Clement Law Center - Federal Way Family Law Attorney
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Challenges after divorcing Indian citizens

On Behalf of | Jan 27, 2019 | Uncategorized

Divorces with Indian citizens can be exhausting. Dealing with two different sets of laws from nations halfway across the world takes time, consumes resources and puts a lot of stress on a family. 

Unfortunately, there could be complications even after a judge issues a divorce decision. There is plenty more to consider, especially with the custody of children.

A Great Distance

Visitation schedules can be especially difficult to organize. Even if an Indian ex does not want to return to Asia immediately, there’s a good chance that desire could develop in the future. With relocation to southern Asia, it could become prohibitively difficult to visit on a regular basis. 

A Lack of Cooperation

Another issue is the fact that India is still not signed on to the Hague convention. This international treaty regulates and attempts to prevent actions that could facilitate abduction. 

Even in Hague convention countries, getting a child back into the United States can be difficult. Without partnership under this treaty, there is virtually no established international framework under which parents can pursue custody.

A Federal Dilemma

Once a child is already in a foreign country, American parents may get little help from federal government. The embassy information page on the subject contains virtually no information. However, there are some steps available at the national level to reduce the risk of international abduction, such as requesting a ban on the issuance of a passport for the child. 

A Variety of Escape Routes

Travel documents issued in by the U.S. have the potential to give a child access to many parts of the world, even to countries that do not share treaties on abduction. However, even foreign passports could pose a problem when combined with the legitimate proof of American residency or citizenship required to exit the country.

Parents who have divorced foreign nationals may never fully escape the worry that their ex could whisk their child away to another country. However, with the correct preparation, it’s possible to reduce the practical risk of this happening.


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