Arranging child custody between separated or divorced parents
In France, in the event of a separation or divorce, both parents continue to have rights and…
If the other parent has gone abroad with your children, or is keeping them aboard without your agreement, this constitutes international parental child abduction. There are solutions for bringing your children back to France.
Verified by Hansu Yalaz on 09/02/2024
If the other parent has gone abroad with your children, or is keeping them aboard without your agreement, this constitutes international parental child abduction, regardless of your relationship with them: married, civil partnership, cohabiting, separated or divorced.
As a first step, you can call 116 000, a freephone number that is available 24 hours a day, 7 days a week.
After that, it is strongly recommended that you hire a lawyer specialising in private international law. If your resources are too limited to pay for their services, there are solutions.
The procedure for obtaining the return of your children depends on the country they have been taken to and their nationality. Your lawyer will be able to advise you according to your situation and help you with the procedure.
Your lawyer will first check whether your child or children are in a country that is party to the Hague Convention or a country with which France has a bilateral agreement.
If the relevant country is listed, it is important to contact the French Ministry of Justice’s “Bureau du droit de l’Union, du droit international privé et de l’entraide civile” as soon as possible.
If your child is held in a country with which there is no agreement and they have French nationality, it is important to contact the French Ministry of Foreign Affairs’ “Bureau de la protection des mineurs et de la famille (PMF)” as soon as possible.
If your child is held in a country with which there is no agreement and they are not a French national, you will need to contact the authorities of the country concerned through your lawyer.
Your lawyer will advise you on the procedure to follow. You may be advised to file a report with the police to report the abduction and obtain assistance.
In France, there are many services that can support you, give you advice, and assist you with procedures and paperwork. Most of them are free of charge.
This telephone advice service managed by “Droit d’enfance” is available for all people whose child has disappeared, including in the event of abduction by the other parent. They can also provide you with advice on prevention, if you are afraid that the other parent will take your children without your consent.
“Femmes Informations Juridiques Internationales Auvergne-Rhône-Alpes (FIJI)” is an organization specializing in international family law.
While the utmost care has gone into providing you with the most accurate and up to date information, this page is not intended to replace legal or professional advice. Laws and procedures change regularly so it is important to consult qualified professionals.
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