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Need help for getting my son's custody... I am an Indian citizen

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  • Need help for getting my son's custody... I am an Indian citizen

    I am an Indian Citizen married to a Belgian National. We have a 4 year old son who is a Belgian citizen. My ex has violated the undertaking given by him in the presence of the honorable Judge in Family Court, Mumbai. He has left India along with my son in Oct 2012 without informing the court or anyone. I realized this only in the month of March 2013 because for few months I had no access to my son. My son was staying along with my husband and his second illegal wife after he had converted from Roman Catholic to Muslim and he is practicing Islam. My case was STAYED at Family Court, Mumbai since my ex had filed an application for ex-parte Stay in The Supreme Court of India, New Delhi for transfer of case from Mumbai to Bangalore. I was then living and working in Bangalore. However, end of last year I relocated back to Mumbai and now I am residing in Mumbai. During the period my case was going on in Supreme Court, I had no interactions with my ex as the women he was living with and my ex were creating issues to give me peaceful access to my son which was making me mentally very disturbed. In order to protect my interest and keep the situation under control I was advised by the police and my lawyer not to keep any contact with my ex till the case is sorted out in Supreme Court. On Jan 2013 the judgment was passed in my favor. In March 2013, I asked my mom to send an email to my ex and we realized that he is in Belgium along with my son and he had broken up with that lady. On 6th April 2013 was my court date, the honorable Judge has asked me to prepare an evidence of affidavit for ex parte order. However, I have not yet communicated to the court that my ex has ran away from India alongwith my son. My next date is on 15th May 2013. Please advise me in such circumstances what must I do as the ex parte order related to my son’s custody cannot be executed since my ex has left India permanently. He is presently staying in Belgium at his parent’s house, I am aware of his address. Do I need to file a Contempt of Court case against my ex as he has violated the Orders of the Court?

  • #2
    Re: Need help for getting my son's custody... I am an Indian citizen

    If both countries were signatories (signers) of the Hague Convention there would be international help readily available. But only Belgium is in this case and India is not. So Belgium would not have to recognize a custody decree made in India.

    For help, this is the best place to start: India Code Legislation Web site. It will take your retaining a lawyer in India to begin the process getting your child back.

    Comment


    • #3
      Re: Need help for getting my son's custody... I am an Indian citizen

      I wish to inform you that India is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Further, parental child abduction is not a crime in India. However, if your ex has violated any order of the court then you may file contempt of court proceedings against your ex. At the same time, you may contact the Service Public Fédéral Justice in Brussels and the Indian embassy in Belgium and seek guidance from them in the matter.

      AFF

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      • #4
        Re: Need help for getting my son's custody... I am an Indian citizen

        Originally posted by AFFA View Post
        I wish to inform you that India is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Further, parental child abduction is not a crime in India. However, if your ex has violated any order of the court then you may file contempt of court proceedings against your ex. At the same time, you may contact the Service Public Fédéral Justice in Brussels and the Indian embassy in Belgium and seek guidance from them in the matter.

        AFF
        She wants her child back. This reply is not responsive at all!

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        • #5
          Re: Need help for getting my son's custody... I am an Indian citizen

          Melina,

          What happened in court on May 15th?

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