Wife took 2 year kid and went to India (just disapeared)-- Legal rights ?
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Hi Guys,
We moved to Canada around 2 years back and are married for around 5 years now.
Have a 2 year daughter together.
My wife was suffering from depression from last 2 years and is taking medication.
Psychiatrist told us that main reason of her depression were Unemployment (couldn't get job in her field since we moved here) and Obesity.
Last week my mother in law came from India and told me that she will take of her.
On Sunday my mother in law told me that she is taking my wife and Daughter to friends place on Wednesday and they will stay there overnight and that will give my wife break from me and daily routine, so i agreed.
They were suppose to come back Thursday evening but instead i got a call from my Father in law in India that they all have reached India. He didn't tell me any reason and hung up the phone.
So in short my wife just left with my daughter and went back to India.
I am very disappointed and angry with the whole situation and more so they took away my daughter without my consent.
I have sponsored my daughter immigration last year and she became PR only 6 months back. So i am SPONSOR for my daughter.
What are my legal rights to bring my daughter back to Canada.
You need to talk to your wife and get all this sorted out ...
or wait for some time and see if things resolve by themselves if not contact an family court attorney and see what are the options
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We will find a way or we will make one
Very sorry to hear about this. Contact Canadian Consulate in India.
Also go through this site.
http://www.crisp-india.org/
I think Kumar Jagirdar(Kumble's current wife's ex-husband) is the main organiser.
Also try contacting Dr. V. Ravichandran.
Just few weeks back US consulates all over the world issued an order against people involved in parental abduction. They(abducting spouses) and people who help them(usually family members) will be permannatly barred from entering the United States. Canada is also strict about parental abduction. get the ball rolling with RCMP.
The problem is with Indian courts, especially when it comes to enforcement of judgements.
Sorry but that may not be whole story .... Why did the wife and here mother plan the exit in such a manner ?
Did they not have enough confidence in you ? If yes , why ?
Have you not been supportive during her depression ?
You are asking more for legal rights than about reconciling the root cause ....
I feel there s more to it ...... Please wait for some time and try to sort things ....
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Fido.
Location: Brampton, Ont, Canada
Posted on: 27-08-10 14:18:27
Quote:
Originally posted by Fido
Sorry but that may not be whole story .... Why did the wife and here mother plan the exit in such a manner ?
Did they not have enough confidence in you ? If yes , why ?
Have you not been supportive during her depression ?
You are asking more for legal rights than about reconciling the root cause ....
I feel there s more to it ...... Please wait for some time and try to sort things ....
Exactly, i had same concern
BTW: if you are looking for legal rights then contact Lawyer - If you are planning for separation or divorce (boy that will be tough job)
- Report this incident ( this will help you in future) – at the end only proofs works not emotions
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'Some goals are so worthy, it's glorious even to fail.' (Param Vir Chakra awardee Lt. Manoj Pandey)
Quote:
Originally posted by Fido
Sorry but that may not be whole story .... Why did the wife and here mother plan the exit in such a manner ?
Did they not have enough confidence in you ? If yes , why ?
Have you not been supportive during her depression ?
You are asking more for legal rights than about reconciling the root cause ....
I feel there s more to it ...... Please wait for some time and try to sort things ....
Do you say the above with the assumption that the OP is lying or not giving the full picture? Either way, running away with child without notifying the other parent is breaking the law with serious ramifications.
Canada has superior protections for children if child's welfare is the concern. However, the spouse and her family resorting to these tactics in order to circumvent Canadian laws over to shitty Indian legal system? Yeah, there's more to this story than meets the eye.
The only reason to negotiate will be to de-escalate the situation and even that from a position of weakness, as the spouse is in a different jurisdiction(in this instance India) and is not criminally liable(as India is not a signatory of the Hague convention). If one is confident that they are on the right, the first thing to be done is to document and collect proofs for the same.
Fido & Blue_peafol i understand you guys questioning this, i do but i am not here to win sympathy or shoulders to cry...
Not sure if you have dealt with people suffering with severe depression and withdrawal symptoms of medication doesnt help either...
If you ask me if i supported in her depression, i will say yes, i did everything...taking her to doctor, movies, cleaning house....telling her to come out of room and talk to me...i have done all those things ...
As i said before i am not here to win sympathy, i just want advice ..
Thanks Fudd, Elmer appreciate your responses...i will caontact Indian consulate and RCMP...
