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International Journal of
Law
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VOL. 11, ISSUE 7 (2025)
Custody battles of international nature in India: Jurisdictional complexities and enforcement challenges
Authors
Shreyansh
Abstract

The present paper looks at custody battles of an international nature in India, where one parent lives in another country with the child and the other parent seeks custody through Indian courts after being granted legal approval. The paper starts with an introduction and recent data on cross-border child custody disputes, followed by clear definitions of child custody and its types. It then reviews the historical background and explains the legislative framework used to address these matters. The paper carefully studies recent judicial decisions in India that highlight the key difficulties faced in international custody cases, stressing the child’s welfare over strict legal technicalities and jurisdictional problems. A comparison follows, showing how other countries that have signed the Hague Convention on the Civil Aspects of International Child Abduction handle such disputes. These countries use clear, fast legal processes and strong cooperation between governments, ensuring prompt case resolution and enforcement of custody orders. Their experience points to the importance of having official bodies like Central Authorities and well-defined laws, which help reduce conflicts and delays in custody disputes.

The paper also lists major challenges in India’s current approach, such as inconsistent enforcement of foreign custody orders, long court cases due to unclear jurisdiction, diplomatic difficulties and travel restrictions. These problems often leave children in an uncertain situation, affecting their well-being. Based on this, the conclusion highlights India’s judicial focus on child welfare but also notes the urgent need for clearer laws and international cooperation to protect both children and parental rights effectively. The recommendations suggest India should join the Hague Convention, create a central body for international custody cases, adopt clear laws on enforcement and shared parenting and improve judicial training. Such steps would help solve disputes faster, respect parents’ rights regardless of where they live and most importantly, protect the best interests of children involved in these complex international custody conflicts. Lessons for India from other countries show the value of balanced legal systems combined with child welfare principles, better coordination among parents and nations and effective support for children caught in cross-border family disputes.
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Pages:123-129
How to cite this article:
Shreyansh "Custody battles of international nature in India: Jurisdictional complexities and enforcement challenges". International Journal of Law, Vol 11, Issue 7, 2025, Pages 123-129
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