Our children are our only hope for the future and we are duty bound to provide them hope for their present and for their future, I request the Indian Government to take the issue of parental abduction seriously and take the following steps immediately and concurrently:
A) Treat issues relating to parental child abduction with urgency and resolve expeditiously in Judiciary
- When children are used as PAWNS in marital disputes, SEPARATE custody issue from other matters, give it PRECEDENCE over other matters, and FAST TRACK it – maximum 6 MOS. to resolution
- Apply COMMONSENSE principles to define JURISDICTION based on “habitual and natural residence” and prevent FORUM SHOPPING
B) Ensure Judiciary Prevents Child Abuse and Maintains Contact
- At FIRST hearing pass orders to ensure that child maintains CONTACT with left behind PARENTS and GRANDPARENTS
- ENFORCE orders and PREVENT ABUSE by assigning licensed child psychologist and counselor to case and order BI-WEEKLY welfare visits and MANDATORY child counseling
C) Safeguard Child Rights
- NCPCR should set up a SPECIAL INDEPENDENT COMMISSION immediately to investigate the VIOLATION of children’s rights under UNCRC in cases of parental child abduction
- Submit REPORT & RECOMMENDATIONS within the next 6 MOS.
D) Make Parental Abduction a Crime
- Parental abduction is a heinous CRIME and is tantamount to CHILD ABUSE of the worst kind
- DETER abductions by treating it as a cognizable, non-bailable, non-compoundable CRIME
E) Sign the Hague Convention
- Ensure prompt RETURN of children wrongfully removed to and retained in India
- Ensure that rights of custody and of access under the LAW of NRI’s country are RESPECTED in India
NATIONAL CONFERENCE ON LEGAL AND JUDICIAL REFORMS IN INDIA
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