[quote=mykarma] That's due to the age of our child, the fact that I'm the demonstrable "primary caregiver", and the fact that I live in the child's "familial home".
Which is precisely what my wife was thinking when she decided for herself that she was going to take our son to live with her when she left the "familial home". Since the legal system wasn't involved during that time (we were just separated), I couldn't do anything about it. Even the cops couldn't help. Nevertheless, I don't see how a court during its deliberation can NOT see that she took our son away without a mutual consent. It would be ridiculous, right?