Legal Question in Family Law in India
Hi, I am a Indian Christian lady residing in Canada. I was married to a Canadian Indian in India and we have twin girls. We have been living seperately for the past 6 years and am currently trying to get a divorce. My girls have resided with my parents in India since they were 4months old. They are 8 yrs old now. My children are Canadian. Can my parents in India request for custody of the children and will they be granted it?
More Info:
1. I tried to apply for custody of the children in Canada but the court here says that since the children are not residing in Canada they cannot make a decision. The children's Canadian passports expired a year after they were in India. My ex is not willing to sign the documents for renewing the passports.
2. I have applied for an order from the courts here to dispense away with the father's signature so that I can apply for their passports.
He has not seen the kids in all this time and has never expressed any interest in them. He has not provided for them financially either.
I want my parents to get the custody so they can make their decisions in my children's lives and travel without any encumbrances.
1 Answer from Attorneys
Canadian court is right in holding that the custody issues cannot be decided as the children are not residing there. as advised earlier, your parents may go for a petition for guardianship before the District Judge.
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