Hague Convention Treaty:(NCPCR) to Constitute ‘Mediation Cell’ for Cases of Child Custody (Imp.) (Download PDF)

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In order to protect interests of child whose parents living abroad have separated, govt. directed National Commission for Protection of Child Rights (NCPCR) to form “Mediation Cell”.

Image of Mediation Cell for Cases of Child Custody Dispute

Image of Mediation Cell for Cases of Child Custody Dispute

Image of Mediation Cell for Cases of Child Custody Dispute

Significance:

  • Cell is constituted to resolve cases of children who were taken away by one of spouses w/o permission of other due to marital discord or domestic violence from overseas country to India or vice-versa & prepare parental plan taking into account best interest of child.

  • Any parent can approach Integrated Nodal Agency (INA) set up to resolve NRI marriages issues, w/details of case & representation could be made by child or custodian of child.

  • INA will refer matter to NCPCR which will undertake mediation so that all aspects of case could be tabled from both sides.

  • Mediation Cell will develop parental plan & submit its report to INA & based on it or further inputs from applicants or from Home Ministry or Foreign Ministry, it will pass speaking order in matter.

  • Proceedings of INA will have no interference of court proceedings which may are initiated by either of parents in any jurisdiction.

  • Purpose of this procedure is primarily to bring all facts of case, including legal proceedings that may are initiated either by parties, make overall assessment of situation & suggest parental plan in best interests of child.

  • Mediation process should take care of most of representations received by Ministry.

  • Speaking order of INA will be extremely useful for both parents to get legal cases resolved or closed.

Hague Convention Treaty

  • Hague Convention is multi-national treaty that seeks to protect children wrongfully removed by one of parent from custody of other parent.

  • Issue of signing Hague Convention is still open & decision on it will be taken in due course.

  • Hague Convention deals w/custodial issues of children of parents who are involved in troubled marriages & are located in diff. countries.

  • Ministry has decided to set up institutional mechanism to provide relief to parents involved in such cases keeping in view best interest of child.

- Published/Last Modified on: October 2, 2018

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