Indian Mother and Father live in UK with their four and six year old Children.
Children go back to India to live with Father’s parents, Grandparents.
Mother says Father sent them there. Grandparents say Mother brought them there.
Mother files in both India and UK to get the Children back with her. She maintains she has “full rights over them”.
Nonetheless, Children reportedly want to stay in India with Grandparents.
India is not currently a party to the Hague Convention on the Civil Aspects of International Child Abduction. But lawyers in India are starting to press for adopting the Convention.
Of course in this case, depending how long the Children have been with the Grandparents and the circumstances of their return to India, the Convention might require that custody be determined in the UK. It appears that, at least as far as habitual residence is concerned, the Children are NRI, nonresident Indian children.
Read more in this IBN article: Punjab’s NRI British kids caught in custody battle.