Recently our world has become very small with the developments in technology and development. It has become very close in spite of it being huge and in thousands of kilometres of land and water. Travelling between countries and continents have become very easy and simple. It has become very simple for people to transfer and shift to another country with their families and for purpose of work and living. With the growth in opportunities around the world the risks have also increased. Cross – border changes, globalization and other changes show positive impacts yet it brings new dangers and problems. Statistics show how twenty – five million Indians have become Non – residents of India as they have shifted to various countries around the world. They tend to shift as a whole with their families and children. When they shift as such it becomes a question as to what laws and jurisdictions they come under for various legal disputes. Child custody is one such issue which is complicated for NRI’s around the world. To understand the child custody for an NRI better one will have to consult the best child custody lawyer in India. Adv. Bindu Dubey is one of the finest NRI child custody lawyers in Mumbai. She has analysed various NRI cases and is well learnt and can deliver what the client wants with respect to child custody. She will also handle the paper work in spite of the client staying in a foreign country.
The Indian Legal system aims to be updated all the time with the current trends and developments as India is a developing nation. Overseas child custody cases will be looked into by the federal and state government. However, the question as to which jurisdiction will take up the case comes up. The main objective in a child custody is the welfare of the child and the case will be decided accordingly. Child custody in simple terms is the legal obligation between parents to raise and care for their child after separating ways. The three types of custody include Physical, Joint and Legal custody.
Child custody issues that occur overseas for an NRI is very complicated. Each and every country have their own rules and regulations. It has been recorded that many NRI child custody cases have come up in Indian courts the main question is as how to determine the jurisdiction. To determine this the UNIFORM CHILD JURISDICTION AND ENFORCEMENT ACT has been referred to. This was enacted to solve child custody disputes and give jurisdictional powers to the home state of the children. Many a times the custody of children will be decided with respect to international conventions. Section 3 of the Hague Convention of 1980 lays the provisions for the illegal taking of child custody. However, India is not a party to this convention so they cannot use this rule or anything from this Act. If any child has been taken by the parent illegally against the custody, then they will be held liable under Article 226 of the Indian constitution read with Article 32.
The Indian courts have also stated that they will not interfere with the laws and rules with respect to child custody of any nation. Many a times Non resident of India mothers will want to shift to India and get the legal custody of the child after separation. The supreme court on this issue stated that the Indian courts will not have the power or authority to maintain and settle the disputes of Non – resident of India couples whose cases are pending in foreign courts. A Non – resident of India mother brought her child from United Kingdom to seek custody in India the Supreme court and High court both held that she takes the child back to the British courts and settle the disputes there and that the Indian courts will not entertain this or have power of overriding the British courts.
It can be seen with the cases and scenarios that India still does not have a separate law or provision for the child custody disputes of Non – residents. This is still in the starting stages in our nation. The judiciary is dealing with such issues diligently yet however a separate law must be enacted for better and easy understanding. India can also try to sign the Hague convention which will make the overseas child dispute a little less complicated as this convention covers all foreign nations and keeps a common law for the whole world (nations which has signed the convention.) To understand the concept of child custody for NRI it is advised to consult the best child custody lawyer. Adv. Bindu Dubey is a very well learnt lawyer in the field of child custody. She will be able to aid the clients even if they are at overseas nations and want to contest in India. She can guide them with the best choice available.