child abduction

jimmy1968

Registered Users (C)
My wife (She is Lebanese) and I(Tunisian) married in Lebanon in 2002 and lived since that date in Tunisia.

We had a boy in 2005 and obtained the green card same year ...we were traveling in the sates each 6 months to maintain our residency...by the time we find a job.

We obtained 2 years ago a re-entry permit which will expire in Decem 2009.

Meantime, I did not really wanted to move to the states as we are having both a good job in Tuinisia and the economic crisis wasnt very encouraging.

My wife and I started to have problems about it and threatened me many times to divorce.

In January , She got pregnant and although the fact I knew that there is a high risk that she goes to the states and never come back, I let her(gave an authorisation for my son to travel) go deliver in the States and so he can obtain the US passport.( She delivered 2 weeks ago ).

She called me recently to tell me that She will never come back to Tunisia and wants to live in the states.

My questions:

1. Is this can be considered as an abduction?
2. Can she file for divorce knowing that we lived the past 5 years in Tunisia (she is in the states only the last 2 months).
3.My 4 years boy is Tunisian (not Lebanese as women in Lebanon cannot give their citizenship to their children),what are the steps I need to undertake to get him back? He was supposed to start school 2 weeks ago

thank you,
 
This is a complicated issue. i'm not sure if it can be called abduction, it would have to be resolved in a custody based court. I'm unfamiliar with the tunisian law vs the american law however
 
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