Legal Question in Family Law in New York
I am in Australia at present, and have been stuck here for 18 months. I have an Australian wife, with whom I have a 9 month old son too and I have a daughter due in October 2010.
My wife has a 10 year old daughter who's father passed away 9 years ago and a 6 year old son to a man who hasn�t been in his life for the full 6 years bar court appointed appointments, which he has had 5 visits in 4 years.
We spent in excess of $50k Australian dollars last year to get the courts here to allow my wife and our children to relocate to the USA. I terrible miss my country as does my wife. Our children (meaning my step children) are desperately wanting to relocate to America also. After spending all the money we have the courts denied our request instead making the child go to counseling to gain a relationship with his biological father.
After nearly 12 months of the child still refusing to see his father even with the aid of a child psychologist and having no contact what so ever, we are now trying again to get a relocation order to come back to America.
I couldn�t bear to leave my family and I want us all together. The system here doesn�t care that the biological father has had two domestic violence orders against him, has only paid $29.00 per month in child support for the last 3 years, and hasn�t bother taking advantage of any past visitations that he has been given.
Where we currently stand is we cant leave Australia permanently. We are allowed to travel to the USA for all Australian School Holidays. The biological father has no visitation rights with the child. We need help, we are trying all we can but feel we are getting lost in the system and cant even begin to imagine that we will never be able to return to America.
Are you aware of any laws within the USA and in particular New York, that may allow us to get the relocation granted from a New York Court?
2 Answers from Attorneys
Your posted question omits several key details: are you a US citizen? Why do you need court permission to relocate?
International treaty will require you to get permission to relocate to the US for the children that are not yours and are Australian citizens. Even if you used the law in the US and New York State stating that after 6 months the domicile is New York, the act of bringing the children to the US without permission will trump New York State Law and the children can be taken away from you and given to the father or parent in Australia.
Have you tried to get the permission of the father of the one child who is blocking your move? Have you offered to eliminate child support? Usually, not always, the court will allow the move if you have the approval of the aggrieved party since that is the only thing standing in your way.
Your being a US citizen is not a concern here since you did not say you could not relocate to the US only the child is being blocked.
If I can be of any further assistance you can contact me at 516-746-4747 or [email protected].
Good Luck.
Joel R. Salinger
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