Legal Question in Family Law in France
international custody
I am an American living in France who is in a custody battle over our 2 year old daughter. He is a french citizen. she was born in France but has a US citizenship. We are awaiting a judges decision but if I decide to return to the US will I be a ''kidnapper'' or can I have my case heard there? He has no ''rights'' to her in the US. I am afraid if he gets custody he will leave to Morrocco his country of origin.
1 Answer from Attorneys
Re: international custody
If the habitual residence of the child is currently in France and you take the child to the US without the father's permission and without court permission and if the father were then to seek the return of the child to France on the grounds of the 1980 Hague Convention, he would normally prevail unless you could show the child was in physical danger. There are a few other qualifications, but I cannot go into them in detail here. You would be at serious risk.
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