Father who lives abroad has applied for joint custody

[Custodyapplication]

DC is 4 and has never lived with his father as he moved back to his home country before DC was born and only had a few visits with father. Had no contact for the majority of the 4 years and none for 2+ years. Just received a letter that was addressed to my previous address which is another language but tried to interpret it and it says he’s applied for joint custody and there’s a court appointment next month in his home country which I’m supposed to attend. Child is disabled (father not aware of this) and there’s no way I’ll be able to take them to another country or get a babysitter to go and I have no idea who to contact/can’t speak the language. What will likely happen from this? Father has had no interest and was abusive/ controlling and seemed to be very jealous of DC, so I’m very worried about if child will have to spend time with him. This has come after an CMS application was done 3 and half years ago through REMO (intentional one) and has recently had an update on to say it’s progressing in his country so I assume that’s why he’s suddenly applied for joint custody.

Do not ignore it. You must consult a lawyer with experience in international child custody cases. legal aid may apply but I don’t know. To avoid delay I’d write back to the address of the authority that wrote to you immediately stating the date you received the letter; the fact it was sent to your previous address; providing them with your current address or stating you will shortly provide the address of a solicitor for correspondence; that you intend to cooperate fully with the legal process and that you will be instructing a lawyer to act on your behalf and they will be in touch. Don’t bother relaying the history in this letter, it is simply acknowledging receipt, explaining the delay a d signalling your cooperation (cooperation is not the same as acquiescence).

Without knowing the country in question no one can help you on here but please don’t panic as he would have no chance within Europe or the U.S. with this and even if the law in his own country of residence would favour his position, as the child wasn’t born there and never resided there, they will not prevail over the English or Scottish law and process in this case.

What a scumbag. Well done on escaping. This too shall pass.

If he is not on bc he has no automatic parental rights in UK. No UK court would order shared residence away from a child’s main carer and home to a father who has no established relationship or even visited. You need advice on situation in France.

Just seen it’s France. Not a chance but you will still have to jump through the hoops.

Seek legal advice from a solicitor that has knowledge of French child law asap. As your ex isn't on the birth certificate, then in UK law he has no parental rights and would need to apply to the Courts to receive it. Your child doesn't know his Dad, doesn't speak French and his disabilities. I'd find it hard to believe any Judge regardless if the UK or France would give your ex joint custody. You need legal advice as a matter of urgency.

The child would be a french citizen but the French courts would recognise that the UK courts as being the courts for any court action as the child has always lived in the UK.

However France is part of the EU I would look at filing paperwork to prove that and have if recognised.

You likely need translated ans certified documnets for that so try contacting the French embassy for how to deal with it.

https://uk.ambafrance.org/

Agree with all of the above, at least France is a country with strong rule of law but still I would not go there.

I would also consider whether the child maintenance, while you have every right to it, is worth you keeping this man in your lives.

He’s not really in their lives. He gave an incorrect address to the “court”.

The child is resident here. Therefore English court is likely to be the only court deciding on this child. Plus I would immediately get Dc a passport. Make sure child is British.

As a first action, talk to Reunite. Charity that works on international abduction and custody. They may have a good idea about legal options.

Some good advice here already. Don’t think he is trying to wear you down so you give up on the financial claim?

I can kind of understand that if he is going to contribute he may want to see his kid, but this is a truly awful way of going about it.

Contact the British Embassy. They will have a list of lawyers that will contain at least one who is experienced in cases such as these. He is a long way from joint custody - my friend’s daughter’s father, who is French, tried the same thing and got nowhere and it cost him thousands.

Reunite also an excellent suggestion.

Your first step is legal advice. You can’t do anything correctly until you have done that.

I agree that before anything else you need to speak to a competent international family law solicitor and seek their advice on whether to ignore the letter or to respond.

I would NEVER use ChatGPT for legal letters. Legal translation and interpretation is very skilled. First pass to just see what your next step is? Great. Understanding? No.

Please get legal advice.

How did the letter find it's way to you?

Not to derail, but OP were you told you can you get child maintenance (I presume that's what CMS means in the OP?) if he's not on the birth certificate?

The child is also French by blood and the Ex (or OP) can get a French passport too.

So having a French passport or a British passport will not make a big difference

A legal letter on headed paper from a law firm, or did the father write the letter?

I just searched "Child custody application from France", there is a lot of information available.

Your son is a British citizen who has been resident in the UK for his whole life. He is clearly not within the jurisdiction of the French courts, and the French courts will recognise and tell him that.

Any attempt by your ex to secure partial custody of your son will have to be made through the British courts, so you can safely ignore this French hearing.

It's very obvious he's only interested in shared custody because he doesn't want to pay child support. Get your legal advise asap Op, it will be money well spent, and make sure the solicitor/lawyer includes everything for the court's consideration - he's not on the birth certificate, he's paid nothing, never visited, doesn't know your address or even that his DC has a disability - it should be evident to the court that he has no grounds for his application

OP doesn’t need to be wasting money on a lawyer at this stage. The French courts have no jurisdiction over her son who was born in the UK and has only ever been resident in the UK. Until a custody case is filed in a UK court, she doesn’t need to do anything.

France are very heavy on 50/50 care, I would not be going, you would need to remain in France for this too happen, especially if they required him to be on the birth certificate vis a DNA test.
I would apply for a prohibited steps order if you feel your child maybe at risk of being abducted.