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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.Kind regardsJohn Melis
Dear customer, from your post comments, you have said that you are in Saudi Arabia, and your son os Saudi (not and Australian Citizen?) and your wife is in Australia with your son.If your child holds Australian citizenship, your wife has a legal right to withhold the child in Australia. If your child is not an Australian citizen and only Saudi, then in this case, you may raise an order in the Family Court of Australia for the return of your Child, as the Child is a Saudi Citizen.Abduction of a child involves complex issues. Where a child is missing, it may be necessary to seek urgent orders to locate and recover the child. These orders are dealt with under Pt VII Div 8 Subdiv C of the Family Law Act 1975 (Cth) and Pt 21.3 of the Family Law Rules 2004 (Cth). It is pivotal to note that a location order cannot be sought on its own and must be accompanied by associated orders to invoke the Court's jurisdiction. A location order requires a person to disclose location information which a person has, or acquires, at any time while the order is in force. Both location orders and Commonwealth Information Orders remain in force for 12 months or for any other period specified by the court.The court has broad powers to order the return of a child to a specified person. The order can authorise appropriate persons to find and return the child with such assistance as may be required, and if necessary by force. It can also make directions about the day to day care of the child, until he/she is returned. The Family Court of Australia, the Federal Circuit Court of Australia, the Family Court of Western Australia or a Local Court exercising jurisdiction under the Family Law Act 1975 can issue such an order.Kind regards *****
Dear customer, under Australian law that will have no baring on the parenting of the child, if there is no danger to the child and the child's best interest is still protected.
Kind regards *****
Dear customer, the way to deal with your matter, especially for your child, would be to commence proceedings in the Family Court. If your child is an Australian citizen, through the Family Court you will be able to arrange parenting orders.However, your wife may also apply for orders which would restrict your son leaving Australia if he is an Australian citizen.
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