Legal Question in Family Law in New Jersey

India recently became a signatory to the Hague Convention, a treaty among a large number of nations which requires the signatories to recognize the child custody claims of parents from other countries in the courts of the nations. You can get your divorce here and enforce it in India.

Additionally, there are criminal laws in New Jersey which prohibit removing a child from New Jersey on a permanent basis without the other parent' consent or an authorizing court order. You could have a criminal warrant issued for his arrest and potentially acted on in India.

I have taken a look, and the US State Department website says that India is NOT a party to the child abduction provisions of the Hague Convention.

http://travel.state.gov/family/abduction/country/country_4441.html

However, I am not certain.

You can get a divorce in New Jersey, seek a court order for custody of your child, and pursue this.

This is a horrible situation. I would like to help you with the New Jersey part of it, and help you to organize your efforts in India.

Give me a call if you would like to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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