Canadian citizen kids overseas - stuck in limbo

[warhound]

Hello,

I wish no one the hell I am going through. My wife and I ( Indian citizens but PR holders) took our Canadian born citizens ( and passport holders) to India for vacation to see their ailing maternal parents.

our relationship was never really cordial to begin with and on this trip has taken it for the worse.

my wife does not want to return - and wishes to hold the canadian kids with her indefinitely to a point of messing with their schooling and causing them psychological harm just to damage me.

the kids are currently with me and we have return tickets on a certain date. I fear if the wife does not show up at the airport - could someone please help with following scenerios ( please be well versed with Indian law as well as Canadian )

1) if I turn up at airport without the other parent, can Indian immigration stop me from travelling for not having spouses consent - even though the children ( minors) are Canadian citizens

2) can she restrict the kids travel plans by calling immigration and declaring me a flight risk / case of abduction . Pls note I have Indian passport and the kids are Canadian so not sure if it falls under jurisdiction of Indian authorities

P.s. please note : I am not abducting my kids and/or a flight risk. Quite frankly there is nowhere I can run - I just want to return to our place of residence and resume our normal life.

 

[canuck78]

Hello,

I wish no one the hell I am going through. My wife and I ( Indian citizens but PR holders) took our Canadian born citizens ( and passport holders) to India for vacation to see their ailing maternal parents.

our relationship was never really cordial to begin with and on this trip has taken it for the worse.

my wife does not want to return - and wishes to hold the canadian kids with her indefinitely to a point of messing with their schooling and causing them psychological harm just to damage me.

the kids are currently with me and we have return tickets on a certain date. I fear if the wife does not show up at the airport - could someone please help with following scenerios ( please be well versed with Indian law as well as Canadian )

1) if I turn up at airport without the other parent, can Indian immigration stop me from travelling for not having spouses consent - even though the children ( minors) are Canadian citizens

2) can she restrict the kids travel plans by calling immigration and declaring me a flight risk / case of abduction . Pls note I have Indian passport and the kids are Canadian so not sure if it falls under jurisdiction of Indian authorities

P.s. please note : I am not abducting my kids and/or a flight risk. Quite frankly there is nowhere I can run - I just want to return to our place of residence and resume our normal life.

It is considered parental abduction if you take your children without the permission of the other parent if they still have custody rights of the children. You need permission of the other parent to travel with your children and could be denied travel by the airline for not having permission from the other spouse to travel. This is a family matter that needs to be resolved in family court in India if your spouse does not want the children to leave. The children being Canadian citizens has nothing to do with this since they are minors. This is a child custody and marriage issue. Would suggest speaking to a lawyer because if you leave with the children without the mother’s consent there could be significant consequences.

 

[scylla]

Hello,

I wish no one the hell I am going through. My wife and I ( Indian citizens but PR holders) took our Canadian born citizens ( and passport holders) to India for vacation to see their ailing maternal parents.

our relationship was never really cordial to begin with and on this trip has taken it for the worse.

my wife does not want to return - and wishes to hold the canadian kids with her indefinitely to a point of messing with their schooling and causing them psychological harm just to damage me.

the kids are currently with me and we have return tickets on a certain date. I fear if the wife does not show up at the airport - could someone please help with following scenerios ( please be well versed with Indian law as well as Canadian )

1) if I turn up at airport without the other parent, can Indian immigration stop me from travelling for not having spouses consent - even though the children ( minors) are Canadian citizens

2) can she restrict the kids travel plans by calling immigration and declaring me a flight risk / case of abduction . Pls note I have Indian passport and the kids are Canadian so not sure if it falls under jurisdiction of Indian authorities

P.s. please note : I am not abducting my kids and/or a flight risk. Quite frankly there is nowhere I can run - I just want to return to our place of residence and resume our normal life.

1) Yes, they can and should stop your children from traveling.
2) International abduction law prevents parents from taking children from one country to another without the other parent's consent. Since you both traveled to India together, no issues there. However if you now want to return to Canada with the children alone, your wife needs to provide her permission. This is not about Indian law. This is about international laws.

Taking the children to another country without the other parents permission is in fact classified as abduction per international law. So this is why by law, you should be stopped at the airport. You need to either obtain your wife's permission to have the children travel or you must obtain sole legaly custody of the children through the court system.

 

[Naturgrl]

It is abduction if your spouse doesn’t consent and you don’t have full custody of the children. This is not about them being Canadian but you abducting your children to a country that you are not even a citizen of. Canada and India follow the Hague Convention where if a child is taken from one member country to another then a parent can ask that the child is return. This has nothing to do with Indian or Canadian laws. So make a plan if you get to Canada to be arrested and charged if mother notified that kids were taken without her consent. Your children will be taken from you and could be put into the care of social services until the mother comes to get them.

 

[scylla]

Hello,

I wish no one the hell I am going through. My wife and I ( Indian citizens but PR holders) took our Canadian born citizens ( and passport holders) to India for vacation to see their ailing maternal parents.

our relationship was never really cordial to begin with and on this trip has taken it for the worse.

my wife does not want to return - and wishes to hold the canadian kids with her indefinitely to a point of messing with their schooling and causing them psychological harm just to damage me.

the kids are currently with me and we have return tickets on a certain date. I fear if the wife does not show up at the airport - could someone please help with following scenerios ( please be well versed with Indian law as well as Canadian )

1) if I turn up at airport without the other parent, can Indian immigration stop me from travelling for not having spouses consent - even though the children ( minors) are Canadian citizens

2) can she restrict the kids travel plans by calling immigration and declaring me a flight risk / case of abduction . Pls note I have Indian passport and the kids are Canadian so not sure if it falls under jurisdiction of Indian authorities

P.s. please note : I am not abducting my kids and/or a flight risk. Quite frankly there is nowhere I can run - I just want to return to our place of residence and resume our normal life.

To be 100% clear. Indian and Canadian laws are irrelevant You are dealing with international laws and what permission is required for minor children to travel.

If you really cannot convince your wife to give her approval, IMO your next step is an Indian lawyer who can help you to try to get full legal custody.

 

[warhound]

And what should happen - if the kids are in India beyond the validity of their visa ? Are they not automatically put in deportation proceedings ?

 

[canuck78]

And what should happen - if the kids are in India beyond the validity of their visa ? Are they not automatically put in deportation proceedings ?

Apply to extend their status. Most without status are rarely deported to begin with but even less likely as minor dependents of Indian citizens. This really needs to be resolved in India if your spouse is not willing to travel or give permission for the children to travel or else you could be charged with parental abduction.

 

[Naturgrl]

And what should happen - if the kids are in India beyond the validity of their visa ? Are they not automatically put in deportation proceedings ?

No. Just like Canada, you most likely extend their status to stay in Canada. They are not going to deport children whose parents are Indian. You and your spouse are not even Canadian