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.