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Fathers with a French ex-wife (mother of yr child)

Posted by helbix - Created: 6 years ago
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10 replies (Showing replies: 1 to 10)

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Posted by J366 - 6 years ago

Hi again :)
I get what you're saying and I don't want to labour the point but the fact that you are not formally separated is exactly why you need to be aware that if she does leave with your son then without a legal document of any sort with relevant details, it won't necessarily be easy for you to get him back (as per Mian's post).
Anyway, let's hope of course it never comes to that and good luck with it all.

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Posted by helbix - 6 years ago

J366 and Abe,
thanks for your latest comments preventing me to get "lulled into a false sense of security"
actually, I did have a phone call with a lawyer in Antibes, and it is his feedback behind option 1) in my first post !
1) a judge won't focus on the question whether or not she has the right to go to another country... because she fundamentally does (as anindividual). he will just focus on the question what would be in the best interest of our son, *given the fact* that his mother lives thereand there under these and these circumstances, and the father lives there and there under these and these circumstances. Based on that he would then deicide who would get custody.
indeed, today we have not formalized anything. we just live physically separated and wait for our house to be sold, before starting the formal divorce process. Again, it is not said that the next day my ex wants to move abroad; I just want to understand my legal position in that case since it is a possible scenario.

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Posted by Abe-278659 - 6 years ago

Given the important nature of your question, I would urge you to speak to a well qualified attorney who could give you an accurate answer and perhaps even advise you on what your might be able to do to circumvent any such problems. Good luck.

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Posted by J366 - 6 years ago

...hello again :)
Just wondering if the above cases were couples that already had a Court judgement put in place and the "guilty" party was in breach of such a contract?
As I mentioned in my first post, as far as I understand it, if there is no official (even preliminary, as mentioned) judgement in place stating that each parent must have the consent of the other to take the child abroad, then either has just as much right as the other to take the child where they want. In any final judgement custody is awarded (joint, father, mother etc...) and in my own case the main home was decided to be with me. As I say, this need for an official Judge's ruling is to the best of my knowledge, as far as it goes.....I would urge you to check this. I just wouldn't want you to be lulled into a false sense of security that's all.

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Posted by helbix - 6 years ago

thanks, it definitely helps. it shows my position may be stronger than I thought !

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Posted by hellsbells-270751 - 6 years ago

I recently read an article in the Connexion about this very situation. If she were to leave the country without your formal consent it would be classed 'kidnapping' and the child would be brought back to you. The article discussed a number of cases but in particular they featured a case where a French woman took her child back to France without consent after splitting with her American husband. It was a very sad case because the police took the child from crèche and returned her to the states. It also featured a story about an English woman who returned to England after splitting from her French husband and again the child was returned to France. Unfortunately it is a common scenario and everyone instantly thinks that the law is on the side of the mother and she can go if she pleases, however that is not the case. I'm sorry I don't still have the article to send to you but it was featured sometime around October/November. Maybe if you contact the paper they can send it to you. Hope this helps.

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Posted by helbix - 6 years ago

ps yes my son is indeed born in france

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Posted by helbix - 6 years ago

very interesting info ! many thanks

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Posted by couchpotato - 6 years ago

Where is your son born? If he was born in France, she will never be granted permission to leave France without your consent. My wife has been trying for years to seek permission to move to the UK. She has lost on appeal.

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Posted by Mian - 6 years ago

If you speak french, you can find lots of useful information here:


I also think you will find this interesting:

Sortie du territoire

Le juge peut ordonner l'interdiction de sortie de l'enfant du territoire français sans l'autorisation des 2 parents. Cette interdiction est inscrite au fichier des personnes recherchées par le procureur de la République.