How best to handle an overseas relocation involving a minor child?

UPDATED: Sep 5, 2012

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How best to handle an overseas relocation involving a minor child?

My wife decided that it would be a great opportunity to relocate to Australia. My in-laws currently reside there and have a couple of houses on their land. I agreed on giving it a shot. We have a 6 year old daughter together and I felt that it would be a great experience for her. My only concern is that if it doesn’t work out, however my wife said that she would be willing to return to the States but I’m not so sure. I wanted to find out if there was a legal document that would hold up in both Australia and the US. I would like to write it up with a lawyer stating if things did not work out after a year that I would have the right to relocate my daughter back to the States. Is there such a document and, if so, what would it be called?

Asked on September 5, 2012 under Family Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Given the incertainties with respect to your relocation to Australia on a temporary basis with your family, you can have a family law lawyer draft up a "Spousal Agreement" setting forth the terms and conditions of the agreement.

Make sure that such document states that if there is a breach of the agreement that any legal action shall be brought in the county and state of your current residence and that the county and state designated has jurisdiction over you, your wife and your daughter as to the document, and not any state in Australia. Make sure that the signatures on the document are notarized.

I suggest that may want to tread softly on this suggested "Spousal Agreement" in that if I presented such to my wife, I would most likely be causing more harm than good to my cause.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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