Legal Question in Family Law in California

My friend , his wife and kid are US citizens. He moved to India in 2006 for work. During this time he and his wife had some issues and she filed for a divorce in her home town. Its been 3 years and the case has not moved much. My friend has not seen his kid in these 3 years as she has been hiding them.Now my friend has moved back to USA (california) as his job demands that. Its difficult for him to go for a court hearing in India every now and then. He is desperate to see his kid and at the same time worried about her well being. Is it possible for him to file for ex-parte child custody, if there is a divorce and child custody case pending in India. His wife has only filed for a divorce in India. She has not filed for any child custody, my friend has filed for child custody, which has not come up for hearing yet. Can he compel her to come to USA with the kid to fight the case in USA. As in India its difficult to fight a case and it takes too long. My friend fears that she may have done lot of damage by now and the kid may have forgotten him by now. Please suggest. Also will filing for ex-parte divorce help. How difficult will it be for her to oppose a temporary custody order in USA (if my friend manages to get one).
Thanks.

Asked on 6/18/10, 1:00 pm

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0 attorneys agreed

There is nothing that can be done in California about this. It must proceed in India.

Answered on 6/21/10, 12:25 pm

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