I left Washington April 2014 with my 7mo son telling my husband it was for a holiday to visit family in Australia. Once here I told him I was not returning. It has been 2 years he has asked for us to return but has not pursued any legal avenues to return my son. I want full custody of my son and to remain in Australia permanently. I am a Australian citizen with no permanent residence
Status in the US. My husband is in jail awaiting trial for dv charges. Im not sure when he will be out. I want a divorce and full custody.
It seems like you would need to file in Australia. I suggest speaking to an attorney in your area.
Have you talked to counsel in Australia? I'd first do this, before I start hiring WA counsel.
You report you and the child have lived in Australia for (for 2 years). Australia would seem like the proper venue (where you and the child reside) for the divorce and entry of a plan. However, under the 1980 Hague Convention, you may be exposed to returning the child to WA, if this is determined to be their "habitual residence" to litigate custody. Australia signed this convention in 1988. This should be explored with a lawyer who has experience in these types of cases, so they outline your options, defenses and exposures.
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