Whether minor children travelling with one parent are permitted to leave the country without the presence and consent of the other parent in cases of marital separation or divorce; circumstances in which a parent cannot leave the country with his or her minor child(ren) without the presence or consent of the other parent [IND42196.E]

The Counsellor at the High Commission of India, in Ottawa, as well as an associate in the reservations and sales department of Air India, in Toronto, indicated that for minor children to travel out of India with one parent, the presence and/or consent of the other parent is not required (High Commission of India 12 Nov. 2003; Air India 12 Nov. 2003). The same applies in cases where the parents are separated or divorced, except where "there is an on-going dispute between the parents over the custody of the child(ren)" (High Commission of India 12 Nov. 2003) or where the custody order stipulates that one or both parents is not permitted to travel abroad with the child(ren) (ibid. 14 Nov. 2003). In such cases, immigration authorities at India's ports of exit are informed of this by the relevant judicial authorities (ibid. 14 Nov. 2003), and the permission of the other parent is necessary for the parent to travel with the child(ren) (ibid. 12 Nov. 2003). Without such permission, "the parent can be prevented from taking the child(ren) abroad" (ibid.).

Air India has not experienced a situation where a parent was prevented from leaving India with his or her child(ren) because the other parent was not present or did not provide consent (Air India 12 Nov. 2003).

Children can travel alone if at the airport check-in, they fill out a form stipulating the name of the guardian who will be picking the child up at the destination (ibid.). This form must be signed by at least one parent (ibid.). On arrival at the airline's destination, Air India representatives verify the identification documents of the guardian named on the form before the child is transferred into the care of the guardian (ibid.).

Minor children who are citizens of India, need to have a passport in their own name since the child's name is "no longer included in either of the parent's passports" (High Commission of India n.d.). Where the child is included in his or her parent's passport, it is compulsory that a separate passport for the child be obtained (ibid.). Passport applications for minor children must be signed by both parents and a photocopy of the first five pages of both parents' passports must be provided (ibid.).

India is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (HCPIL 3 Nov. 2003; UN 16 July 2003, par. 367). According to its second periodic report to the Committee on the Rights of the Child, dated December 2001, "instances of [the] illicit transfer and non-return of children abroad, usually by one of the parents, have been rarely reported in India" (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References


Air India, Toronto. 12 November 2003. Telephone interview with a customer service associate in the reservations and sales department.

Hague Conference on Private International Law (HCPIL). 3 November 2003. "Full Status Report Convention #28." http://www.hcch.net/e/status/stat28e.html [Accessed 14 Nov. 2003]

High Commission of India, Ottawa. 14 November 2003. Telephone interview with the Counsellor.

_____. 12 November 2003. Correspondence from the Counsellor.

_____. n.d. "General Information on Issue of Passports and Other Consular Services." http://www.hciottawa.ca/gen-info-passports.html [Accessed 4 Nov. 2003]

United Nations (UN). 16 July 2003. Committee on the Rights of the Child (CRC). Consideration of Reports Submitted by States Parties Under Article 44 of the Convention: Second Periodic Report of States Parties: India. (CRC/C/93/Add.5) http://www.unhchr.ch/ [Accessed 13 Nov. 2003]

Additional Sources Consulted


Dialog/WNC

Internet sources, including:

Air India

BBC

Country Reports on Human Rights Practices for 2002

European Country of Origin Information Network (ECOI)

Government of India (Ministry of Home Affairs, Ministry of Health and Family Welfare, Ministry of External Affairs)

United Kingdom, Immigration and Nationality Directorate (IND)

United States Department of State, The Bureau of Consular Affairs

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