Summary
The Court disposed of cross-border custody proceedings on agreed arrangements for the mother and two children to return to Connecticut. It expressly left jurisdiction undecided. Directions covered passports, return, housing, access, financial support, division of clinic assets, schooling and withdrawal of Indian divorce proceedings, with further custody arrangements subject to the competent United States court.
Issues
- What agreed arrangements should govern the children’s return and the parties’ support and access obligations.
Held
- Because the mother agreed to return with the children and both parties accepted the directions, the Court did not determine the contested jurisdiction issue. (¶¶ 6.1, 7)
- Both parents must apply jointly for the children’s passports. The mother and children must return within two weeks of issuance; default would require handing the children to the father for return. Housing arrangements and unsupervised weekend access were directed, subject to modification by a competent United States court. (¶ 7)
- The mother could resume work at the joint dental clinic; if she declined, the parties could divide its assets equally within four months. The father must arrange schooling and pay US$8,000 monthly for a maximum twelve months or until she obtained employment and division of assets, whichever occurred earlier. Escrow security continued for that period, operated under the competent United States court’s orders. (¶ 7)
- After division of assets, education and upbringing expenses were to be shared equally. The mother agreed to withdraw the Indian divorce proceedings within two weeks of the order. (¶ 7)
Result
Both special leave petitions disposed of on the agreed return, custody-access, housing and financial arrangements. Return was required within two weeks of passport issuance, with US$8,000 monthly support subject to the specified duration and earlier-ending condition. Jurisdiction expressly left undecided.