Taking a child back to the US- Child born in UK

Hello,
My husband and I were always planning on moving back to California when his older children got to their teenage yeas. That time is nearly here now and we are just not getting on. We have been married 8 years and have one child who is now 5.  As we do argue all of the time and things are just to the point where we can't seem to work it out, moving to California looks doubtful as a family.  I do not want to spend the rest of my days in the UK as it never was the plan. But my husband is telling me there is no way I can take my son back to the US until he is much older. Is there anyone out there who has dealt with this situation and if you have did you get anywhere?  Any advice would be helpful as I don't understand why I should be made to stay in the UK due to my other halves stubborness. He most likely will not pay me any maintenance for my son when we do split up and even less of a part in his life. Seems unfair that we woudl have to suffer through it just so he can see him when it suits him. 

V..v..unhappy.

You're probably going to have to get a custody order drawn up. It's not going to be as easy as you just deciding to go and going.

If you don't already have one, you're going to need a US passport for your child (since they are most likley a Dual Citizen) and your husband is going to have to appear in person or agree by signing a notarised agreement in support of the application.

The US Embassy in London maintains a list of solicitors familiar with international custody so you could start there.

Unfortuantely you're probably going to have to do it through the courts it seems unless your solicitor can get him to agree to letting you leave the UK with your child. To do it without his permission would be child abduction and that is a very bad thing and could result in you never seeing your child again.

Yes, you need legal advice. There was someone else on here who just got a good solicitor I think for very similar issues. I'll see if I can find the thread and post a link here later unless someone beats me to it.

That said, you should know that once you and your son are in the US (assuming that is how things end up), you can pursue him for child support via international legal channels. From what I understand, the UK is actually better about enforcing international child support orders than they are about their own ones via the CSA!

We actually just updated my sons US passport a few weeks ago so that is all sorted. I would never take him away without going through the proper channels. I just wanted to know if it is possible to get full custody and leave the country. Thanks for the info!