@ SGCT350
1. I have personal experience in child abduction prevention motions at State and Federal courts in the USA and have personally attended over several hearings of child abduction/parental kidnapping accusations and in most cases the foriegn courts dont care for the Indian court judgements when it comes to the matter of children unless the courts find that the childs habitual residence is in fact India.
2. With due respect to Sanjeev Malhotras research and reference of a judgement as recent as Dec 2011, foriegn courts can acquit one or even both parents from kidnapping the child, depending on the situation, custody situation, family law case status and several other factors.
3. First question - which country are you planning to go to ? In US, infants if the child is still breast feeding, then most likely the mother gets physical custody and the other parent will get visitation rights. Also, you may want to consider your capabilities to care and nurture a 11 month old baby, manage a full time overseas job. If you have made up your mind to leave the country with the child, you are probably not fully disclosing your motives and planning that has already been carried out.
4. You are better off retaining a counsellor and a "decent Advocate" ( someone who can write more than two lines on LCI and can provide more than just quote Indian Act.)
(a) Why a counsellor? In almost all countries such as US/Canada/Scandinavian/European, you will find that a Counsellor is automatically involved in a divorce case - In your case , involving a counsellor is not to fix your marriage but for you - to be able to handle separation, "dumping" and most importantly, raising a child in between the separation and divorce proceedings. This is a goodwill move and may protect you from going behind bars. If you were in the US and posted something like this on any US based internet forum, you would have been behind bars by now and potentially lost 100% of custody with NO visitation. Pretty serious when it comes to parent planning to abduct child.
(b) Why Indian Lawyer ? The Indian lawyer would be very useful for you to "port your case" over to the destination country and although the destination country may not( will not) honor the Indian court judgments, the fact that you have retained an attorney in India BEFORE leaving the country will show goodwill and also compliance with laws.If you are caught overseas while travelling with the child, say you are drunk at a bar or some other issue which doesnt go with child safety, the foriegn authorities may separate the child from you - your Indian lawyer may be able to get the child back to the mother pending legal procedures.
5. The potential foriegn salary and oppurtunities that you may be able to provide the child may be looked upon by the courts ( India potentially, definetly overseas courts) as something in the interest of the children and if you move the foriegn courts, you may get an ex-parte 100% legal and 100% physical custody order. With that order, you may be able to develop a strategy to "dump" your wife and "abscond with your 11 month old".
6. I have drafted a 20 page long parenting plan which you can use to further protect your childs interest and score goodwill points as you develop your plan. PM if you want a copy.
7. Lastly, it is obvious that you are come from a well to do family , financially well off, good job etc. You are not someone who would you lay the foundation of your own economic ruin ? Your post appears to have an element of deception - just my opinion - Why dont you tell the whole/real story ?
No father, in their right minds would plan to abscond to a foriegn country with a 11 month old ? There is more to this than meets the eye.
