Sections on this page are being elaborated.
These are simply well meaning suggestions. They come with no warranty .. not even around fitness for a particular purpose.
These are based on lessons gleaned from the experiences of parents who have experience of litigation in India in the context of children who have been wrongfully removed to / retained in India.
Key Actions for parents
Report the matter to the local authorities in your country
Do this immediately. Many left behind parents have found out that by the time they have found out about the mechanisms, quite a bit of time has passed.
Please check out the section on Reporting from the menu on the left hand of the page. Information on mechanisms civilised societies have in place are explained along with some country-specific guidance.
Initiate proceedings in the context of child in your country ASAP
Start something as soon as possible. Talk to the authorities in your country to get an idea of what can be done.
If you find solicitors quoting you a large amount, remember most developed countries have mechanisms that a parent can do himself / herself (TODO - explain Party in Person) by downloading and filling in an application form and submitting it in the court along with a nominal court fee.
We’ll attempt to cover this in detail in country specific sections.
Only deal with Indian lawyers who have knowledge of IPCA
Check if the lawyer has represented in any IPCA cases.
Refuse to be drawn into anything that feels like being bad in law
You are very likely to come across numerous instances of gross misconduct of India’s judicial officers. Take legal advice from good sources. Reach out to support groups in your country. Watch out for Indian courts attempting to cover up things.
Challenge jurisdiction in Indian courts
Ensure that your lawyer files an application challenging the jurisdiction of India’s courts at the very first hearing.
This plays a key role in highlighting how Indian courts are infringing upon the sovereignty of other countries. Explained in depth in the section.
Avoid travelling to India
Avoid travelling to India unless you are sure you have ample support (i.e. people who can stand witness) and liaise with the embassy of your country in India. India’s courts will try to coerce you to submit to their jurisdiction and then scam you.
India’s judicial system is extremely corrupt. It is much more common to come across instances of judicial officers (lawyers / judges) causing the abuse of the process of courts. The concept of “duty of care” is confined to the law books.
It is rare to come across judicial officers being punished to the degree of harm caused. Most of India’s judicial officer
Report it to us
We’ll highlight the issues on the website
// TODO elaborate
Discussion forum coming up soon.
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Forum link http://forum.ipca.uk