wife taking kids to india

[jigz7]

What is the name of your state (only U.S. law)? IL

1)Me and my wife having differences and she wants to take my kids back to india. Is this good idea? We might get separated. Is there any legal way I can bring my kids back if she refuse to come back and not allow me to see my kids?

2) can we get divorce here in US instead of in India? will they account that divorce in india?

Please let me know. Thank You for your feed back

 

[Silverplum]

What is the name of your state (only U.S. law)? IL

1)Me and my wife having differences and she wants to take my kids back to india. Is this good idea? We might get separated. Is there any legal way I can bring my kids back if she refuse to come back and not allow me to see my kids?

2) can we get divorce here in US instead of in India? will they account that divorce in india?

Please let me know. Thank You for your feed back

Are any of you American citizens?

I think it's a HORRIBLE and TERRIBLE idea to allow one's children to be taken halfway around the world, to a country that is NOT a party to the Hague Convention. See here: http://travel.state.gov/content/childabduction/english/country/india.html

 

[LdiJ]

Are any of you American citizens?

I think it's a HORRIBLE and TERRIBLE idea to allow one's children to be taken halfway around the world, to a country that is NOT a party to the Hague Convention. See here: http://travel.state.gov/content/childabduction/english/country/india.html

I don't disagree, but if none of them are US citizens (here on H visas for example) then he may not be able to stop her.

 

[Ladyback1]

What is the name of your state (only U.S. law)? IL

1)Me and my wife having differences and she wants to take my kids back to india. Is this good idea? We might get separated. Is there any legal way I can bring my kids back if she refuse to come back and not allow me to see my kids?

2) can we get divorce here in US instead of in India? will they account that divorce in india?

Please let me know. Thank You for your feed back

I'm going to say this: If you "allow" the children to be taken to India, it is not beyond the realm of possibility that you would NEVER see your children again.

It's hard enough to retrieve children that are taken by a parent to a country that adheres to Hague Convention...how hard is it going to be with a country that doesn't give to flying flip about any old convention???

 

[LdiJ]

I'm going to say this: If you "allow" the children to be taken to India, it is not beyond the realm of possibility that you would NEVER see your children again.

It's hard enough to retrieve children that are taken by a parent to a country that adheres to Hague Convention...how hard is it going to be with a country that doesn't give to flying flip about any old convention???

I am thinking that at least he and his wife are Indian citizens, if not the children as well, so the "never see your children again" bit probably doesn't apply. He can easily fight it out in the Indian courts.

 

[jigz7]

I am thinking that at least he and his wife are Indian citizens, if not the children as well, so the "never see your children again" bit probably doesn't apply. He can easily fight it out in the Indian courts.

Thank You all for response. I am citizen, my kids were born here but she has green card(permanent resident) card. She is citizen of india for now. She wants to be away from me for few months but not sure if she ever come back. but is there a law if we decide to separate that I could see my kids?? Should I get written notice from her that she will bring my kids back in three months??

Thank You in advance for your replies.

 

[Zigner]

Thank You all for response. I am citizen, my kids were born here but she has green card(permanent resident) card. She is citizen of india for now. She wants to be away from me for few months but not sure if she ever come back. but is there a law if we decide to separate that I could see my kids?? Should I get written notice from her that she will bring my kids back in three months??

Thank You in advance for your replies.

If she goes to India, then regardless of any law or court orders, you will have great difficulty using the legal system here to force her to do anything.

 

[Ohiogal]

Thank You all for response. I am citizen, my kids were born here but she has green card(permanent resident) card. She is citizen of india for now. She wants to be away from me for few months but not sure if she ever come back. but is there a law if we decide to separate that I could see my kids?? Should I get written notice from her that she will bring my kids back in three months??

Thank You in advance for your replies.

Do the kids have passports? From what country? Where are they?

 

[jigz7]

Do the kids have passports? From what country? Where are they?

