Abstract

International parental child abduction raises important issues of jurisdiction, applicable law, and enforcement of foreign judgements, presenting a complex intersection of private international law and family law. With an emphasis on the legal predicaments that emerge when a child is forcibly removed or retained across national borders, this paper examines the phenomenon through the lens of conflict of laws. The paper specifically looks at how lex fori (the law of the forum) and lex causae (the law applicable to the relationship) compete to decide these kinds of cases, particularly in countries like India that are not signatories to the Hague Convention on the Civil Aspects of International Child Abduction, 1980. This paper draws attention to India's reliance on the welfare principle and the parens patriae doctrine, which frequently conflict with the worldwide trend of automatic return mechanisms. Unpredictable results and legal ambiguity result from the lack of a codified framework, especially in cross-border custody disputes involving divergent national laws and parenting customs. This study emphasises how urgently India must participate in global harmonisation initiatives and create a cogent policy that strikes a balance between the child's best interests and the ideas of international cooperation and legal predictability. Within the larger framework of private international law, the paper ends with policy recommendations meant to close the gap between domestic priorities and international obligations.

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