Legal Question in International Law in France

Difficult question to which there is no clear answer. I have recently argued in a French court of appeals that there is a right to return to the US, but the decision has not yet been handed down. There is case law from the Paris Court of appeals allowing the US wife to return to the US with the children, but no French court has yet said that there is a right to return. My own view is that there is a right, save in special circumstances.

Ronald Sokol

Sokol Law Firm

14 rue Principale

13540 Puyricard

Tel: 04-42-92-08-20

email: [email protected]

If at this stage the spouses have not yet started divorce proceedings in France, the issue merely relates to right of custody which are currently exercised by both parents. However if there is a risk of a wrongfull removal of the chidren by one parent to the US, the father could seek an order with a view to preventing the international removal of the chidren. In case of an international abduction, the Convention on the civil aspects of international child abduction would apply between France and the USA.

Didier Lebon, Esq.

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