In this judgment about abducted by parent/missing child brought from US to India, the SC has directed CBI to trace the child and produce before court in habeas corpus petition. Full judgment is available here.Relevant excerpt from judgment where SC comes to decision to direct CBI to trace the child. This is a good judgment against parents who abduct children from US to India and try to hide behind the slow (or maybe dysfunctional) justice system in India.13. From the narration of aforesaid facts, it is abundantly clear that despite efforts made by police officers and officials of different States such as Senior Superintendent of Police, Agra , Senior Superintendent of Police, U.T. of Chandigarh , Director General of Police, Tamilnadu, Director General of Police, Karnataka and … [Read more...] about SC directs CBI to trace missing/abducted child

1. Guardians and Wards Act, 1890: GWA 18902. Hindu Minority and Guardianship Act, 1956: HMGA 1956 … [Read more...] about Bare Acts relating to child custody, guardianship, visitation etc

Finally a favourable judgment to law abiding NRIs having children. A Delhi HC has ordered a child with UK passport to be produced before UK courts as ordered by UK court. The mother's plea that it is not in best interest of child did not hold water with high court. The high court has said that since child was brought to India with father's consent and understanding to return to UK, that must be done to begin with.Child with foreign passport cannot overstay in India … [Read more...] about Favourable HC judgment relating to children and NRIs

Below Delhi HC judgment lays down following important points in determining child custody and visitation rights:http://mynation.net/docs/276-2003/Excerpts from judgment in italics followed by my understanding and comments:It has been noticed that the Guardian Judge does not follow a uniform practice in this regard in that sometimes the parent who does not have the custody of the child is granted a meeting of a duration of one or two hours in a month, that too in the uncomfortable and uncongenial environment of the Court, while in other cases weekly visitation or access for several hours is ordered.From above it is clear that there is no uniformity on orders regarding visitation rights. It can vary from 1 hour per month to 1 hour per week.It must also be highlighted that orders of this … [Read more...] about Visitation rights – 1