International Parental Child Abduction in United States of America and India
Anisa Shaikh1, Jayashree Khandare2
1Anisa Shaikh, Asst. Prof. Bharati Vidyapeeth Deemed University, New Law College, Pune (Maharashtra), India.
2Jayashree Khandare, Asst. Prof. Bharati Vidyapeeth Deemed University, New Law College, Pune (Maharashtra), India.
Manuscript received on 02 September 2019 | Revised Manuscript received on 12 September 2019 | Manuscript Published on 23 September 2019 | PP: 1420-1422 | Volume-8 Issue-5C, May 2019 | Retrieval Number: E12020585C19/19©BEIESP | DOI: 10.35940/ijeat.E1202.0585C19
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Abstract: Intentional community concerns the issue of child parental abduction through its conventions. Total 100 countries across the world have recognized the Hague abduction convention in 2019. India is not a part of Hague Abduction Convention although Indian judiciary applying domestic personal laws and best interest principle in wrongful removal dispute in custody cases. This article gives analytical and explorative view on the issue of child abduction by parents from their habitual residence. Child abduction involves where one parent unilaterally takes the child back to his or her country in disturbed marital relationship. This article examines legal issue and problems in international parental child abduction and also throws light on International Abduction Bill. The Bill has been studied critically and analytically to suggest the recommendation. This article attempts to explain the existing statutory and judicial laws in India regarding parental abduction.
Keywords: Hague Convention, Parental Abduction, Child Custody, Habitual Residence, Best Interest of Child, Wrongful Removal, Habeas Corpus.
Scope of the Article: Social Sciences