Kids don't have passport yet but she wants to get it. They will have passport from USA since they are born here.

 

[Silverplum]

Kids don't have passport yet but she wants to get it. They will have passport from USA since they are born here.

Then YOU stop the passports. You and your children are American citizens, and she has NO right to remove them from this country.

http://travel.state.gov/content/childabduction/english/preventing/passport-req.html

 

[Just Blue]

Thank You all for response. I am citizen, my kids were born here but she has green card(permanent resident) card. She is citizen of india for now. She wants to be away from me for few months but not sure if she ever come back. but is there a law if we decide to separate that I could see my kids?? Should I get written notice from her that she will bring my kids back in three months??

Thank You in advance for your replies.

Do not allow you r children to leave this country. Just DON'T. File for divorce and custody...request that the children not be allowed to leave the country. TODAY.

 

[jigz7]

Do not allow you r children to leave this country. Just DON'T. File for divorce and custody...request that the children not be allowed to leave the country. TODAY.

Thank You for all of your input. Really helped me with all the information.

 

[rooms222]

1) If you don't sign to get the U.S. passports, she will not get them. Do you think she is planning to get Indian passports for them?

2) As noted, you should file and get an emergency order to stop her from taking the children out of the country stating that she is a citizen of a non-Hague convention county, and has indicated possible plans to take them there. It should also order both of you not to get passports at this time, if the judge will agree.

More info here: http://www.americanbar.org/publications/gp_solo/2011/april_may/parental_tug-of-warpreventinginternationalchildabduction.html



This is secondary to the main issue, but if she goes back to India and stays over there for more than a year or so, she will likely lose her green card for not maintaining its status. http://www.immihelp.com/greencard/retain-greencard.html I mention this because she may not know this, and for you, it makes it more likely that she cannot easily return here, complicating the issue of the children.

 

[Proserpina]

This thread needs some clarification - this situation isn't nearly as clear cut as may seem. So let's go, shall we?

NONE of us on this thread agree with Mom taking off with the kids - that much is clear. But what we think and what India (and to a certain extent the US) thinks are two entirely different things. To wit...


1. As of right now, Mom does have the right to take the children back to India. Remember, we don't have exit controls - we check who's coming in, but not who's leaving. When there's an injunction present, it still doesn't stop her.

2. Just like the US, both parents are required to sign for the minor's Indian passport too...in theory. Unfortunately it's remarkably easy for Mom to lie her way out of the country and take the children with her. India does not have a similar alert program, either.

Read here: http://passportindia.gov.in/AppOnlineProject/online/faqServicesAvailable

3. (This is where it really goes to hell in a handbasket). Assuming Mom is back in India with the children, Dad is stuck. The Indian courts just won't give custody to either an Indian citizen parent or a US citizen parent if they don't actually live in India. Worse, even if that wasn't the case, Mom has the Golden Uterus.

4. Dad, you're a US citizen. Neither the US nor India can actually help you get in and out of India.

5. Even if you obtain a court order or emergency order preventing them from leaving, the chances of it actually doing so are dismal.

What I would suggest, to be perfectly honest, is that you stay nicey-nice with Mom and get the US passports NOW. Then, you make damn sure that the only parent with possession of the passport is you. Ordinarily I'd suggest that you let the courts "hold" the passports but I fear that's only going to encourage Mom to try the other route - the Indian passport.

This is a horrible, horrible situation and India is not going to give you any help. Would you humor me though please? I'd like to look further than my usual sources to see if there's anything available to help you prevent your children from being removed. I don't feel we're all done here yet.

 

[Proserpina]

1) If you don't sign to get the U.S. passports, she will not get them.

Unfortunately, that's not quite true. There are underhanded and illegal ways to obtain a passport without the other parent's consent, and the kicker? The State will not revoke an already-issued passport. Dad needs to be prepared too, for a restraining order against him. That's probably the easiest way for Mom to get a US passport for the children.