Hi there! I'm not sure if I have this right but my understanding is that the child was born in the UK and has a British Passport, the Father had returned to France before the birth and has had little contact with the child and none in the last two years to the extent that he is not aware the child is disabled and doesn't know their whereabouts? If the above is correct-
Since the child lives in the UK and has always lived here, you may be able to argue that French courts do not have jurisdiction over custody matters. Under the Brussels II bis Regulation (now replaced by Brussels II ter), jurisdiction typically lies with the courts of the child’s habitual residence — in this case, the UK.
If the father is not on the birth certificate and hasn’t taken steps to establish paternity or parental responsibility in the UK, he may not have automatic rights. This weakens his claim, especially for 50/50 custody. It will also stop him from getting a French passport at least in the interim.
Courts — in any country — consider the best interests of the child. A father who has had no contact for years, doesn’t know the child’s current address, and is unaware of their disability is unlikely to be granted shared custody without a thorough investigation.
Things you need to do NOW:
You should urgently reach out to a family law solicitor with experience in international custody disputes. If you cannot afford one, you may be eligible for Legal Aid — especially given the disability and international nature of the case.
Even without attending, you should respond to the French court — ideally through a solicitor — to explain why you cannot attend and to contest jurisdiction. Ignoring the summons could result in a default judgment.
Document everything: You should gather all records — CMS application, medical diagnosis, communication history (or lack thereof) with the father, and any evidence of his absence or neglect.
You can get some cross-border support
Under the Hague Convention, the UK has a Central Authority that helps with international child protection and custody matters. You can contact them for guidance and support.
British Embassy in France: They may offer help with translation, legal referrals, or even attending court remotely if necessary.
Translation services: If you must engage with the French court, you can request translation or interpreter services. Courts are often required to accommodate non-native speakers, especially in cross-border cases.
Remote attendance: Given your financial and caregiving constraints, you may be able to request to attend remotely or submit written statements instead of traveling.
You need some emotional and practical support so try support groups. There are UK-based charities and support networks for single parents and parents of disabled children (e.g., Gingerbread, Contact). They can offer emotional support and sometimes legal guidance.
If you feel overwhelmed or unsafe, you can reach out to local social services for help managing the situation.
When you reply to the French court, make sure you outline your childs disability as sadly, if he is doing this to avoid paying to support his child, sadly, this may make him reconsider and it will also polarise the French court on the fact that his prior contact with his child has been so limited that he isn't even aware of this disability.
Big Hugs