[saviosoares]

Hi I am indian male married , my wife who is holding a newzealand citizenship not by birth.We have 2 children boy 18 months and girl 4 months both my kids holding indian passports.after 2 years of marriage my wife went to newzealand with my kids on October 21st 2008 living with her mother(Divorced).Now while she is there she tells me she does not want to come to india and wants to persuade her career and put the kids to study in newzealand.I told her kids are small and I want then but she refuses to listen to me& I have a business here & I don't wantt o go and settl in newzealnd.I want my kids back here and even her,there are some misunderstanding with her and my mother that why she doesn't want to come back.kindly tell me what I can do to get them back.you help will be appreciated.thankyou waiting or yr reply

[saviosoares]

Is there noonoe

[stevetcg]

is there noonoe

Patience friend - its only been 2 hours.

Here are my thoughts, and I am by no means an expert on ANY topic.

1) you are dealing with international law. The rules are going to be very specific based on the 2 countries in question, in your case India and New Zealand. I would contact a local lawyer who specializes in international law.

2) you state that your wife and mother have a disagreement. It has been my experience that indian mothers are less than fond of their boys marrying non-indian women. Was this the case with your mother and wife? If so, you can appeal to your mother to mend her disagreement with your wife. This may make any process go better.

3) If she has a legal right to your children, its not actually abduction. Abduction is a crime and it does not appear to me like she has violated any law.

Good luck and hope for the best.

[ScottGem]

I agree you need to hire an attorney to deal with this. Its too complex to not get someone really knowledgeable to help.

[JudyKayTee]

is there noonoe

This is a volunteer site - we do the best we can to answer in a timely fashion.

You need an Attorney.

[cadillac59]

You need to identify where you live.

If you are in the US, you can file an action NOW (don't wait) asking for custody of the kids and you might possibly obtain it on an emergency basis, that basis being that the mom has refused to return the children and has left the country. If you get an order awarding you temporary custody you then have the difficulty of trying to gain the return of the children through the Hague Convention's procedures (I'm assuming New Zealand is a signatory country) and going through all the jazz involved with that. The US State Department has some interesting information about this on their website and I believe they have a division dedicated to assisting people with this (in fact I think you have to go through the State Department just to get things started).

Find a local attorney who specializes in family law and is experienced in Hague Convention stuff. If you are not in the US, forget what I said and check with a lawyer in your country.

[JudyKayTee]

You need to identify where you live.

If you are in the US, you can file an action NOW (don't wait) asking for custody of the kids and you might possibly obtain it on an emergency basis, that basis being that the mom has refused to return the children and has left the country. If you get an order awarding you temporary custody you then have the difficulty of trying to gain the return of the children through the Hague Convention's procedures (I'm assuming New Zealand is a signatory country) and going through all the jazz involved with that. The US State Department has some interesting information about this on their website and I believe they have a division dedicated to assisting people with this (in fact I think you have to go through the State Department just to get things started).

Find a local attorney who specializes in family law and is experienced in Hague Convention stuff. If you are not in the US, forget what I said and check with a lawyer in your country.

He says she does not want to come to India so my guess is that that is where he is.

[cadillac59]

He says she does not want to come to India so my guess is that that is where he is.

I thought about that too after I read it a second time but I thought he might be referring to plans the two of them might have had of moving back to India (from the states I guess) with the mom having taken off and ending up in New Zealand instead. But who knows?

[cdad]

I thought about that too after I read it a second time but I thought he might be referring to plans the two of them might have had of moving back to India (from the states I guess) with the mom having taken off and ending up in New Zealand instead. But who knows?

( quote OP said )
Hi I am indian male married , my wife who is holding a newzealand citizenship not by birth.We have 2 children boy 18 months and girl 4 months both my kids holding indian passports. ( end quote )

If the children were born here or were US citizens then they would have US passports. Since the Father is stating he is from india and the passports are from there then its safe to assume he is currently located in India.

[cadillac59]

( quote OP said )
Hi i am indian male married , my wife who is holding a newzealand citizenship not by birth.We have 2 children boy 18 months and girl 4 months both my kids holding indian passports. ( end quote )

If the children were born here or were US citizens then they would have US passports. Since the Father is stating he is from india and the passports are from there then its safe to assume he is currently located in India.

Well that's a point but many people have dual citizenship and travel under one passport. I have a client who carries a Canadian passport yet he's also a US citizen; I've had some clients also from India who are naturalized US citizens but still travel under an Indian passport and go back and forth all the time. So, it may mean something but is not dispositive.

Nonetheless, I still get the feeling that you're right, that the guy's in India but I have to wonder what he's doing on this board.

[cdad]

Well that's a point but many people have dual citizenship and travel under one passport. I have a client who carries a Canadian passport yet he's also a US citizen; I've had some clients also from India who are naturalized US citizens but still travel under an Indian passport and go back and forth all the time. So, it may mean something but is not dispositive.

Nonetheless, I still get the feeling that you're right, that the guy's in India but I have to wonder what he's doing on this board.

We get them from all over in here. Country of origin doesn't matter. We still try our level best to answer their questions. And those of us non experts can do searches and find things that others cant.

This board isn't exclusive to US law. Its more of a first come first served : )

[JudyKayTee]

Well that's a point but many people have dual citizenship and travel under one passport. I have a client who carries a Canadian passport yet he's also a US citizen; I've had some clients also from India who are naturalized US citizens but still travel under an Indian passport and go back and forth all the time. So, it may mean something but is not dispositive.

Nonetheless, I still get the feeling that you're right, that the guy's in India but I have to wonder what he's doing on this board.

This is an international board - Curlyben, in fact, is in the UK.

Lots of people from all over asking and answering. That's why so many "where are you" questions, not necessarily asking about the State. Often asking about the Country. Occasionally it gets amusing - I always posted NYS (New York State) instead of NYC (New York City) or just plain NY and had someone tell me that "NYS" is, in fact, not in the US and I should check a map - ? (If you live in NY, another New Yorker asks where you're from and you simply say "NY" the follow up is, "State or City.")

Of course, while all of this conversation is going on OP has not been back.

[cadillac59]

This is an international board - Curlyben, in fact, is in the UK.

Lots of people from all over asking and answering. That's why so many "where are you" questions, not necessarily asking about the State. Often asking about the Country. Occasionally it gets amusing - I always posted NYS (New York State) instead of NYC (New York City) or just plain NY and had someone tell me that "NYS" is, in fact, not in the US and I should check a map - ? (If you live in NY, another New Yorker asks where you're from and you simply say "NY" the follow up is, "State or City.")

Of course, while all of this conversation is going on OP has not been back.

Yeah, I've noticed he's gone. Like I said I think Calidad is right that the guy was in India.