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It is alleged that the respondent no.2 declined to bring the children to the petitioner and allowed her to visit them only in his presence.

26. It appears that a shared parenting plan was arrived at between the parties vide order dated 12th May 2021 passed by the Court of Common Pleas, Division of Domestic Relations, Cuyahoga County, Ohio. The shared parenting means the parents share the rights and responsibilities as provided for in a plan approved by the Court as to all or some of the aspects of the physical and legal care of their children. The mother and the father together, under a shared parenting agreement, are granted custody, care and control of the minor children until further order that may be passed by the Court subject to certain terms and conditions. By virtue of the shared parenting plan referred to above, both the parties got joint custody of their children. The visitation schedule was clearly laid down in the shared parenting plan dated 12th May 2021. The parties agreed to not relocate without the consent of the other party and without the Court’s permission by way of a 60 day prior notice and the passports of the children were to stay in alternation with the non-custodian parent while the children were in the custody of the other parent.

38. It would not be out of place to state over here that the shared parenting plan referred to above by us in paragraph 26 ultimately came to be terminated by the Court at Ohio vide order dated 9th February 2022 at the instance of the petitioner-mother. We quote few relevant observations made by the Court at Ohio as under :

“33. Defendant/Father’s failure to return the children from India was a clear violation of the consent order, as follows :
“a. Defendant/Father failed to honor Part I(C)(1) of the Shared Parenting Plan, whereby he pledged to “provide the children with an emotional environment in which the children are free to continue to love the other Parent and spend time with them.” b. Defendant/Father failed to honor Part I(C)(3) of the Shared Parenting Plan, whereby he pledged to “allow the children to telephone on a reasonable basis.” c. Defendant/Father failed to honor Part I(C)(4) of the Shared Parenting Plan, whereby he pledged to “communicate with the other Parent openly, honestly, and regularly to avoid misunderstandings which are harmful to the children.” d. Defendant/Father failed to honor Part I(C)(7) of the Shared Parenting Plan, whereby he pledged “not to withhold time with the other Parent as a punishment to the children or the other Parent.” e. Defendant/Father failed to honor Part I(C)(10)(a) of the Shared Parenting Plan, whereby he pledged to honor the children’s rights to a continuing relationship with both parents.

59. Mr. Jauhar, the learned counsel appearing for the petitioner, submitted that even with all that the respondent no.2 has done, the petitioner is still ready and willing to abide by the shared parenting plan and allocation of parental rights and responsibilities. The respondent no.2 should, at the earliest, return to the USA with both the minor children and abide by the various orders passed by the US courts, more particularly, the shared parenting plan.

60. The learned counsel would submit that the respondent no.2 should be asked to apply for a fresh visa at the earliest pointing out to the authorities concerned that he is duty-bound in law to go back to the USA with both the minor children so as to abide by the shared parenting plan and the order that may be passed by this Court.

114. In the overall view of the matter, we have reached to the conclusion that the respondent no.2, at the earliest, should be directed to go back to the USA with both the minor children and abide by the shared parenting plan as ordered by the Court at Ohio. Although, the shared parenting plan as ordered by the Court at Ohio stood terminated at the instance of the petitioner- mother, yet the same can be revived once again by the authorities by going before the concerned court at Ohio. It is for the parties to take the necessary steps in this regard. The respondent no.2 shall immediately apply for the visa on the strength of this order. If the respondent no.2 is in a position to obtain a job in the USA on the strength of a work permit or any other document, then it is well and good. However, we are sure of one thing that it will be in the interest and welfare of both the children to go back to the USA for the purpose of their education, etc. The allegations levelled by the respondent no.2 that the petitioner suffers from some mental illness appears to be absolutely wild and reckless. Even otherwise this issue is a highly disputed question of fact.