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N.K.Assumi (Advocate)     09 January 2010

International child abduction and extradition

Does child abduction by one of the spouse from one country to another country amounts to violation of international law? if so can the court issue direction to the State to extradite the child and the spouse from another State. Suppose the father abduct the child from the mother's custody from America with whom India had entered extradition treaty, and there is an order from the court agaist the father not to take away the child from America without the consent of the court, but in violation of this court's order the father abduct the child and came to India. Can the Court issue order to extradite the father and the abducted child from India to America?



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 2 Replies

Suchitra. S (Advocate)     09 January 2010

Sir, I think in this case, courts of India have to order for extadication of  the father and child to America. Extradition treaties are entered within different States to help other States to get the custody of required paersons, as those States cannot enter the territories of other State.

In case, the father and child had gone to a State wherein extradition treaty is not there between the two States, he couldnt be extradicated.

N.K.Assumi (Advocate)     10 January 2010

Thank you Suchitra.


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