Legal Question in Family Law in Georgia

You have no more right to your cjhildren than your husband does.

Taking your children's passport is NOT a criminal matter and the police would have no authority as he has the same right to it as you do. While taking YOUR passport probably is a criminal matter, police are unlikely to intervene and you probably either need to resolve this in divorce court (see below), or report your passport stolen and seek a replacement (which would allow you, but not the children) to go to India.

If you want to take your children out of the country, you need a lawyer, and you will probably need to deal with the case as part of a divorce or separate maintenance action. Be aware that in most counties there will be a standing order prohibiting you from removing the children from the county without the court's permission, and you may or may not get that permission.

(As a final note, if you are here with no U.S. green card you or your husband or both MAY be in violation of immigration law, and that is NOT an area of my expertise, so besides seeing a divorce lawyer, do contact an immigration lawyer as well. That will be two separate attorneys unless you find someone who handles both).

I should add that Consular Information Sheets issued by the U. S. State Dept. now carry this routine warning: "In an effort to prevent international child abduction, many governments have initiated procedures at entry/exit points. These often include requiring documentary evidence of relationship and permission for the child's travel from the parent(s) or legal guardian if not present. Having such documentation on hand, even if not required, may facilitate entry/departure."

Canadian customs officers also may require a notarized statement from both parents when they find a child under 18 traveling alone or with other adults. All carriers, including air, sea and land, can be fined for bringing people into Canada without the proper documentation.�

Many countries require a Permission to Travel letter from both parents (I do not know if India is one that does).

Many airlines and cruise lines will not permit you to board an international flight with your children without permission of both parents or other documents (perhaps a court order).