Originally Posted by hungryhorace

That wasn't clear from the OP's post. Thanks for the clarification.

Thankfully children can't just be removed by one parent to another jurisdiction. Sounds like the OP needs to sort out the personal issues in her life like an adult and work things through.

Originally Posted by hungryHorace

sort out the personal issues in her life like an adult

Originally Posted by BEVS

It was perfectly clear to me.

Originally Posted by hungryhorace

Bev - more personal abuse ^^

Originally Posted by SanDiegogirl

My parents have secured an hours free consultation with a specialist solicitor when me and DD return for our final trip at the end of the month

We are renting so at gives me a home to go back to,

Does the above mean that the OP is visiting the UK at end of month to see a specialist solicitor, and that she has a home in the UK (albeit it rented?)

If so, she should consider not returning to France. Sounds like her parents are supportive of her, so she could stay with them.

Originally Posted by MissionUKSB

Hi everyone,
This is my first post, I'm clutching at straws finding information on Leave to Remove cases from France to the UK.
My husband and I sold up and moved to France last year with our two year old daughter. I am 42 and my husband is 60. We moved after he was made redundant however he move was really quick, from the "idea" phase to move was less than three months. I was railroaded into agreeing with the dream of being mortgage free and me being able to travel back to the uk whenever I liked with DD due to the £100k buffer we would have in the bank. The reality is devastating. I have no money of my own, my husband has spent all the money on a pool amongst other things, is telling me trips to the UK will be limited to one a year. He runs the business here, controls the finance and has a healthy pension pot he can access whenever he likes. Our marriage has fallen apart. We are in separate beds and I just feel trapped. He seems to enjoy the isolation I have with no friends. I am desperate to return to the UK and you can imagine my horror in discovering it is impossible without his consent, which he would never agree to in a million years. My parents have secured an hours free consultation with a specialist solicitor when me and DD return for our final trip at the end of the month. I would welcome to hear from anyone who has gone down he "leave to remove" route in France and won. I can't find a single case!

Originally Posted by dmu

I missed this part. Without the "Autorisation de Sortie du Territoire" from the Mairie, signed by your child's father, it's unlikely you'll be able to leave France with her, and you won't get to the appointment in the UK.
Go to your Mairie ASAP and ask to see the Assistante Sociale. She'll be able to point you in the direction of a French Avocat, possibly pro bono, who can advise you on the question of this departure and your separation.
But please don't try to leave France without the "AST", you may be accused of abduction. This is in fact the original purpose of the AST, to prevent one divorced parent taking a child "home" without the other parent's permission (and, at present, to prevent minors from leaving France to join Daesh.)
Get advice in France ASAP!! Good luck

Originally Posted by petitefrancaise

I totally agree that the OP should get advice.

However, if the parents are not separated with no legal proceedings already started, then I believe that she can take her own child out of the country without needing a sortie du territoire.
From here -http://www.douane.gouv.fr/articles/a13149-retablissement-de-l-autorisation-de-sortie-du-territoire-ast-pour-les-mineurs

"Obligation en vigueur depuis le 15 janvier 2017 pour les mineurs qui voyagent seuls ou sans être accompagné d'un titulaire de l'autorité parentale."

As for what she does after this, the article I posted slightly earlier in the thread gives some good advice near the bottom.

https://content.next.westlaw.com/Doc...ge=true&bhcp=1

If there has been any domestic violence or abuse towards her or the child, then the OP should get this documented and take it to the UK with her.

Originally Posted by dmu

Fair enough, the Service-Public site in fact says the same.
But Murphy's Law being what it is, the OP should still seek advice in France, and it is to be hoped that the father doesn't lodge an Opposition before the departure without the OP's knowledge.....

Originally Posted by petitefrancaise

not worth the risk if he's likely to report it. Hague Convention etc.

Originally Posted by SanDiegogirl

She would be home in the UK, so, personally, I'd feel safer fighting for my rights than in France.

..... and why does she need official documentation to go on vacation with her daughter back to the UK? Loads of Brits go between France and the UK for vacations and don't have to carry letters of consent from each parent.

My sister has just entered the UK with her son from France (hubby still in work) and she was not asked for an official letter for her to enter with her son.

The OP has only been in France for a year; the family are all Brits; the child was born in the UK; I doubt whether French laws will have much relevance.

Originally Posted by petitefrancaise

She will be fine provided her OH agrees to it. In normal circumstances, you are right about parents taking their kids freely out of the country.

They live in France so are subject to french law and if she goes and doesn't come back then she can be charged under the Hague Convention and forced to bring the child back. This will also go against her in future child custody hearings. If you read the link I posted you will see that French custody law protects the rights of the child to see both parents. For that reason, the most common way around the Hague convention law is to show violence or abuse.

Originally Posted by petitefrancaise

As for the divorce law, they no longer satisfy the residency requirements for the UK. And in any case, having your divorce in the British courts means it is almost impossible to enforce any decisions in France. it's supposed to work but doesn't.