International Parental Child Abduction India

 

 DISCLAIMER: The information in this flyer is provided for general information only, is not intended to be legal advice, and may change without notice. Questions involving interpretation of law should be addressed to an attorney licensed to practice in the relevant jurisdiction.

December 2012 

General Information:

For information concerning travel to India, including information about the location of the U.S. Embassy, the Smart Traveler Enrollment Program, entry/exit requirements, safety and security, crime, medical facilities and health information, traffic safety, road conditions and aviation safety, please see Country Specific Information for India.

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Hague Abduction Convention:

India is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention), nor are there any bilateral agreements in force between India and the United States concerning international parental child abduction.

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Return:

Legal systems and laws pertaining to custody, divorce, and parental abduction vary widely from country to country.  The government of India maintains information about custody, visitation, and family law on the Internet at the India Code Legislation Web site Parents are encouraged to consult with a local attorney who specializes in family law in India and who can provide accurate legal guidance that is specific to their circumstances. 

The Department of State’s Bureau of Consular Affairs, Directorate for Overseas Citizens Services, Office of Children’s Issues provides assistance in cases of international parental child abduction.  For U.S. citizen parents whose children have been wrongfully removed to or retained in countries that are not U.S. partners under the Hague Abduction Convention, the Office of Children’s Issues can provide information and resources about country-specific options for pursuing the return of or access to an abducted child.  The Office of Children’s Issues may also coordinate with appropriate foreign and U.S. government authorities about the welfare of abducted U.S. citizen children.  Parents are strongly encouraged to contact the Department of State for assistance.

Contact information:

United States Department of State
Bureau of Consular Affairs
Office of Children’s Issues
2201 C Street, N.W.
Washington, DC 20520
Telephone:  1-888-407-4747
Outside the United States or Canada: 1-202-501-4444
Fax:  202-736-9132
Website 
Email: AskCI@state.gov

Parental child abduction is not a crime in India.

Parents may wish to consult with an attorney in the United States and in the country to which the child has been removed or retained to learn more about how filing criminal charges may impact a custody case in the foreign court.  Please see Possible Solutions - Pressing Criminal Charges for more information. 

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Visitation/Access:

Legal systems and laws pertaining to custody, divorce, and parental abduction vary widely from country to country.  Parents are encouraged to consult with an attorney who specializes in family law in India and who can provide accurate legal guidance that is specific to their circumstances.

The Office of Children’s Issues may be able to assist parents seeking access to children who have been wrongfully removed from or retained outside the United States.  Parents who are seeking access to children who were not wrongfully removed from or retained outside the United States should contact the appropriate U.S. Embassy or Consulate in India for information and possible assistance.

Retaining an Attorney:

Neither the Office of Children’s Issues nor consular officials at the U.S. Embassy or Consulates in India are authorized to provide legal advice. 

The U.S. Embassy and Consulates in India posts a list of attorneys, including those who specialize in family law.  

This list is provided as a courtesy service only and does not constitute an endorsement of any individual attorney. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the persons or firms included in this list.  Professional credentials and areas of expertise are provided directly by the lawyers.

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Mediation:

Mediation may be available in different states in India as an alternative to litigation for couples interested in attempting to reach a voluntary agreement.

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Embassy Contact Information: 

The U.S. Embassy and Consulates in India can be contacted at: 

U.S. Embassy New Delhi
American Citizen Services Unit
U.S. Embassy
Shantipath
Chanakyapuri
New Delhi, India 110021
Telephone: 91-11-2419-8000
Fax: 91-11-2419-8407
E-mail: acsnd@state.gov
U.S. Embassy New Delhi Website

U.S. Consulate General Mumbai
American Citizen Services Unit
C-49, G-Block,
Bandra Kulra
Bandra East
Mumbai 400051
Telephone: 91-22-2672-4000
Fax:     91-(0)22-2672-4786   
E-mail: mumbaiacs@state.gov
U.S. Consulate General Mumbai Website 

U.S Consulate General Kolkata
5/1 Ho Chi Minh Sarani
700071
Telephone: 91-33-3984-2400
Fax: 91-33-2282-2335
E-mail: kolkataACS@state.gov
U.S. Consulate General Kolkata Website

U.S. Consulate General Chennai
220 Anna Salai
Gemini Circle, 600006
Telephone: 91-44-2857-4000
Fax: 91-44-2857-4443
E-mail: chennaics@state.gov
U.S. Consulate General Chennai Website

U.S. Consulate General Hyderabad
Paigah Palace
1-8-323 Chiran Fort Lane Begumpet 
Secunderabad
Andhra Pradesh, 500003
Telephone: 91-40-4033-8300
Fax: 91-40-4033-8301
E-mail: hydacs@state.gov 
U.S. Consulate General Hyderabad Website    

The Embassy of India is located in Washington, D.C. at:

2107 Massachusetts Avenue, NW
Washington, DC 20008
Telephone: (202) 939-7000
Fax: (202) 265-4351
Embassy of India in Washington, D.C. website