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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my wife took our son to india and refusing to come back from

Resolved Question:

my wife took our son to india and refusing to come back from there, how can i get custody of my child, he goes to school here and all of us are british-Indian citizens.


 


Timeline: I came to UK in 2001 and been working here since. I got my British citizenship in due course. I married Indian girl arranged by my parents in India and she came over to UK in 2007 and we have 5 yr old son. Both of them have british passports and all of us have Overseas Citizenship Of India(OCI).


She has argued with me 2 days ago and threatened suicide and went off to india with my son. He is in reception year in local school here.


I dont know what to do? she did post in Facebook on the day of departure from UK, THAT ME AND MY PARENTS WOULD BE RESPONSIBLE IF SHE DIES/COMMITS SUICIDE, after she got on the flight she managed to delete it.


 


Q1) Is it possible to apply for custody of son from here, as he is going to miss his school? and also I want to apply for his residence order


Q 2) Marriage happened in India but can divorce / seperation happen here? or do we have to do this in India.


Q 3) Can she actually stay in India with my son forever?


Q 4) Can she cancel my son's British passport without my consent?


Q 5) Can I ask British embassy, India to intervene to get my son back to UK?


Q 6) She took my son even though the school authorities rejected her request for leave after half-term holidays?  


 


Please advice, I am professional medical doctor with good standing in the soceity.


many thanks


 

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
You are in a difficult position as India ha snot signed up to the Hague Convention on Abducted Children which makes it more difficult to recover your son and have him returned back to the UK
You should contact this Charity
www.reunite.org
You can also find more information here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/147839/Child_Abduction_India.pdf
You can certainly issue Divorce Proceedings here in the Uk if you wish to do so
I hope that this is of assistance -please ask if you need further details
Clare
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