Can my ex-husband demand that I and my son move out-of-the country so that he can be closer to our son?
Question Details:
My ex-husband has decided to live in Australia; I decided to stay in America with our son. My ex is now demanding that I return our son to Australia to live. He has never paid me a cent in child support. What are mine and my son's rights? He is an American citizen (and Australian); I am a permanent resident.
The court in austrailia does not have jurisdiction over this case becasue it stems from your divorce case that was likely resolved in ID. Therefore, there is no court that can issue you an order in austrailia to compel to you to go there. Furthermore, even if a court in that country made an order like that, it is unlikey that the ID court would enforce it. Based on your situation, i suggest that you try to work something out with your ex so that your son can have a relationship with his father. while you may not feel it is impotant, I can tell you otherwise. there is no question that you are the primary and responsible parent, but your son has a dad and should try to have a relationship with him. See what visitation can be set up between you. For peace and mind, te court is not going to require you to move.