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India's Noncompliance - International Child Abduction - U.S. July 2018 Action Report

Posted by Jeremy Morley | Oct 03, 2018 | 0 Comments

Country Summary:

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India is not a party to the Convention and does not adhere to any protocols with respect to international parental child abduction. In 2017, India demonstrated a pattern of noncompliance. Specifically, the competent authorities in India persistently failed to work with the Department to resolve abduction cases. As a result of this failure, 90 percent (44 cases involving 50 children) of requests for the return of abducted children remained unresolved for more than 12 months. On average, these cases were unresolved for one year and ten months. India has been cited as noncompliant since 2014.

Report of Actions Taken: 

Throughout the year, officials at the highest levels of the Department engaged with the Government of India on the issue of international parental child abduction. Several senior Department officials pressed India to assist with resolving abduction cases and to accede to the Convention.

In January 2018, U.S. Embassy New Delhi and the Department hosted a digital video conference between a U.S. Hague Network Judge and an Indian committee reviewing draft legislation to address IPCA. The discussion addressed common concerns and misconceptions about IPCA and the Convention.

In February 2018, the Special Advisor for Children's Issues traveled to India to meet with government officials, legal experts, and members of India's civil society to address common concerns regarding IPCA and the Convention. The Special Advisor pressed the Indian government to assist with resolving abductions and to accede to the Convention.

Upon release of the 2018 Annual Report, U.S. Embassy New Delhi delivered a demarche notifying the Indian government that the Department had cited India in the 2018 Annual Report as demonstrating a pattern of noncompliance and once again requested India's assistance with resolving reported cases.

About the Author

Jeremy Morley

Jeremy D. Morley was admitted to the New York Bar in 1975 and concentrates on international family law. His firm works with clients around the world from its New York office, with a global network of local counsel. Mr. Morley is the author of "International Family Law Practice,...

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