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Night1234   01 October 2015

International child custody case - plz answer

Child is USA citizen. USA court has given Child custody to Husband. Wife gone back to India and staying with her parents. Husband and kid went to India to see his parents and Wife filed Child Custody case.

My question is...

1) Does Indian court have right to break the USA court orders and give child custody to Wife?



Learning

 2 Replies

Mukesh sharma (job )     01 October 2015

in this case if chid USA cityzen than indian court rules not apply on this child so mother did not file case agianst case custody but first you talk with local lawyer also 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     01 October 2015

Jurisdiction over custodial rights of a minor U.S. citizen will remain with U.S. Courts but depending on other circumstances, such as citizenship of the parents, the Indian Courts may have concurrent (also have) jurisdiction if the child lands in India and is in India at the time of the custodial dispute.


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