Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
When did you leave the States?
Given all that evidence the good news is that it is clear that you have not kidnapped your son as this was planned trip to the UK
The bad news is that whether or not you issue divorce proceedings here the question of where your son will live has to be decided in the States as that is where he has been living for the last six months.
An agreed stay here does not change that
So whilst you are certainly safe until 23rd October and indeed may be able to stay six months safely
I am sorry but you will need to apply to the Court in the State you lived in for permission to permanently relocate to the UK. If you fail to do so then the UK courts can and will enforce your return
I wish the news were better - pleas ask if you need further details
You do not need permission to live in the UK.
Neither you nor your son needs visas to live her.
What you need is the permission of your ex or a court order allowing you to remove the child permanently from the States where he is currently ordinarily resident
This is because both the Uk and the USA are signatories of the hague Convention on Abducted Children.
An agreement that you and the child can stay here for six months is not the same as an agreement that you can stay here permanently.
Of course if six months pass and he does nothing then all will be well - but you will have to live with the risk that he will do so - and be successful - for at least a further 12 months before being certain that you are safe
Who issues the divorce and where is not relevant.
You may find this charity useful
Once you have been back here six months you can issue divorce proceedings based on your ex's Unreasonable Behaviour
I am sorry but yes you will have to appear in court in the US and the issue of how you would live there is a matter which would not doubt be taken into account in the Court Proceedings there
There are two different issue here
The divorce and the question of which country your son should live in
If your ex does not actually take steps to challenge the move then after say 9 months of being here all should be well