Divorce and children across borders
Divorce with an Indian connection, custody and international child abduction.
If you married in India and live in the Netherlands, a Dutch court can usually grant the divorce. Whether that decision is also recognised in India depends, among other things, on the ground for divorce and on whether both partners took part in the proceedings. Get advice from a lawyer who knows both legal systems before you sign anything.
Taking a child abroad without the other parent's consent can amount to child abduction. India is not a party to the Hague Child Abduction Convention, which makes the return of a child from India legally difficult. If you are worried, contact the Dutch Centre for International Child Abduction straight away; its advice is free and confidential.
Useful links
- Centrum Internationale Kinderontvoering kinderontvoering.org
Advice on (threatened) child abduction. - De Rechtspraak rechtspraak.nl
Divorce through the Dutch courts (in Dutch). - Juridisch Loket juridischloket.nl
Free initial legal advice (in Dutch).