I am an Australian citizen and my wife and son are both New Zealand citizens. We are living in the US on my work visa. We are currently separated. My wife has repeatedly threatened me that she is going to leave the US with my son and go back to New Zealand. Even though we are not US citizens, can my wife still leave with my son and go back to New Zealand without my consent?
Contact your Australian Consul in the US ... and the NZ Consul in the US.
Tell them you want to file a complaint to stop her pursuant to The Hague Convention on the Civil Aspects of International Child Abduction
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No - rest assured of that. No airline employee will even consider agreeing to check the child in for the international flight with the mother, without first seeing (and verifying) a duly executed notarized travel consent for the minor child from the non-traveling parent (you) - rules of the International Anti Child Kidnapping Act to which the USA is also signatory are strictly enforced by all airlines for passengers with an ultimate international destination - at the risk of hefty fines, penalties and sanctions if they fail or simply goof off. That's part of the (rigorous) training of every airline employee at the airport checking passengers into their flight.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Depends on custody.
An airline will not request a father’s consent before boarding a mother and child. As per your post she is not kidnapping your child merely leaving as you do not expect her to be out of status if she has no legal way to stay in the USA as beneficiary of your immigration status.
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