{"id":33427,"date":"2018-10-30T12:16:29","date_gmt":"2018-10-30T06:46:29","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=33427"},"modified":"2018-10-30T12:16:29","modified_gmt":"2018-10-30T06:46:29","slug":"courts-can-turn-down-child-repatriation-says-supreme-court","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/courts-can-turn-down-child-repatriation-says-supreme-court\/","title":{"rendered":"Courts can turn down child repatriation, says Supreme Court\u00a0"},"content":{"rendered":"<p><a href=\"http:\/\/blog.forumias.com\/must-read-news-articles-december-7\/v\"><strong>Courts can turn down child repatriation, says Supreme Court<\/strong><\/a><strong>\u00a0<\/strong><\/p>\n<p><strong>Context <\/strong><\/p>\n<p>For welfare of the child, Indian courts can deny repatriation of children involved in cross-border parental abduction, says the Supreme Court<\/p>\n<p><strong>What has happened?<\/strong><\/p>\n<p>A Supreme Court judgment delivered accords courts in India unlimited discretion to determine which parent should have the custody of minor\u00a0children\u00a0involved in international parental child abduction<\/p>\n<p><strong>What does the verdict say?<\/strong><\/p>\n<ul>\n<li>The verdict holds that Indian courts can decline the relief of repatriation of a child to the parent living abroad even if a foreign court, located in the country from where the child was removed, has already passed orders for the child&#8217;s repatriation<\/li>\n<li>The\u00a0welfare\u00a0of the child was the \u201cparamount and predominant\u201d consideration when such a case came up before a court here<\/li>\n<li>The welfare of the child came first over the repatriation order of the foreign court as India was not a signatory to the Hague Convention of \u201cThe Civil Aspects of International Child Abduction\u201d<\/li>\n<\/ul>\n<p><strong>Ground for refusing repatriation<\/strong><\/p>\n<p>A court, regardless of the repatriation order of the foreign court concerned, can refuse repatriation to the parent settled abroad,<\/p>\n<ul>\n<li>If it is \u201csatisfied that the child is already settled in its \u201cnew environment\u201d in India or<\/li>\n<li>If repatriation would expose the child to physical harm, or<\/li>\n<li>If the child would be placed in an \u201cintolerable or unbearable situation\u201d back with the parent settled abroad, and finally<\/li>\n<li>If the child, on attaining maturity, objects to going back<\/li>\n<\/ul>\n<p><strong>The case<\/strong><\/p>\n<p>The judgment came in a case where the father took the younger of the two sons from his wife\u2019s custody in the United States and came to India. The mother\u2019s version was that he had taken the boy on the pretext of visiting the neighbourhood mall<\/p>\n<ul>\n<li><strong>Verdict by US Court<\/strong>: A U.S. Court upheld her lawful custody and ordered the man to return his son to his wife<\/li>\n<li><strong>Verdict by SC<\/strong>: The\u00a0Supreme Court\u00a0concluded that the boy, who is five-and-a-half years old, has settled in India, studying in a reputed school here and enjoys his extended family. The apex court allowed the father to retain his son in India, while noting that the parents are frequently in touch over e-mail. Uprooting the boy from his present situation may be counter-productive<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>Courts can turn down child repatriation, says Supreme Court\u00a0 Context For welfare of the child, Indian courts can deny repatriation of children involved in cross-border parental abduction, says the Supreme Court What has happened? A Supreme Court judgment delivered accords courts in India unlimited discretion to determine which parent should have the custody of minor\u00a0children\u00a0involved&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/courts-can-turn-down-child-repatriation-says-supreme-court\/\">Continue reading <span class=\"screen-reader-text\">Courts can turn down child repatriation, says Supreme Court\u00a0<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[555],"tags":[],"class_list":["post-33427","post","type-post","status-publish","format-standard","hentry","category-test-1","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704870021},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/33427","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=33427"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/33427\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=33427"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=33427"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=33427"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}