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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11959
Experience:  JD, MBA
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If some one goes to india with a minor even though there is

Customer Question

if some one goes to india with a minor even though there is joint custodywhat measures can i take to bring him back,
Submitted: 7 months ago.
Category: Legal
Expert:  TJ, Esq. replied 7 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Is there a court order which prohibits the person from taking the minor out of the country?

Customer: replied 7 months ago.
on a permanent basis yes but he can go temporarily and can come back like hes been doing
Customer: replied 7 months ago.
but if he decides to stay there what measures can i take bcos india does not follow hague convention
Expert:  TJ, Esq. replied 7 months ago.

Hi again.

If he doesn't return with the minor, then you should contact the Department of State’s Office of Children’s Issues by phone at(###) ###-####or by e-mail at***@******.***.

You should also contact your local police and the FBI so that they are aware of what's happened. This would be considered a child abduction. However, it is likely the State Department who will be of the most help since they can reach out to the authorities in India to request assistance.

I truly hope this does happen, and so my prayers are with you.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 7 months ago.
indian govt doesnt comply with american laws it doesnt follow the hague convention?
Expert:  TJ, Esq. replied 7 months ago.

Hi again.

Just because India has not adopted the Hague Convention, that doesn't mean that India automatically refuses to cooperate at all.

Customer: replied 7 months ago.
ys they usually dont assist in returning the child
Expert:  TJ, Esq. replied 7 months ago.
Hi again.It could be that is usually the case. However, it is certainly not always the case. More importantly, it is really the only option you have at this point.I'm sorry for that bad news, but it is the truth. Please let me know if you have any other legal questions. Thank you. I truly wish you the best.
Customer: replied 7 months ago.
how can i contact the state for help?
Expert:  TJ, Esq. replied 7 months ago.

You should contact the Department of State’s Office of Children’s Issues by phone at(###) ###-####or by e-mail at***@******.***

Customer: replied 7 months ago.
ow much time does the judge ususally take to handle international hague convention cases of relocation isit 6 weeks or is it determined in one hearing?
Expert:  TJ, Esq. replied 7 months ago.

Hi again.

The answer as to how long depends on the country that is handling the matter. I don't know how long India takes in these matters.

Customer: replied 7 months ago.
the case is in usa
Expert:  TJ, Esq. replied 7 months ago.

Well, now I'm a bit confused because I thought the issue was your child being taken to India.

In any event, the answer is really the same. It depends on the specific court that is handling the case. Each court is different, and in fact, each case is different so far as time is concerned. I'm sorry, but I'd just be guessing as to how long the case will take.

Expert:  TJ, Esq. replied 7 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

Customer: replied 7 months ago.
if i have a notarised note from him saying hell come back will it help to enforce his coming back
Expert:  TJ, Esq. replied 7 months ago.

Hi again.

Unfortunately, that depends on the law in India, which I know nothing about. One would think that if that note were presented to a judge in India, he would see that your ex has tricked you, and the judge would be sympathetic. But I'm just guessing.

Please remember to provide positive feedback via the stars. Thank you.