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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5421
Experience:  Dip Law LPAB - Sydney based lawyer
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Hello, my husband is Italian- I am Australian. Our 4.5yr old

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Hello, my husband is Italian- I am Australian. Our 4.5yr old son was born in Italy.we have been living back in Australia for 9 months. My husband now wants to return to Italy. Can he leave with our son. My son has Italian passport Italian citizenship and Australian passport and Australian citizenship. I am desperate.
Hello and thank you for your question.

If you are separating and you intend to stay in Australia then you can apply to the court for custody, and pending the court hearing your case can apply to the court to have your son placed on the airport watchlist so that your son will not be permitted to leave the country without the court's permission. This should prevent your husband from removing your son from the country before your claim for custody is heard.

Under international treaties, custody is usually determined by the courts in the country where the child normally resides, but if you have been living hear for 9 months (as opposed to holidaying) then you may well be entitled to claim that Australia is his normal place of residence.

As the law on this issue is somewhat complex you will definitely need to engage an experienced family lawyer to prepare urgent applications to stop your son being removed from the country as well as the custody application.

If you need assistance locating a suitable lawyer contact the Law Society of NSW as they can refer you to a suitable lawyer at your earliest convenience.

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Thank you and good luck.

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