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Wife Refuses to Return to the United States With Child Born Abroad

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  • 07-17-2013, 05:35 PM
    jbjints
    Wife Refuses to Return to the United States With Child Born Abroad
    State / Country: California / Australia

    My brother in law who is a Marine on active duty married a woman in the United States who is from Australia. She recently went to Australia and she is now refusing to come back. The child was born in Australia (wife demanded the child be born in Australia and become a citizen of Australia) and the child still is not a citizen of the United States (the mother in law has convinced her daughter that the child should not a become a citizen of the United States). Is there anything my brother in law can do to get his son back? To add to the situation they have another on the way.

    I hope I posted this in the right forum.
  • 07-17-2013, 05:49 PM
    LawResearcherMissy
    Re: Brother in Laws Wife Refuses to Come Home from Australia, Their Child is with Her
    I'm afraid your Brother-in-Law is going to need an Australian attorney to sort this out. This is not a DIY project that can be handled by an internet forum. He should discuss the situation with his CO, who can refer him to the relevant military authorities that assist service personnel with legal matters.

    In the meantime, he can still register his child as a US Citizen by filing a Consular Report of Birth Abroad, which will help matters to an extent.
  • 07-17-2013, 08:39 PM
    Disagreeable
    Re: Wife Refuses to Return to the United States With Child Born Abroad
    A US court really does not have jurisdiction over foreign children.
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