Legal Question in Family Law in India

Re: Indian custody order same as US order

The US Court must be of a particular state. That state has statutes regarding custody orders, and what those orders must contain.

All states, as part of the US, are subject to the Hague Convention rules regarding kidnapping prevention. This comes into play when parents want to take their children out of the US, so as to avoid sanctioning removing the child from beyond the reach of the non custodial parent.

A state court can require a person subject to its jurisdiction to follow its orders or face contempt. I'd venture that the state court can require the custodial parent, leaving the US with a child, to remain in compliance with its orders even while out of the US.

But what you are describing doesn't make sense.

What you need is a consultation with an attorney licensed in the State that issued this order who practices family law and understands the Hague convention protocol. Sorry I can't offer more help than that.

Elizabeth Powell

Re: Indian custody order same as US order

If that is what is required by the US court, it should not be difficult to obtain a custody order from the Indian Court. This can be done even without your presence, for the time being, in India. The application etc can be done by the Indian Advocate duly authorised by you.

Re: Indian custody order same as US order

she can make an application to the court in India for appropriate orders.

Re: Indian custody order same as US order

Your question is something which doesnt make any sense to me. Its better you consult an attorney from the State you require and who exclusively practises in family law and have a deep knowledge of hague convention or let me know some more facts that which state the case belongs to.

Thank You.

Re: Indian custody order same as US order

Your query is vague and necessary details are missing.In case of need contact with details.Professional charges are applicable.

Re: Indian custody order same as US order

Your question is not clear enough. US Court's order will not be automatically accepted by an Indian Court. Without further information it is not possible to answer your question. It is best you consult a lawyer in US, in the same state where previous order was made, and talk though an attorney with an Indian Lawyer of your choice.