• Custody and international travel

I am divorced for 2 years and share joint custody of my two children (ages 10 and 6) with my ex-wife. We are both Indian citizens, and the children are U.S. citizens. I would like to travel to India with my children to visit family, but my ex-wife does not agree. Additionally, my father has never met my daughter, and most of my family resides in India, while most family is based in the U.S and hates my parents. I am seeking guidance on obtaining a U.S. court order that would allow this trip. Since India is not a signatory to the Hague Convention, I’m looking for ways to assure the court and my ex-wife that I will return to the U.S. with the children after the visit. I am willing to sign a consent order or agreement that could be filed or registered in India, affirming my commitment to comply with our U.S. custody arrangement. Please advise on the best course of action and any options to support my case.
Asked 18 days ago in Family Law
Religion: Hindu

17 answers received in 1 day.

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17 Answers

You need court orders to travel to India for period of one month with your kids 

 

inform  the court of your travel plans ,city wherein you would be staying with your kids .give  a undertaking to court of return to USA on x date 

Ajay Sethi
Advocate, Mumbai
98312 Answers
7989 Consultations

1. if there is any restraint order on foreign travel by the USA Court then such information is necessary.

2. otherwise you being his parent can apply for visa for such travel without her consent.

3. However to avoid legal complications it is better to apply for court order in USA to ensure the travel of the kids.

Devajyoti Barman
Advocate, Kolkata
23495 Answers
529 Consultations

No such consent order or agreement needs to be registered in India.

The order of USA court is equally effective on Indian Court by application of the rule of Amity and Comity of Courts.

Therefore, the order of USA Court is enough to safeguard the return of the children back to USA within the prescribed time period. 

Devajyoti Barman
Advocate, Kolkata
23495 Answers
529 Consultations

You have to file an application before the court in USA seeking permission of court to take your child to visit India and back by giving a clear schedule of your program to India and back and if possible you can attach the copy of flight tickets and visa also. 

Your ex spouse would be required to give No objection to this,  you may have to give a notice to her for that. 

You have nothing to do in Indian courts for permission or any such affirmation except for Visa. 

T Kalaiselvan
Advocate, Vellore
88514 Answers
2397 Consultations

You don't have to give any undertaking in any Indian court in this regard. 

The undertaking to be given in USA court would be pertinent. 

There's no provision in law to obtain any such permission from Indian court. 

You can pursue the process in USA court as per that country laws.

T Kalaiselvan
Advocate, Vellore
88514 Answers
2397 Consultations

Yes we are not signatories to Hague convention so the other countries may not be effectively adjudicating the custody orders passed but still court has powers to effectively adjudicate the matters 

Prashant Nayak
Advocate, Mumbai
33420 Answers
220 Consultations

A very recent supreme court decision is there in your support. In this public platform I can not disclose the same.

Devajyoti Barman
Advocate, Kolkata
23495 Answers
529 Consultations

To bring a child to India and take them back, you'll need to initiate legal proceedings, potentially seeking a writ of habeas corpus and/or pursuing custody orders through the Indian courts, as Indian authorities cannot guarantee the return of a child without a legal basis. 

There is no provision in law  to get any such assurance from any Indian  authority other than a court order.

For a court order  also you may have to bring the child and produce it before high court and undergo the process.

India has a fairly comprehensive policy and legal framework addressing rights and protection for children, providing opportunities to ensure that all children have equal access to quality protection services. 

Therefore it is advisable that you get a no objection from your ex spouse, produce it before court in USA and bring your child to India and take it back with US court permission  

T Kalaiselvan
Advocate, Vellore
88514 Answers
2397 Consultations

Your kids ate as citizens and presently residing in USA 

 

Indian courts will have  no jurisdiction in this case 

Ajay Sethi
Advocate, Mumbai
98312 Answers
7989 Consultations

 

You can execute personal bond  or any guarantee that courts require in USA 

Ajay Sethi
Advocate, Mumbai
98312 Answers
7989 Consultations

  1. U.S. Court Order: Request court approval with a clear return date and travel details.

  2. Consent Order: Sign a legally binding agreement promising to return with children.

  3. Mirror Order in India: File the U.S. custody order in Indian court to show legal accountability.

  4. Extra Assurances: Provide return tickets, school schedule, and offer to post a bond or surrender passports.

➡️ This builds trust with the U.S. court and your ex-wife to allow travel.

Shubham Goyal
Advocate, Delhi
1038 Answers
5 Consultations

  1. Any Court order to take kids to another country requires consent of mother. No U.S. Court or any Court in any country will all kids to travel with one parent without the consent of other parent. Consent of mother  is the  key even for Court in country of Hauge Convention.
  2. No order/registration/undertaking is required to be filed in Indian Court.
  3. Your U.S. attorney is correct. Kids being U.S. nationals, U.S. government can enforce return of kids. What is necessary is consent of mother .

Ravi Shinde
Advocate, Hyderabad
4850 Answers
42 Consultations

As per law, a valid order passed by the US court in the presence of both the parties Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of CPC and also on account of comity of Nations.

- If the order of travel with the child already granted to you by the US Court then the Indian Court having no right to interfere in the said order. 

Mohammed Shahzad
Advocate, Delhi
15144 Answers
230 Consultations

1.    You shall have to file an application before the US Court praying for leave for taking your children to India for a specific period of time.

 

2. Since you are not a citizen of US, the Court might ask for certain amount of surety/guarantee to be placed by you to assure the court that you shall return to US after the stipulated time.

 

3. wait to see what type of surety/guarantee the Court is seeking for granting leave to you for taking your children to India for a specific period of time.

Krishna Kishore Ganguly
Advocate, Kolkata
27570 Answers
726 Consultations

1. Apart from your signing consent order or agreement the Court might seek financial securities to be placed before the Court to ensure your return to US.

 

2. Try for offering to place the said financial security before the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27570 Answers
726 Consultations

1. Pledging good amount of financial securities might be considered by the Court as concrete assurance for your return to US with your children.

 

2. Offer such pledging of financial securities before the Court for getting the said leave.

Krishna Kishore Ganguly
Advocate, Kolkata
27570 Answers
726 Consultations

To support your U.S. court petition for travel to India with your children, you may execute a notarised and apostilled undertaking or consent affidavit affirming your intent to return to the U.S. and to abide by the existing custody order. Though India is not a signatory to the Hague Convention, such a document can be:

  1. Filed in an Indian court for record, or

  2. Retained as evidence to reassure the U.S. court and your ex-wife.

You can further offer:

  • A detailed travel itinerary with return tickets,

  • A bond/security, if required,

  • Daily video contact with the mother, and

  • Temporary passport escrow with the U.S. court.

Aman Verma
Advocate, Delhi
388 Answers

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