I got a question for you guys,

I have a friend who is married to this girl from overseas (India) ,anyways a few weeks ago they got into a fight and he has been staying at my house for a few days now,and his wife has been calling and telling him that she is taking there two kids with her to India,her father is a rich guy and thinks money can fix everything,so he is telling my friend that he can take the kids because he has money (WTF ? We were laughing when we heard that,he had it on speakerphone) anyways we got to talking and wouldnt it be considerd Kidnapping if the mother takes the kids overseas to another country without permission from the father ? Also if they try to board a plane what kind of information will the airport need in order for the kids to get on the flight ? (There 2 & 3 i belive)

If the kids were born in the US they can't leave without the consent of the parent who is a US citizen. If this is leading towards a divorce, your friend better inform the authorities because this could be considered kidnapping.

Well i dun think itd be kidnapping because they are with the parents..

I'm with Darren here.

Whatever the case, the mother is still their parent. How can a parent kidnam his/her own child?

He needs to contact a lawyer to really find out. It's worth the $100.00 that it might cost to find out for real.

Granted I am not a lawyer, but I am pretty sure I have seen something in the past where the other parent would have to give consent for her to take the kids to India or have some kind of court approval.

I'm not an attorney either, althoug I play one on T.V., but I have traveled with my boys in and out of the country, and sometimes without them and I have never been asked for a permission slip from anyone to do so. They are my kids and it's no ones business.

From my travel experience I would say it would be very easy for the mother to take the children out of the country. I'm not saying if it would be legal or not, I'm just saying it wouldn't be difficult to do.

Once she is out of the country it is very hard to get the children back. The laws of her country would prevail.

It can depend..

If the mother is the legal guardian.. She can legally take them to India.. From there it would be in Idian jurisdiction.. And there isn't really anything your friend can do I beleive..

This is all considering that she is the legal mother to the children in question.. Your best bet would be to consult an attorney and the police though..

Originally posted by The Prohacker
It can depend..

If the mother is the legal guardian.. She can legally take them to India.. From there it would be in Idian jurisdiction.. And there isn't really anything your friend can do I beleive..

This is all considering that she is the legal mother to the children in question.. Your best bet would be to consult an attorney and the police though..


Neither parent can legally take the children out of the country of birth, without the other parents' consent, if they have no intention of returning with them.
This, by law, is kidnapping regardless of the relationship to the children.

That being said, your friend should watch his children very closely, because this kind of kidnapping occurs all of the time and it's very difficult to have the children returned when they are in another country's juristiction.

In March, my wife and our 9 year old daughter went to Jamaica for vacation. I was advised to get a notarized letter for my wife to take along with her. It basically was to say that I as a parent consent to her taking our daughter out of the country.

Mind you, she was never asked for the letter while on the trip. But if your friend thinks that his wife might try to take off with the kids, I'd suggest filing a report with the police. I would think that given the situation, they would "redflag" their names, so that if they tried to board a plane, they would be spotted at airport check-in. And without a letter of consent from the father, they would not be able to leave.

Vito

First, your friend has already made a very large mistake by moving out. He should never have done so prior to engaging an attorney. By so doing, he may be accused of deserting the family. The person who leaves generally is disadvantaged. Every state has different laws in this regard.

That said, the mother cannot legally remove the children from this country, but if she does so illegally he would have a very difficult time getting them back. Again, consult with an attorney.

One more time....he needs to engage an attorney immediately, if not sooner.

Mind you, she was never asked for the letter while on the trip. But if your friend thinks that his wife might try to take off with the kids, I'd suggest filing a report with the police. I would think that given the situation, they would "redflag" their names, so that if they tried to board a plane, they would be spotted at airport check-in. And without a letter of consent from the father, they would not be able to leave.

This is my point. When I traveled with my kids no one ever asked me for any proof that I could do so. Not once in 18 years of traveling with them. Went to Jamaica, Costa Rica, Bahamas, and Mexico withthem. Some places several times. Just needed a passport.

First, your friend has already made a very large mistake by moving out. He should never have done so prior to engaging an attorney. By so doing, he may be accused of deserting the family. The person who leaves generally is disadvantaged. Every state has different laws in this regard.

I just went through a divorce and this is correct. I spoke to 3 attorneys befor hiring one and everyone told me "Do not move out of the house!!!" In California it must be important to stay in the house. By the way, it was a long three months in the house.:angry:

Edit: GET AN ATTORNEY RIGHT AWAY!

Even though it would be illegal to take them out of the country, it really wouldn't be hard, especially if they have passports.
Getting the kids back could prove to be very difficult if not impossible, since once they're in India U.S. laws don't apply.

In legal lingo its knows as Parental Kidnapping. If they have an Indian Passport then any minor above 12 years is eligible to have an individual passport. [With the mugshot and child's signature etc] and can also travel alone; ofcourse with consent of the legal guardian.

As far as child custody is concerned there is no such thing as taking refuge outside of jurisdiction. All countries come under an international law which makes it impossible for anyone with a minor to seek shelter from jurisdictional borders. Meaning....anyone can be deported back to any place by any court dealing with child custody or any appropriate authority.

In Indian laws the father and mother have equal status as natural parents but the father cannot appoint anyone as guardian as long as the mother is alive and is able to care for the child. [Not having enough money, leg is amputated, uneducated etc do not imply the parent is unfit to care for the child. One has to be totally bankrupt or declared as insane etc.]


And lastly no person [including mother or father ] has absolute rights over a child. This is true of child custody laws in all countries. The welfare of the child is of paramount importance and not any person's legal rights over the child.

What your friend needs to do is get an advocate to file for a Habeas Petition for the court to summon the mother to bring the children to the court. He will also have to file for a temporary restraining order preventing the mother from taking the child outside of the jurisdiction. Most family courts wont give a divorce at once.....they will try for a reconcilliation.....can go on for six months and more with visiting rights...and more fights.

And tell him its not worth fighting for.....everyone will suffer...mostly the kids.....believe me....I am fighting a case for my orphaned niece for more than a year.....and the next hearing is next Thursday....sure to go on for a few more years.

[We got a saying in our local language which is very apt: The one who loses a legal battle is dead by the time the case is over. The one who wins will become a loser. And the lawyer is the winner]

if the children are ALSO on the indian passport, she might as well try to leave with using only that passport.