Child custody for nri
shrishriml
(Querist) 03 November 2016
This query is : Resolved
Hello Experts,
I am posting below query for a friend who is really in need of help.
She got divorced contested one 3 years back in US, where it was mentioned that the children would come back to india with the mother and was granted alimony for only for 2 years.
However, now her husband has remarried and has also managed to get complete custody of the two boys in case the mother has to come back to india once her visa expires. The father is also not agreeing to renew the children s passports.
She really wants to come back to india and wants to know if there is any way she can get her children s indian passports renewed without the father s signature in the US? They are all indian citizens.
adv.bharat @ PUNE
(Expert) 03 November 2016
Ur friend need to make application for it to the local court.
shrishriml
(Querist) 03 November 2016
She is in US, and cannot leave the kids in US and come to india. Can she file the application in indian court through POA?
Devajyoti Barman
(Expert) 04 November 2016
If she can show that the custody of the children is with her by a court order then only she can avoid father's signature.
Otherwise there is no option.
Without physical presence of children she can not fulfil formalities for passport.
If she is US ask her to remain there only so she gets USA citizenship for the children.
In India I find no immediate relief for her.
Kumar Doab
(Expert) 04 November 2016
You have posted that;
"However, now her husband has remarried and has also managed to get complete custody of the two boys in case the mother has to come back to india once her visa expires."
You may elaborate.
Expert Mr. Devajyoti Barman has provided you with option.
Rajendra K Goyal
(Expert) 04 November 2016
For getting the renewal of passport of children, she should visit Indian embassy in US (passport section or such offices in major cities for the purpose - search net for location) and apply there. She need not visit India for that. She can present the copy of divorce decree and required related documents. If documents are in order they would stamp the extension of passport.
Without valid VISA they can not stay in US.
Discuss in detail with Embassy officials.
R.K Nanda
(Expert) 04 November 2016
nothing to add more.
P. Venu
(Expert) 04 November 2016
Everything has happened and is happening in USA. It is my considered opinion that the law of that country applies.
shrishriml
(Querist) 04 November 2016
Thanks for the replies. If she applies for passports at the embassy there would she be able to fill in annexures G and H which is for single parents in india?
What are other options for her if the ex husband is adamant on keeping the children in US and she has to come back? Can she file any case in india challenging the custody order of US courts by power of attorney? As they are all indian citizens and divorce was contested one in US.
Devajyoti Barman
(Expert) 05 November 2016
If she comes to India she can file suit for custody of children in Indian court provided she abandons her claim for custody filed in US court.
Rajendra K Goyal
(Expert) 05 November 2016
Litigation in US is very costly.
You can contact embassy there, search net for formalities for renewal of the passport of children.
Whether husband is GC holder / on work VISA and ready to keep children there?
What provisions for children have been made by US court while accepting divorce?
You should consider all aspects, analyse and take steps which are in the best interest of children.
Kumar Doab
(Expert) 05 November 2016
"She got divorced contested one 3 years back in US, where it was mentioned that the children would come back to india with the mother ....................However, now her husband has remarried and has also managed to get complete custody of the two boys in case the mother has to come back to india once her visa expires"
You may revert on the points raised by experts.
DR.VEDULA GOPINATH
(Expert) 11 November 2016
dear query member
Hindu marriage act need to be administered in India and foreign courts have no jurisdiction as per the vehement and assertive decisions given by Apex court followed by many higher courts.
Thus your friend is having right for custody of kids as well as maintenance etc. Your friend may if interested can contact me
dr vedula goapinath senior advocate/arbitrator vgnath@gmail.com mobile 9866013121
shrishriml
(Querist) 11 November 2016
Thanks experts, will let her know
