Lady I repeat in your easy understanding in English language once again;
India is not a signatory of the Hague Abduction Convention which US laws recognises and India does not consider international child abduction a crime. Indian courts rarely recognize U.S. custody orders preferring to exert their own jurisdiction in rulings that tend to favor the parent who wants to keep the child in India. [This is not the case in hand]. In the rare scenario that a case is resolved, it is usually due to an agreement between the parents rather than the result of court orders or arrest warrants.
Cultural factors often impact child custody decisions in India. For example, Indian courts rarely grant custody to a parent residing outside of India, even if both the child and abducting parent are American citizens. Additionally the courts tend to favor mothers when determining custody. [This is your loopy after though process after your separation decree].
India does not require the signature of both parents for an Indian passport to be issued to children younger than 18 years. India requires exit permits for children. [Showing custody retained order during your separation he is within his rights to take child out to USA]
Because India does not recognize dual nationality, as soon as a child is documented as a U.S. citizen, that child has no claim to Indian citizenship unless he or she renounces the U.S. citizenship upon reaching the age of eighteen. [Now it is too late by you even to cancel your child assumed US citizenship status which we are sure her father must have put papers before concerned US Authorities for her citizenship]
A parent can prevent issuance of an Indian passport to their child by lodging a complaint with the passport office. [Not done in your case by you so now too late]
India does not allow a child to be entered on a parent's passport. [I doubt he will like to come back so soon forget some HC order of his return]
Also, a child cannot travel through the region on a national ID card without processing through customs (i.e. travel through the EU).
The consent of a non-traveling parent (regardless if father or mother) is not required for the child to depart India. Likewise, the father does not have to approve the children's departure from India. [This is what you are challenging and for the same good luck]
There is no formal process for registering a foreign custody order with the courts, and U.S. custody orders are not automatically enforced in India. Do anyone of you think Indian courts order US court will entertain when India is not signatory to Hague Abduction Convention and this to be "incoming" case ? Your propsective situation is that of "incoming case" for US authorities to unravel.
Custody decisions are made "in the best interests of the child," using as the primary consideration the welfare of the child: the ability to support the child financially, any history of abuse, etc. [Was there any history of abuse you can show to Jury in a US court of Law? Had it been so the first que. US County Court will ask your attorney is why Indian Court granted ciustody of chidl to father and there thrown out in 20 seconds your representation from County Court]
India has laws authorizing courts to award custody in the case of divorce, but the laws do not contain substantive guidance for custody determinations - case law does exist (ref: Sharma vs. Sharma (2000) 3 SCC 14 or Sumedha Nagpal vs. State of Delhi (2000) 9 SCC 745 or its opposite ref.: V. Ravi Chandran (Dr.) vs. Union of India (2010) 1 SCC 174.
Parental child abduction is not a criminal offense in India whereas it is so in USA and case of this nature the signatory oto Hague Abductions Concention is missing link un-repairable is my view..
Although India will extradite its own citizens subject to an Interpol arrest notice if the crime is covered by the U.S. Extradition Treaty with India this is not an available remedy in parental child abduction cases because India does not recognize it as a crime. [So good luck there]
Interpol India indicates that it will search for a missing child based on a "Yellow notice". I already sparked earlier about "Amber Notice" see what you can do about disco colours of NOTICE now! [So once again good luck there]
At the end let me remind Indian mothers about there three weapons in custody / visitation case that are commonly used in almost all custody / visitation cases;
One - He does not have a female company at home to take care of my child.
Two - His character is not becoming of natural guardian.
Three - He is committing Emotional + Physical +/- Sexual assault to my child.
Among the above three most common allegation stage which stage your current ridding on right now we very well understand. [Hence finally good luck to you.]
Also do care to reply the date he left and the date visitation order announced for making this query more clearer for writers to suggest clear remedies available to an Indian mother instead of bankign solely on Contempt of Court as if it is Rx off the shelf in your facts which I have serious reservations about !
Allow me to quote your day dreams now "See I know that my daughter wants to see me. No child in the world would not want to see her Mother."
Take: Respected Indian mother where were your emotions then at the time of your separation from your ex-husband to have allowed custody of your female daughter to him now that you are visualizing above thy name point three above ? Did not a mother knew that a girl will reach puberty to seek company of female when your separation arrangments was drafting? Only in India, Indian mothers have clouded judgment of Judiciary on this point and no where in the world jurisprudence I have ever come across that a mother uses all three pleas. BTW would you like to read several Indian custody orders including that from our Hon'ble Apex Court where either gender minor child has BLUNTLY refused seeing natural mother leave aside for a moment children of the world!
You have to search for an Attorney in Arizona State particularly in the County where he along with child are living as Arizona State is bigger than MP State. US Consulate may help in giving leads to you into right direction. The list that I mentioned earlier is for “outgoing cases” [I admit I made a mistake in quoting about the list without signifying of it to be outgoing or incoming list thus you asked me this question for clarity which I just made].
Also note the moment case is filed in US soils all sorts of counseling / physical examination / physiatrist examination by private agencies [mind it these services are contracted to private hand including prison housekeeping there in USA unlike in India where Govt. squeezes our tax payers money and provide litigants crap service] may happen on your own girl child minus a mother there to accompany minor child from pillar to posts so bear that also in mind before reaching to David Goldman’s most famous international case of inter-parent child abduction.
The most humane solution to your query is to have communication channels with your ex-husband re-opened on humble politeness grounds and enter into an agreement between the parents rather than the press for result of court orders or subjecting your own child to psychiatric / social examination in a foreign land when her own mother is absent.
[Kindly don’t re-quote my large replies while asking a query if you have to ask anything to me just pick mine line as quote and I may reply keeping larger public satisfaction of my replies over singular queriest satisfaction]
