Legal Question in Family Law in Australia

Foreign origin single parent

I'm a USA permanent resident.My husband(US Citizen) & I were seperated few months ago.If I want to go back to my country,Can I leave this country with our kid.Or I have to stay in this country for ever, just because my ex-husband lives here.


Asked on 8/04/05, 2:32 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Foreign origin single parent

You are not forced to live here with your child forever, but there are requirements that you must meet before you can leave. If you do not, there may be serious problems, including a claim by your exhusband that he should have custody of the child. Please contact me and I will be able to assist you. 973-890-0400.

Read more
Answered on 8/04/05, 3:02 pm
Greg Shoebridge Simonidis Shoebridge Lawyers

Re: Foreign origin single parent

Which country do you wish to relocate to? If the intended destination Country is a signatory to the Hague Convention you may find that simply moving without taking the proper preliminary steps places you at risk in relation to where your child lives. It might be construed as a lack of insight on your part in relation to the importance of the relationship between the child and the child's father if you just up and move. It is important that you relaise that it is not your ex who is keeping you in the usa but rather your child, and your child's right to have a relationship with the childs father.

Read more
Answered on 8/04/05, 6:49 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Australia