Legal Question in Family Law in France

If the parents live in France with minor children and they want to separate with the mother returning to the UK with the children, then the father must agree. If he does not agree, then a court decision will be necessary. The question of the right of one parent (usually the mother) to return to her home country (be it the UK, Ireland, the US, Australia or India - all cases I have handled) with her minor children is always complex and delicate. The outcome depends upon many factors - the age of the children, the financial situation of the parents, and other factors as well. I suggest your friend look at my website and if she wants help, she can phone me. www.lexhelp.com. I am located in Aix-en-Provence in France.

I do agree with Ronald. The issue is complex and in any event the interest of the chidren shall prevail. French courts may give priority to the child's right to maintain normal relations with both parents. Therefore it is highly recommended to petition before French Courts in order to obtain a decision authorizing the return of the children to England with their mother under the Brussels II Regulation (Council Regulation [EC] No 2001/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsability). Please note that the aforementioned Regulation also lays down provisions on child abduction (unlawful removal of the child). Accordingly the father may apply before French Courts for the return of the abducted children.