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Vijay   07 March 2025

Gwop if the child is foreign citizen and resident

Can GWOP be filed in India court for child access if child is foreign citizen and resident.

The parents are both Indian citizens.

Child is with mother in foreign country and father is in india. Mother is not showing child to father and father want to get access to child through India court order

Please advise what petition has to be filed in India court to get child access.



Quick Summary
This discussion explores whether an Indian court can grant child access when the child is a foreign citizen and resident, even if both parents are Indian citizens. While an Indian court may issue orders, enforcing them in a foreign country where the child resides can be extremely difficult due to jurisdictional limitations. The advice suggests that while filing a petition is possible, practical enforcement of any court order abroad presents significant challenges.

 2 Replies

P. Venu (Advocate)     07 March 2025

Yes, you can. Hoever, servng notices and getting the directions of the court, if any,  implemented could be quite cumbersome.

T. Kalaiselvan, Advocate (Advocate)     08 March 2025

Indian court do not have jurisdiction beyond the borders of the country.

You may get custody but may not be able to execute the decree in foreign country.


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