By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
For families with ties to Bangladesh, international separation or divorce raises legal issues that differ sharply from those encountered in HAGUE Convention jurisdictions. In particular, child-abduction disputes and dowry-related allegations can significantly affect custody, mobility, and criminal exposure across borders. Understanding how these frameworks operate, independently and together, is essential to protecting both parental rights and long-term strategy.
International Child Abduction in a Non-Hague Jurisdiction
Bangladesh is not a Contracting State to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. As a result, parents involved in cross-border child-abduction disputes cannot rely on the Convention’s return mechanism or its narrowly defined defenses.
Instead, child-related disputes are addressed under Bangladeshi domestic law, principles of comity, and, where applicable, diplomatic engagement. This has several important implications. There is no treaty-based obligation to return a child to their country of habitual residence, proceedings are not expedited in the same manner as Hague cases, and custody determinations may be made locally even when another jurisdiction would otherwise claim primary authority.
For parents accustomed to Hague frameworks in the United States or Europe, this shift can be profound. Allegations of marital misconduct, domestic violence, or financial coercion may influence custody outcomes, travel permissions, or exit controls. In some cases, parallel proceedings abroad do not prevent Bangladeshi courts from exercising jurisdiction over children physically present in the country.
Where a child has been taken to or retained in Bangladesh, recovery efforts often depend on local litigation strategy, negotiated resolution, or diplomatic intervention, rather than treaty enforcement. Early planning is therefore critical.
Dowry Law and Its Impact on Family and Custody Disputes
Against this backdrop, Bangladesh’s Dowry Prohibition Act, 2018 plays an important and sometimes decisive role in cross-border family disputes. The Act reflects a firm statutory rejection of dowry practices, criminalizing not only the demand for dowry but also its giving, receiving, or facilitation.
Criminal liability is intentionally broad. Spouses, parents, guardians, and extended family members may all be prosecuted where dowry demands are made directly or indirectly. Penalties may include imprisonment of up to five years, fines, or both. Dowry-related offenses are classified as cognizable, non-bailable, and compoundable, meaning arrest without a warrant is permitted and bail is subject to court discretion.
For international families, dowry allegations often arise alongside separation, custody disputes, or immigration breakdowns. Such allegations can trigger criminal proceedings that affect a parent’s ability to travel, litigate abroad, or maintain immigration status, frequently intersecting with child-custody and relocation issues.
The Act draws important distinctions. Under Muslim Personal Law, mahr (dower) is expressly excluded from the definition of dowry, and voluntary wedding gifts given without coercion are not prohibited. Any agreement contemplating dowry, however, is void and unenforceable, regardless of mutual consent at the time of marriage.
Recognizing the potential for misuse, the statute also criminalizes false or malicious dowry complaints, aiming to balance victim protection with safeguards against retaliatory litigation—an issue commonly encountered in high-conflict international separations.
Cross-Border Strategy and Risk Management
When child-abduction risk, custody disputes, and dowry allegations intersect in a non-Hague jurisdiction, the legal landscape becomes particularly complex. Actions taken in one country may have immediate criminal or custody consequences in another, and assumptions based on Hague Convention norms may not apply.
At Multi-Jurisdictional Divorce, PLLC, we advise clients on navigating Bangladeshi family law within a broader international strategy, coordinating child-related planning, criminal-law exposure, and cross-border enforceability with care and precision.
If Bangladesh is part of your family’s jurisdictional landscape, early legal guidance can be decisive in protecting both your rights and your child’s future.