@ Author,
Here are in laymen’s way US laws on child abduction explained to you. Keep trying now!
An “Amber Alert” would NOT be issued in this case, unless the child was deemed to be in danger. It is NOT considered parental abduction in this case because a parent can not kidnap their own child, again unless there is a custody arrangement in place (then if they violate that arrangement, it IS considered parental abduction) but same should be reciprocal arrangement recognized by both countries. For your bad luck understanding USA does not recognize Indian custody laws of their CITIZENS.
Illustration first on how I arrived at colly. reasoning below:
Say on 1st. June he with child left for USA while some custody case was pending in India. After his leaving the order on interim visitation was announced by the Court say on 10th. June. You reached at doorstep as per Memo of Parties in that suit say by 11th. June to find locked address. In such illustration it is not abduction nor kidnapping nor even contempt of Court for a simple reason no restraining order not to leave Jurisdiction of Court as status quo was ever tried first of all by your side before even filling for interim custody application!!!
Colly reasoning:
Both of you were granted by a court decree separation. During that suit the physical custody went to natural father who as per Indian law is natural guardian of the child. You are just a mother to the child. A 8 years old child as per US law is treated as reasoning age in child abduction suits unlike in India the age is 11 years other than few septuagenarian lordships emotional chamber announcements in stray cases of 5 years old child to be reasoning age for which you may run fast to SC. His employer may kick him out reading emotional letter of Indian ex wife but then USA is land of opportunities and a natural father with a minor child would not have taken risks without weighing his capacity to sustain there before taking the child. Both countries donot have extradition treaties for USA citizen which your child specially enjoins NOW J India does not recognize Hague Abduction Convention (many Indian wives from USA have abducted child back to India so it is natural why Indian legislature would be keep to give ascent to Hague convention on IKPA which US recognizes to come out with INTERNATIONAL CHILD ABDUCTION REMEDIES ACT (ICARA) in 2008). Ours is a weak State when it comes to such grey matters and sufferers are both genders of Indian origin.
Your Indian lawyer should know first that The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) has been enacted only in 48 states (in USA) and has been just introduced in others. Generally, this statute contains both jurisdiction and enforcement provisions that require a state to enforce a custody or visitation order that was issued by the child’s habitual residence. Ministry in Delhi is great in red-tap so there goes high sales on Duranto train tickets to come every weekdays to talk to some babus in Central Ministry to expedite the case whatever rosy promised by yoru lawyer back home J.
US only recognizes INCOMING HAGUE CASES and since India is non signatory so there goes such futile efforts and indirectly burn money on high flying brother advocates assurances that ammaigaru I will get back your child ! That may be the reason another replier above said ‘keep banging”? Mind it India is heaven for INCOMING child abduction and no act of even GOD can extradite USA citizen child brought to India by an Indian Hon. mother - except one case that of my old friend Dr. V. Ravi Chandran which offcourse was faught one time by ld. Sh. Prashant Bhushan.
Now here is the concluding shocker of USA Court system where some future case you may plan to file and on what parameters the local USA Court can deny the return of your child based on 10 days vacation alleged contempt (for USA Court it is not contempt believe me) -
The return of your child can be denied by a U.S. court under limited circumstances in accordance with the Hague Convention. The return can be denied, for example, if the other parent (that is natural father) is able to prove to the court one of these exceptions provided for in the Hague Convention:
- If there is a “grave risk” that the child’s return “would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation” (Article 13b);
Take: Your husband has smart lines to explain this para sittiing in comfortable adopted home. All that he has to do is pay honestly hourly rates to local attorney, they will do his work.
- If “the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of” the child’s views (Article 13b);
Take: If your child did not raise any alarm at port of departure (i.e. India) and upon embarkation port in USA upon arrival then all said done she is comfortable in her dads company and will sing non-objection tune believe us the moment she has been to Disney Land (by now her father must have taken her on such visit for sure) this we have seen practically.
- If over one year has passed since the date of the wrongful removal or retention (Article 12) and it is demonstrated that the child is settled in their new environment; Take: This is about to happen if babus in Delhi get busy in coming presidential election betting and ignore for long your file.
or
If the return of the child would be in violation of the United States’ “protection of human rights and fundamental freedoms” (Article 20).
Take: Ask your local Advocate what is Indian equivalent as per our Constitution to American Art. 20 J
But apart from above depressive reading here is a good news; In order to pursue the return of your child from USA, you will likely need to retain an attorney in the country to which your child was taken. This attorney abroad list is kept in some drawer at US Consulate in nearest metropolis in India whom you may approach and can help you navigate.
Concluding remark is that I differ to non legal read with non medical take of @ MRRPersonality and say he should read posts instead of giving such bald takes without any application of mind.
That is why number of times I placed here articles for prudent professionals to pressurize India sign Hague Convention but then who cares is general attitude and people take note when they get HIT and not otherwise is our national pastime………
