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.
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