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TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 825
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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non-married separation and child custody Anglo-French

Customer Question

My daughter & I are both British. She is 43 years old She worked in Switzerland for 3 years and, during this period, she met a Frenchman and had a baby girl with him. At first the father didn't want the child as he already had 3 children with 2 different mothers, and he didn't want another (the children residing with their respective mothers). However, he said he would take care of my daughter and the baby for 6 months. He lives in France and my daughter, at the end of her Swiss contract, and a few weeks before the birth of the baby, went to live with him in France, where the baby was born. The father became quite besotted with his new daughter and they all stayed together in France for almost 2 years, my daughter hoping to be able to create a stable home for their daughter but - why is there always a "but" - he has proved to have an alcohol problem and a highly volatile temperament which leads to constant abusive behaviour towards both my daughter and his other children. My daughter wants to leave. It's been very difficult for her to find sufficient work in France to enable her to maintain a home, but she has been offered work in the UK. That would obviously mean that she would have to take the little girl out of France and the father will not consent. is there anything she can do without him being able to accuse her of abducting the child? From what I've seen on line, a court could order that the little girl be returned to France.

Submitted: 1 year ago.
Category: French Law
Expert:  Wendy-Mod replied 1 year ago.
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Expert:  TKenney, Ph.D. replied 1 year ago.
Hello, The mother can take her daughter to the UK at any moment, unless there is a court order prohibiting the exit of the child from France without the father's consent or if the father contacted the police to add his daughter to a list to stop the child at a (any) European boarder crossing. However, if the mother takes the daughter to the UK, the French father can request the return of his daughter back to France under the provisions of the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. The UK court will apply the provisions of the Hague Convention to determine if the child should stay in the UK or if the child should be returned back to France. Most of the time, the children involved in Hague Convention cases are ordered to be returned back to their country of habitual residence. However, there are exceptions; there are cases where the children are not ordered to return back and in accordance to the Hague Convention.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 825
Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
TKenney, Ph.D. and other French Law Specialists are ready to help you
Customer: replied 1 year ago.

Is there anything she can do without him being able to accuse her of abducting the child?

Expert:  TKenney, Ph.D. replied 1 year ago.
She will not be accused of abducting the child if she can get the fathers' consent in writing. Her being accused of child abduction will depend on the attitude of the father after the father finds out th;at his daughter left the country without his authorization. There is a possibility that the father will be very upset if the mother leaves with the child. In anger and desperation, he may be willing to do anything to get his daughter back, especially accusing the mother of child abduction. Your daughter will not be accused of child abduction if she can prevail using at least one of the exceptions provided in the provisions the Hague Convention: for example the return would injure the daughter psychologically or proof of domestic violence.

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    French Attorney (Avocat à la Cour)

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TKenney, Ph.D.
TKenney, Ph.D.
Attorney (Avocat)
785 Satisfied Customers
Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US