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Neha   09 October 2019

Parental child abduction

My ex husband and I are from India, but currently living in USA with PR. Can I file claim on my ex husbands real estate & bank accounts in USA, if he abducts our child and take him to India?

I am divorced and my ex husband and I have a joint physical and joint legal custody of the subject child, who is a 4 years old boy. I am the mother and child support recipient parent. My ex husband has threatened me on several occasions that he will flee to India with the child to avoid paying child support. He has a house in New York and few investment accounts. My question is, in case he flees out of country with our child, would I be able to file claim or freeze his real estate, bank accounts, savings and retirement accounts to finance the legal battle?

 6 Replies

G.L.N. Prasad (Retired employee.)     10 October 2019

There is no link in between the abduction apprehension of your child and managing property matters and these issues are separate.  Contact any advocate in India for proper guidance.  You can not proceed against any of his personal assets unless you are having joint ownership even when the husband abducts his own son.  Your ex-husband before resorting to any such actions certainly takes and considers the repercussions by speaking to his advocate.  I do not know whether a father taking his son amounts to abduction or not.

P. Venu (Advocate)     10 October 2019

The facts posted suggest that the actions, if any, needs to based on the law in force in your place of your residence.

Shashi Dhara   12 October 2019

Where you have taken divorce in India or America If it is in America then you contact local advocate and issue legal notice to your exhusband If he cheats then approach court in America and take legal action against him.

Venkat   21 October 2019

Prevention is better than cure. Don't give consent for the child's passport or if he already has then keep it with you and don't give it to your ex husband. If he already has it, then get a court order to take it back and deposit with them or the department of state. Also passports for minors have to be renewed for every six months.

If still manages to abduct the child despite all your efforts, then no worries. You can file a writ of habeas corpus in india in the concerned high court and they will definitely ensure that your child will be put back on the flight to u.s.a within a month. There are several cases where did that.

Hope this helps.

Neha   23 October 2019

Thanks for the replies! Filing writ of habeas corpus in India would only be useful if I would know his whereabouts. What is the remedy if he travels to India with our son and goes underground?

Venkat   24 October 2019

Firstly, sorry there was an inadvertent error. Minors passports have to be renwed every five years, not six months. As for habeas corpus, dont worry about him going underground. With court orders, child can be produced in court.

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