Legal Question in Family Law in California

A cousin of mine is planning to leave her husband leave for her mother country ( india) with her child who is baby boy he is 9 months old. So is it compulsory that father's consent is required? what if the father doen't give his permission and says he will keep the child but given that he is mostly busy with his work, moreover there's good relations between them and that's why she wants to run away from him.So what should she do under such circumstances and what can he do if she decides to go anyway? Please advice.


Asked on 9/28/10, 1:43 pm

2 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

The father should go to court and asked for an order preventing her from leaving the country with the baby.

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Answered on 10/04/10, 5:50 pm

She cannot take the child out of the country without the father's permission, period. If she tries, it will be a crime. If she manages to get the child out to India, however, it is my understanding that India is one of the few countries that will not comply with a U.S. order for return of a child in a parent kidnapping. She must ask permission of the U.S. courts to leave and take the child, and due to India's refusal to abide by international standards on this issue, that permission will most likely be denied. So unless she wants to risk jail and losing her child, she better come up with another plan, one that involves staying in the U.S. unless she can get the father's consent to leave with the child, or she wants to leave without the child.

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Answered on 10/06/10, 10:48 pm


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