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
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.
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
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.
I already in the process for U.S. court order to allow me to travel to India with the children. Since India is not a signatory to the Hague Convention, I want to ensure the court and my ex-wife/mother 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 an Indian court. Can this be done? or there are other legal protected ways that this can be done, to assure that US court, so that my travel can be granted?
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.
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.
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.
My US attorney informs me that, since India is not a Hague Convention member, the children's return is not guaranteed, and the judge requires concrete assurances before approving my travel request; otherwise, it will be denied.
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
A very recent supreme court decision is there in your support. In this public platform I can not disclose the same.
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
Your kids ate as citizens and presently residing in USA
Indian courts will have no jurisdiction in this case
U.S. Court Order: Request court approval with a clear return date and travel details.
Consent Order: Sign a legally binding agreement promising to return with children.
Mirror Order in India: File the U.S. custody order in Indian court to show legal accountability.
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.
- 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.
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.
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.
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.
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:
Filed in an Indian court for record, or
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.