Legal question regarding spouse that has abandoned wife and child during war
Context: My 3 year old son and I were living in a different country (with my family) as my spouse and I were attempting to reconcile through a separation.
We had agreed upon achievable milestones for our return. One of which was getting our own place as we were living in his family house with his equally narcissistic parents for 2 years. He agreed and is financially capable.
Fast forward 3 months, war breaks out. 3 weeks in he’s hammering me about returning immediately. I told him gladly, will you rent us our own space to return to as agreed? He waffles and eventually says no. I tell him we are not returning in that case. He says consider your child to not have a father. Cut contact and child support since then.
Legal Islamic question: during initial request for divorce I clarified that in the case of divorce I am not interested in seeking shared property rights (50% of assets), I renounced my Islamic rights and only asked him to cover half of total child support.
Considering he has proven to have no word, am I wrong to try to secure my son’s rights through the western courts and shared property rights laws that we are both bound to?