Can husband take an action if I got my kids from US to India?
06-Jan-2023 (In International Law Law)
When I was in USA with my husband, we had applied for divorce and custody of our children- a boy and a girl. Both are minors. The case is still on and not concluded in US Court. When my husband was in travel I managed to bring my children back to Bangalore, India. I do not wish to part with my children. My husband may approach the court at Bangalore for custody of children.
Please let me know how in case he moves court how the court will view about custody.
In US Courts, they may not go by the necessity of the children being with the mother till they come of age. They also may not attach importance to the emotional status of yours and may pass orders favouring your husband. But, even if he comes with such favourable order, he needs to approach court in Bangalore for execution of decree of US court. You can substantiate the need of the children to be with mother and seek order favouring you not to consider the decree of US court. Also insist that children should not be separated from each other.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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