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(Guest)

Us court joint physical custody order: promulgate in india

Dear All

I am turning to this great forum to share the progress on my case and seek the wisdom of the community. As always, if you are willing to take up my case and represent me, please feel free to reach out to me. 

Case background.

Adulterous NRI wife. 2 minor kids US born. Wife filed for divorce in US after extra marital affiar was discovered. Courts had provided temporary orders for child support and child custody.

 

1. Child custody

The US Court awareded sole legal and sole physical custody to the CP ( CP= Custodial Party, wife ) in 2010. US Court had also ordered both parties not to apply/change   childrens passport. 

NCP( Non Custodial Party, father, self) feared abduction of US born children to India. Informed US Federal government of possible child abduction and registered the children in the passport alert system.

Mother, without permission of the US court or the other parent applied for childrens passport. This triggered an alert in the US Passport authorities system and I was informed about the situation.

Mother presents proof of joint custody to the Passport authorities and demands passport be issued. Father presents orders of the court to US Passport authorities which prevents BOTH parties from applying for passport. 

I filed an ex-parte motion to the US Court for joint custody which in turn will prevent the other party from applying for passport without both parties consent and the judge rules in my favor. 

I now have a joint physical custody court order.

India actions/motions.

1. I am interested in promulgating the US Court order in India and get ex-parte orders for joint physical custody. 

2. I would like to develop a co-parenting plan in the best interest of the children and get it approved by the court. I will be happy to share my research upon request of any member of this forum. 

Litigation cost.

Since the begining of the case to date, a sum of Rs 18 lakhs has been spent by both parties as attorney fees. 

I would like to hear from the learned, licensed if and under which Indian Act, can I make a ex-parte motion for joint legal custody.

Jurisdiction 

Father is from Pune, Mother is from Chennai. Marriage took place in Kerala. I would like to know if I can file the case in Bombay. 



Learning

 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 September 2011

You cannot file cse in Mumbi in the light of given facts. You can apply for joint custody of your children under the provisions of Minority nd Guadianship Act. The cost of fee is negotiable.

**Victim** (job)     06 September 2011

Rs. 18 Lakhs just for attorney fees it's a lot of money.....r u sure u want to spend more in india as well ? I guess i am very lucky that i found LCI site right away.....i didn't hire any attorney till this date....Thanks to all LCI experts for making this happen.

Tajobsindia (Senior Partner )     06 September 2011

@ Adam,

1. I am interested in promulgating the US Court order in India and get ex-parte orders for joint physical custody. 
Take: Since both of you are in US soil and some matrimonial activity already being serviced in US soil by a Indian couple it is better to see to it that it has logically concluded there. India is not signatory to the UN Treaty nor does it appreciate cross - border abduction of Indian children and perception of Indian Courts heavily lean in favour of Indian mothers (especially NRI mothers).  
To the best of watching various custody case progress in various Courts in India I reiterorate it was Bhubaneshwar High Court some 2 years back for the first time in a Guardianship proceedings granted 'shared parenting" of a minor daughter to both couples who were residing in different States. Fortunately today the couple have united and leading blissful marital life hence not much could be watched further in re. citing.  
However just 2 months back one of the Guardianship Court in Delhi NCR allowed "joint shared parenting" plan of a long contested couple case and allowed converting natural guardian's filed Guardianship / Custody suit into that of compromise under O 23 / R 3 CPC by recording their lengthy 17 pages "joint shared parenting plan" and disposed their almost 6 years old Custody row accordingly. Since the case is still fresh (appealable if any) hence I cannot divulge much other than stating Courts are very slowly seeing the benefit of "shared parenting" / "shared custody / parenting plan" only if properly plead with research materials and offcourse the ld. Judge should also be receptive to common cause submissions purely for welfare of the child.  Here what counts in Indian scenario is “maturity” of intending parents before Bench is what I discovered during my active research on subject matter.


2.
I would like to develop a co-parenting plan in the best interest of the children and get it approved by the court. I will be happy to share my research upon request of any member of this forum. 
Take: I shall not claim to be an expert of US "parenting plan" and I am greatly influenced by such parenting plans and in their practical applications back home and I have several times applied them in various custody suits as persuasive pleadings here in various Courts in Delhi with more or less desirable results. Mind it, it was very draining exercise and neither GWA The Act nor HMGA The Act stipulates such “parenting plans” as advised by my ld. brother above. However, I have read your various past posts and understand you have better grip on welfare of your child and since the matter is seized in US courts it is better to see through it there instead of experimenting (read as investing) in judicial wisdom here. A pointer whom you can approach back home for further guidance and knowing better correctly the situation on ‘child custody’ matters is Dr. Ravi Chandran at https://rescueaditya.org/ 


(Guest)

Thanks you all for your response. I have three hearing next week in US. I will respond back to your response and update on return. 

TajobsIndia : I will post my parenting plan to the files section of this forum if it helps you. There are two formats, one is the court standard format and the second is one I modified which goes into minor details such as " Childrens Facebook account passwords and children email account will be shared by both parties and there will be a online shared document log maintained on which parent logs in at which time." 

I will be adding a section to my parenting plan on OCI/PIO status for children. In global economy, it makes sense for the US born kids of Indian NRIs to get the OCI status for education and other benefits while engaging with India. Why deprieve them of future oppurtunities just because one party is not interested in co-operating.

If I were a a lawyer/ para legal in India, I see business oppurtunity in servicing US based NRI clients. 

Adios.

 

Tajobsindia (Senior Partner )     09 September 2011

Originally posted by :Adam
"
If I were a a lawyer/ para legal in India, I see business oppurtunity in servicing US based NRI clients. 

Adios.
"

Bingo .......... you said it man ha ha aha


I love this comment perhaps the best here I ever come across - PURE - just straight from once heart .........


Would await for such updates in files section as hinted........


ATB


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