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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1343
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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I have a legal question concerning a situation that has arisen

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I have a legal question concerning a situation that has arisen with my mother, and please excuse me if I give you unnecessary details. I'm trying to include as much information as possible so that you can answer the question as accurately as possible.

My parents divorced almost 5 years ago and the repercussions of this event have continued to cause a lot of problems for my brother and me. I am 23 years old and live in Paris, and I have a younger brother who is 13 years old who lives in the US and technically shares custody between our parents.

In their custody agreement, they had agreed to have my brother spend half of the week at each of their houses. In November 2012, however, my mother became too frustrated with my brother and dropped him off at my dad’s house indefinitely. Since that occasion, my dad has reached out to her numerous times to ask her to spend time with him, but she ignored the e-mails he sent. My brother spent one afternoon alone with her and her father (our grandfather) in the 6 months since he has been living full time with our dad.

I recently decided to purchase a plane ticket for my brother to come visit me for 2 weeks in Paris this summer. In order for my brother to renew his passport which has expired, he will need my mother to sign a notarized document stating that he has her permission to obtain this passport, as it will be my father who is going to do the renewal process for it. She initially refused to sign the document, but after some mediation efforts by my grandfather, she told him that she would eventually sign the document. After this conversation with my grandfather, I purchased his plane ticket to France as well as our plane tickets to visit Scotland together for 5 days (during the period of time he is visiting me in France).

When my father recently asked her to give him the signed document so that he could obtain the new passport, she said that she refused to sign it unless I wrote to her stating that I would take those two full weeks off of work so that he would never be left alone, and she also wanted me to guarantee that he would stay in France during the entire trip.

I e-mailed her back the following statement: “Hello mom, [little brother] will be visiting with me from July 5th to July 20th. I have already had 2 weeks of vacation time approved for that period and will be with him in France during that entire time.”

I do not intend, however, to stay in France with my brother the entire time. I have purchased our trip to Scotland and I don't want to abandon those plans because our absentee mother decides to put up a fight about it.

What I would like to know is what the legal repercussions could be if I take my brother outside of France. Since he is a minor, will he need written consent from both parents to enter the U.K. when we are leaving France? I know that I will eventually need to tell my mother that I took my brother to Scotland with me, so what are the possible steps that she could legally take to hurt me/my father/my brother? Legally, would it be better to tell her before the trip and risk having her prevent him from coming to France in the first place, or instead wait until after it has been done to tell her? This ordeal has been frustrating to say the least, so any legal insight you could provide would be greatly appreciated.
Submitted: 1 year ago.
Category: French Law
Expert:  wendy-Mod replied 1 year ago.
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Expert:  Fran-mod replied 1 year ago.
Your question presently remains open to all French and EU professionals.
Expert:  wendy-Mod replied 1 year ago.
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Expert:  T Perrin C replied 1 year ago.
Except for one part, your question is mainly one for US family law experts.
To travel to France, your little brother, who is an American citizen and resident, will not need any other document than his passport.
Same to travel from France to Scotland, and back. As Scotland, like the rest of the UK is not part of the Schengen Treaty Area, his passport will need to be stamped by UK border control when you arrive in Scotland, and once again by French border police upon traveling back to France. Therefore, your mother will just need one look at his passport to see that you have taken him to Scotland.
Although, if she agreed for her son to obtain a passport to travel overseas and visit you in Europe, one cannot see what she could do afterward even if she unhappy that you took your brother to Scotland. Except forbid him to travel overseas in the future.... But this would be better if a US family law specialist commented on that.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1343
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
T Perrin C and other French Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your response, T Perrin. I'll see if I can find a US law specialist to comment on the other aspect of this question.

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