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.

Ignore it if he didn’t have your address right.

I would take advice on the situation but I would absolutely not advise responding and letting him have your address. I'd make him do the work in finding you.

He's blocked you 😂so how is he expecting you to contact him re. your son??!

Is he a French citizen? I don't think it would be different custody-wise for this purpose if he wasn't but just worth taking that information too to the solicitor.

Even if say he was granted custody somehow in the OP's absence by a French court, what are they practically going to do about it? He doesn't know where the OP lives.

He sent a letter in a language you don't understand to an old address? I'd ignore it!

"I would also warn that the French administration in general reacts poorly to people who do not engage. Double check the letters for any deadlines and absolutely try to respect them. Write in English and send the same text Google translated, and state in every communication that you are anglophone."

@holrosea - how is the OP supposed to engage if the ex doesn’t have the correct address for her and has blocked her? We know she is getting her post re-directed, but they don’t. If she didn’t have a forwarding address, would the French letter automatically be returned to sender?

It's not. If the father is french and is on the birth certificate, the child would then be french wherever he is born. And whether or not he has a passport.

Withdraw your cms application quickly, and send a letter to state that it has been withdrawn! Literally just 'the cms application has been withdrawn, best...'

Don't include a return address.

And then don't respond to the court summons.

You don't need this guy, best not to try and get his money lest you have to have your child in another country part of the time!

Best of luck xx

@Custodyapplication also do not inform him of your new address! tell solicitor your address has not to be divulged to his solicitor under any circumstances.

If he’s not on the birth certificate the OP’s ex is going to have to start by proving he’s the child’s father so any ideas about what ‘blood’ rights the child may have, far less about legal jurisdictions, are way down the line.

I would put in the post saying not at this address. But you need a family law solicitor.

@Custodyapplication Get legal advice, but I did some research on this a couple of years ago (as a french citizen living in England and married to a British husband).

IANAL so take this with a pinch of salt!

First, he has to bring the claim to the correct court, and in French law (and British law I believe) that is the court in the country where the child reside. So his claim in France will be dismissed, unless he can prove that the usual residence of the child is in France and obviously here he won't be able to do that.

No British court will give him residential rights in a foreign country. Is they allow contact, it will be on him to come to England to see his child.

I'm sorry you're having to go through this.

I'm glad that you're going to take legal advice to ensure that you don't fall foul of the law on a technicality, or something that will give your ex a chance to make your life difficult.

Honestly the things that some men do to make problems. A friend in the US suffered her ex making a custody application about a month before their son turned 18 - she was legally obliged to engage a lawyer and respond!

But he isn't on the birth certificate

The French court does not have jurisdiction over your child so they cannot make or enforce any orders relating to care or contact.

Agree with this. How can the father apply for joint custody if he isn't intending to live in the UK which is the child's residence? He might have the right to see him if he travels to the UK but it is highy unlikely the child will be compelled to go abroad at all. Unless he can provide suitable living conditions, then the child won't even be staying with him on any short visits to England.

I would seek legal advice if you can afford it, but not engage with the father at all unless you are compelled to do so by a court or on the advice of a solicitor.

I agree she should get the British passport.

But if he can get a French court to recognise he is the father which she will need to prove anyway for CM he may not need to get a british birth cert?

He could have registered the birth as a Uk birth of a French citizen with the French embassy would he need the UK cert or would the French registration entry be proof enough?

But even if he looking for a court order forcing a DNA test the OP could end up with a arrest warrant for failing to comply with an French court order she did not know existed.

So agree that she needs a qualified lawyer

He would need the British birth certificate, and with his name on it, to register the child as a French citizen born abroad, 100%. Likely the mother and child would also have needed to be present. My children are dual nationals, have done this rodeo, not with France and there may be some variations but he'd have gotten nowhere w/o an official British birth certificate with his name on it. Also as the OP said he wsnt even in the country anymore when the child was born.

There won't be any arrest warrant either. @Custodyapplicationdid this come via registered post and did you have to sign for it?

Another poster asked a valid question which remains unanswered. Can someone do a child maintenance claim if the dad is not on a birth certificate? Surely not? This is all very strange.

DC has a British passport.

I think it must be possible because if you’re not married to the father you aren’t allowed to add him to the bc if he isn’t there when you register the birth.

No I didn’t sign for it.

Ignore, and if he ever brings it up in court he will have to explain why he didn’t have your address eg you had to block him

It’s with the REMO application for international claims. I had to send in a statement and evidence to say he is the father and I assumed they would ask him to confirm or take a DNA test. It’s still in the application process and has been for ages.