Cross-Border Child Abduction Disputes And Legal Framework In India: A Comprehensive Analysis

Jaya Abirami V, Symbiosis Law School Pune

Research Objective

This study aims to provide a detailed examination of the causes that have hindered India's ratification of the Hague Convention on the Civil Aspects of International Child Abduction, which serves as the global benchmark for handling child custody matters involving foreign jurisdictions. The study's goal is to examine India's stance and the benefits and drawbacks of joining the Convention. This research also hopes to provide information on how the Convention might alter the present legal procedure for resolving foreign custody concerns in India.

Research Question

1. How does India's current approach to cross-border custody disputes, governed by domestic laws, compare to the principles outlined in the Hague Convention?

2. How could India's participation in the Hague Convention impact its standing in the global legal landscape, and what potential legal advantages might it offer?

Introduction

Contemporary concerns in family law sometimes transcend national borders, testing the mettle of legal systems across the world1. Cross-border custody disputes, in which parents or guardians from different countries fight over who will have physical custody of a child, present a significant obstacle that must be overcome. In circumstances of this nature, There is often a clash between the primary interests of the child and the concepts of justice.