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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111450
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband is going back to the US permently, our son is a

Customer Question

my husband is going back to the US permently, our son is a dule citizen with both passports. Can my husband take him to the US? and if so how can I stop him?
JA: The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: we got married in june 2013 in the US. I came back here and he stayed there to put in for his visa to come out. in Aug/Sep 2013 I found out I was expecting. The paper work he handed in never made it where it had to go, so in Dec he come out on a tourist visa, and then we put in the application for his spouse visa which while the paper work for that visa was being prossesed he was put on a bridging visa giving him the right to work. since then he has not been able to find a job, he has not helped out at home (we are living at my parents place) nor really helped with our son (born 20 Mar 2014). Nov 2015 my parents told him that he had till Feb 2016 to find a job. he has not found one and made plans to take me and my son back to the US. He put in a visa application for me to the US consulate and I went for the interview, I got knocked back as it sounded to the person that I wanted to move to the US as he applied for an extened tourist visa, which was the wrong one. He is now telling me that he will take our son no matter what. What are my rights?
JA: OK. The Family Lawyer will need to help you with this. Is there anything else important you think the Family Lawyer should know?
Customer: he has told me that if he need to walk out of the house to clear his head I might has well look for his body. He does not want to leave my son or me in my parents house if we stay, be he will only concider it. I have tried to reason with him and have told him that I believe that its better if he goes first and then in a few months me and our son will follow but he will not listen to this he says that "he" needs our son so that "he" can get goverment assissetnce to get us a place.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your son has a US passport then your husband can bring him to the US UNLESS he has your written consent or a court order stating he can do so. Under the new laws, unless there is a court order saying he can come to the US with the child or you grant consent, he is not supposed to be allowed to leave the country with the child or enter the US. However, USCIS immigration agents sometimes do not check that documentation so you cannot rely on it. So you would need to get a court order in your country prohibiting him from leaving the country without your consent and you would need to send it to your country's immigration service as well as a copy to US Immigration and the US Consulate/Embassy in your country as well.
The only real way to stop him would be to go to court in your country to get court custody orders to prevent him.
Customer: replied 9 months ago.
how can I get this court order? How long does it take to have it approved my husband has tickets to go to the US on 16 March 2016???
Customer: replied 9 months ago.
what if I cancell my son's US passport? and ticket? am I allowed to do so?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
You need an attorney in your country immediately to file for the custody. You cannot cancel the passport but you can notify the US Embassy and US Customs and Immigration there as well as immigration in your country that he has no permission to leave with the child. You need to send them the notice in writing.
Expert:  Law Educator, Esq. replied 9 months ago.
Hello, are you still there?
Customer: replied 9 months ago.
Sorry i had to go home. Does the letter to the US embassy and US customes and immigration have to be writen by me? Do i just state that he does not have my permission to take our son out of Australia? Im guessing if i have passport numbers it would help them.What is an attorney? I dont have money for a lawyer.
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
It has to be written by you, include a copy of your passport and signed by you informing them of the child's name/date of birth/passport number if you have it. You state in the letter you believe he is trying to flee the country with your child and he does not have your consent.
If you cannot afford a lawyer, you can try for the public assistance law clinic for help to eventually take this to court where it will need to go.
Customer: replied 9 months ago.
Would you know where i can find one in the parramatta area (NSW). If i file for custody does that mean that my husband has to stay here?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
You can get legal aid through this site: http://www.legalaid.nsw.gov.au/

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