Ganesh 27 May 2021

Visitation (video call)

Hi,

Both the parents are Indian citizens. Child was born in US. The child is staying with mother in US. Father has returned back to India.

Can father file Visitation case in India and request for video call contact with the child? Will there be jurisdiction issue even to request for video contact with the child?

Please advice.

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5 Replies

lawyer_rajiv (9811284735) (lawyer) 28 May 2021

as you both are Indian citizens & I presume that marriage was solemnized in India. you have all the rights to file a petition for visitation rights or custody of the child in Indian courts. you may pray for video chat as well. But as your child is a US citizrlen, his mother may invoke the jurisdiction of US courts and that might be a stumbling block. you might have to defend her petitions in US.

Sankaranarayanan (Advocate) 28 May 2021

yes i do agree with expert rajive ji

T. Kalaiselvan, Advocate (Advocate) 28 May 2021

You can file a child custody case as well an application seeking visitation rights to visit your child either physically or through the proposed video calls as an interim relief.

P. Venu (Advocate) 28 May 2021

You may approach the family court. Any decision depends upon the stand, if any, adopted by your wife.

Dr J C Vashista (Advocate) 29 May 2021

Besides the fact the child is a US citizen, the child and mother are residing in US, Indian Courts can not assume jurisdiction qua visitation or custody of the minor.