Exploring Legal Standards and Judicial Interpretation of International Child Abduction in India
Presentation Type
Poster
Faculty Advisor
Thomas Loikith
Access Type
Event
Start Date
26-4-2024 11:15 AM
End Date
26-4-2024 12:15 PM
Description
In an era marked by increasing globalization, families are often dispersed across different countries, leading to a rise in international parental disputes, particularly regarding child custody. This has been a significant issue for India, which currently lacks comprehensive frameworks for resolving such disputes. These disputes present intricate legal challenges that demand a coordinated international approach due to the involvement of conflicting laws and legal systems. Parents facing such disputes in India are left with limited legal recourse, leading to prolonged legal battles and uncertainty regarding the welfare of the children involved. This is a complex problem requiring interdisciplinary research to arrive at a more comprehensive understanding of and possible resolutions of my research problem. I analyze the problem through the disciplines of law and psychology. I use qualitative research methodology and have analyzed court opinions and scholarly sources to find common ground between relevant disciplinary insights. I then seek to integrate such common insights to arrive at a more comprehensive understanding of and suggest possible resolutions to my research problem. I have not completed my research and analysis, however, I preliminarily conclude that India becoming a signatory to The Hague Convention would be beneficial. Joining the convention would provide India with a standardized legal framework for resolving international child abduction cases, ensuring consistency, fairness, and the protection of children's rights. Additionally, it would facilitate smoother cooperation with other signatory countries, reducing jurisdictional conflicts and enhancing the prompt and safe return of abducted children to their habitual country of residence.
Exploring Legal Standards and Judicial Interpretation of International Child Abduction in India
In an era marked by increasing globalization, families are often dispersed across different countries, leading to a rise in international parental disputes, particularly regarding child custody. This has been a significant issue for India, which currently lacks comprehensive frameworks for resolving such disputes. These disputes present intricate legal challenges that demand a coordinated international approach due to the involvement of conflicting laws and legal systems. Parents facing such disputes in India are left with limited legal recourse, leading to prolonged legal battles and uncertainty regarding the welfare of the children involved. This is a complex problem requiring interdisciplinary research to arrive at a more comprehensive understanding of and possible resolutions of my research problem. I analyze the problem through the disciplines of law and psychology. I use qualitative research methodology and have analyzed court opinions and scholarly sources to find common ground between relevant disciplinary insights. I then seek to integrate such common insights to arrive at a more comprehensive understanding of and suggest possible resolutions to my research problem. I have not completed my research and analysis, however, I preliminarily conclude that India becoming a signatory to The Hague Convention would be beneficial. Joining the convention would provide India with a standardized legal framework for resolving international child abduction cases, ensuring consistency, fairness, and the protection of children's rights. Additionally, it would facilitate smoother cooperation with other signatory countries, reducing jurisdictional conflicts and enhancing the prompt and safe return of abducted children to their habitual country of residence.