How can I get custody of children detained abroad illegally?
What legal remedy can I opt to get the custody of my 3 minor children detained abroad for past four years. My nri husband abandoned me and kept the children. He is not allowing me to see or even speak with the children. Children are living out of the Indian courts jurisdiction, can I file Habeas Corpus case? How to issue Red corner notice and cancel pp of my husband?
You can also file for a writ of habeas corpus in the Indian High Court in cases of gross violation of custodial rights over your three minor children detained abroad. Since India is not a signatory to the Hague Convention, you must approach the foreign court seeking custodial orders. To get the Red Corner Notice against your husband, a request to this effect has to be brought before either the CBI or Interpol explaining grounds for it. Additionally, one can cancel his passport issued by the Ministry of External Affairs if it is proved that the parent has deserted the children and is neglecting his legal obligations. Experience Counts An experienced family law attorney should be consulted who specializes in such international custody matters.
Sir, to regain custody of your children abroad, consider filing a Habeas Corpus petition in India or seeking a Hague Convention return if applicable. You may also explore issuing a Red Corner Notice and requesting passport cancellation to limit your husband's actions. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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