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Help...afraid I will have to live in Italy!

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pamela6000

Junior Member
Briefly..I married an italian man last year and had been living in italy with our 9 month old baby. It had been very difficult for me there, mainly because he never wanted me to go back to Illinois to visit family and friends. After many fights, we all 3 went this past january. we have been fighting constantly and both saying this may not work between us. My husband then left abruptly, from my parents house and flew back to Italy after a fight, two weeks ago...which was 3 and 1/2 weeks before we were all booked to fly back. He said he never wanted to see me again and was only sad that he would not see his daughter.
Now he wants to go to counselling, etc and work it out.
My fear is in regards to the Hague convention on prevention of child abduction which states that a child must go back to its "habitual residence". It is a federal law and superceeds all else.
My question is: is it possible to have a legal agreement drawn up between my husband and myself which would state that I may move back to USA..Illinois with my daughter and stay there permanently in the event of seperation or divorce? Would this hold up legally? I may be able to have my husband do this..but not sure of the legal aspects.
Thank you so much for any advice.
pamela
 



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