Legal Question in Family Law in California
in case a wife runs away from California and come back to india, where she is staying since 10 years and she and her daughter are green card holders, can the husband of her prove that she is an abductor of the child. will she face criminal charges. is mother taking her child away from father for the welfare of the child a criminal act? kindly explain with case law.
1 Answer from Attorneys
You do not provide enough information to answer your question. Sometimes it is a crime and sometimes it is not when a parent takes a child overseas away from the other parent. I can tell you, though you probably already know this, that unless she brings the child back to the U.S., there is nothing you can do, because India refuses to honor the Hague Convention on child custody and abuction.
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