An Australia man will be coming to Alabama in an effort to have his baby boy returned to Australia for a custody decision under the Hague Convention on the Civil Aspects of International Child Abduction.
The baby’s mother is from Alabama, but met the man in Australia and joined him there to live for a year after their baby was born.
The mother alleges that the man is abusive and that she and the baby were in danger of physical harm from him. An Alabama judge agreed and granted her an order of protection from him.
Under the Hague Convention, custody decisions are generally made in the country of the child’s habitual residence.
But there is a well-established exception where the child would be in a dangerous situation in the place of habitual residence.