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TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 791
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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As a family we have lived in France since 2007, My wife and

Customer Question

As a family we have lived in France since 2007, My wife and I are divorcing (in France) and she now lives back in the UK with a new Partner.
Our 16 year old daughter has lived with me for most of the time except for a spell of 3 months living in the UK with her mother. she was very unhappy and after a holiday back home in France she moved back with me, as she refused to return to the UK.
Is she within her right to refuse to see her mother and at her age is there anything her mother can do to force her?
My wife is implicating that it is me causing problems with their relationship, but from my daughter's point of view, she finds her mother unstable (has been on Prozac or similar for 20 or more yrs.) and wishes to live with me a stable parent.
Submitted: 4 months ago.
Category: French Law
Expert:  T Perrin C replied 4 months ago.

Under French law her mother cannot force her to go to England and see her but she can obtain a court order with visitation rights. Your daughter can request to be heard by the juge aux affaires familiales to state her point of view.

From what you write, since there seems to be a major disagreement regarding the custody of your daughter, the judge is likely to request an assessment by a social-worker/psychologist. His/her decision will be based on your daughter's best interests (as perceived by the judge after the assessments)