Custody Issues
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What is Custody Issues?
A legal notice is a formal written communication between the partieDisputes relating to custody and visitation rights of the children arise in some NRI marriages that have lasted for sometime. In some cases, fathers forcibly take away the children abroad, while in others, mothers return with their children to India finding it difficult to live in a hostile foreign environment. In doing so, they might be violating custody and visitation orders granted by foreign courts. If custody orders have not been previously granted, then often the fathers procure them exparte in a foreign country in their own favor.s where the sender notifies the recipient about his intention of undertaking legal proceedings against the latter. It helps in making the recipient party aware of the grievances of the sender. It is considered to be a warning to the receiver to fulfill a certain condition if he does not want to take the matter to the court. It is a very timely and cost-effective tool for settling matters without any litigation procedure but rather through negotiation, mediation, or arbitration.
Deliverables
In a long line of decisions, the Supreme Court of India and the High Courts had upheld the welfare and best interests of the child to be the guiding principle in custody matters, even when they involved children who had been brought to India. Therefore, even if a foreign court had already decided the issue of custody, Indian courts took a re-look at the question through the angle of the best interests of the child if one of the parents filed for these proceedings in India. This came to the aid of mothers who had to flee a foreign country due to the hostile environment with their children. Courts considered it in the child’s best interest to grant custody to the mothers who were their primary caregivers.
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