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NRI Child Custody

NRI Child Custody — Key Scenarios

Scenario Legal Approach
NRI parent wants custody of child in India File custody petition in Indian family court. Advocate represents the NRI parent at all hearings.
Child taken abroad by spouse without consent Habeas corpus petition, request to bar the child’s passport, and Hague Convention application if the country is a signatory.
Child taken to India from abroad without consent Petition before the Delhi High Court for the child’s return. Urgent hearing may be possible depending on facts.
NRI parent denied visitation by India-resident spouse Application for visitation rights in family court. Contempt petition if an existing order is violated.
Custody order in India — NRI wants to take child abroad Application seeking court permission for relocation of the child; approval is mandatory.

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