Cook County Circuit Court Judge Pamela E. Loza ruled that Illinois law will decide the fate of 9-year-old Tejas Byanna-Akula, who is caught in the middle of an international custody dispute, as reported by the Chicago Daily Herald. Malini Byanna was granted a visitation with her son in Hyderabad, India from April 2-11 of this year by a court ruling.
Ms. Byanna, (an attorney herself) who suspected the Indian courts were biased against her, told reporters she is pleased with the recent ruling:
"I can't even tell you how relieved I am."
The Chicago Family Law Blog covered the custody battle last month, in which Ms. Byanna claims her estranged ex-husband "tricked" her into relinquishing custody of her son. Her ex, the wealthy and politically connected Vikram Akula, was granted full custody of Tejas by a judge in India.
Judge Loza based her ruling on the fact that India courts failed to rule that Ms. Byanna and her son moved away from Illinois when they went to India last year. Therefore, Illinois courts maintain jurisdiction over Tejas' legal status under the authority of the Uniform Child Custody Jurisdiction and Enforcement Act as explained by FindLaw.
But the ruling is hardly a complete victory. Ms. Byanna hopes that the Supreme Court of India will return Tejas to her full custody. Meanwhile, Chicago family law attorneys at the firm representing Mr. Akula said they may appeal Judge Loza's ruling.
Ms. Byanna's lawyer, Illinois family law attorney Marvin J. Leavitt, said in court that Mr. Akula filed false documents and used his wealth and status to thwart due process.
We will continue to keep our readers updated on this unusual case.
Related Resources:
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International Child Custody, Japan, and the Hague Convention (FindLaw's Law & Daily Life Blog)
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Browse Chicago Family Law Attorneys (FindLaw)
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