Monday, 3 September 2018

What to do if father kidnaps the child

A father cannot kidnap his child because he is a natural guardian. Similarly a mother cannot kidnap her child because she is a natural guardian. So in the absence of any court proceedings if a father takes away his child, a criminal case cannot be registered against him.

If there is a fear that any person has illegally confined the child and he/she may cause any harm to the minor child then the best remedy is to file Habeas Corpus petition. Similarly if during the court proceedings such incident happens, then a petition for issuance of section 100 warrants can also be filed in the Trial Court of Guardian/Family Judge.

If a court orders the custody or guardianship of child in the favor of one parents and the other violates such court order, then contempt of court proceedings can be initiated against such person. Also the above mentioned remedies can be availed in such circumstances.

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