Your former partner collected the children for the school holidays and never came back. Or the move to France that you both agreed has turned into a refusal to return them to their school in Manchester. Or you are the parent living in France, and you have just been served with papers demanding the immediate return of your child to the United Kingdom. Since 1 January 2021, these disputes run on different rails than before. The Brussels IIa Regulation, which used to circulate custody decisions automatically between London and Paris, no longer binds the United Kingdom, and France–UK cases now travel under two Hague Conventions: the Convention of 25 October 1980 on international child abduction, which organises the rapid return of a wrongfully removed child, and the Convention of 19 October 1996 on parental responsibility, which decides which court is competent, which law applies, and how a decision made in one country is recognised in the other. The French vocabulary matters from the first phone call to a lawyer: the juge aux affaires familiales, universally shortened to JAF, is the family judge attached to the local tribunal judiciaire who decides where your child lives; autorité parentale is parental authority, normally exercised jointly by both parents; résidence habituelle is the habitual residence of the child, the anchor of almost every cross-border rule; and the procureur de la République, the State Prosecutor, can bring the return case to court at no cost to you. This guide explains, for a British parent in either direction, how the emergency return procedure works in France, which defences a French court actually accepts, how to block a removal before it happens, which court decides long-term custody after Brexit, and how to obtain or oppose permission to relocate a child between France and the United Kingdom.
I. My Child Was Taken to France Without My Consent After Brexit — How Do I Get Them Back?
Two situations look alike but follow different clocks. If your child was living in England, Wales, Scotland or Northern Ireland and your former partner has taken them to France, or is keeping them in France after an agreed stay, you are dealing with a suspected wrongful removal, and speed is everything. If instead your child already lives in France and you disagree about a future move, you need the preventive shields described in section B and the relocation rules of Part II. This section covers the return case: the mirror situation, where a child habitually resident in France is being kept in the United Kingdom, works the same way in reverse before the English family court under the same 1980 Convention, and the British government publishes a dedicated guide for it at International parental child abduction.
A. Your ex took the children to France: the Hague return case, the one-year clock and the only defences a French judge accepts
Start with the English side of the question, because it decides whether there is a case at all. Under the official British rule, you must get the permission of everyone with parental responsibility for a child or from a court before taking the child abroad, and taking a child abroad without permission is child abduction. There is one narrow statutory exception worth knowing: you can take a child abroad for 28 days without getting permission if a child arrangement order says the child must live with you, unless a court order says you cannot. A child arrangement order is the English court order that says with whom the child lives. Outside that 28-day window, a unilateral move from the United Kingdom to France without the other parent’s written consent or a court order is, in principle, wrongful, and that wrongfulness is exactly what unlocks the Hague return machinery in France.
On the French side, the test is laid down in Article 3 of the 1980 Convention, in the authoritative English text published by the Hague Conference on Private International Law: The removal or the retention of a child is to be considered wrongful where – a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention. The Cour de cassation, the French supreme court for civil matters, applies this test strictly. In a judgment of 12 June 2025 it recalled, according to Article 3(b), removal or non-return is wrongful where it breaches a right of custody attributed by the law of the State of the child’s habitual residence immediately before the move, and, according to Article 5(a), custody within the meaning of that text includes the right relating to the care of the child and, in particular, the right to determine the child’s place of residence. In plain terms: if you share parental authority, your former partner cannot lawfully decide alone that the child’s home is now in France. French law reinforces the point, since both parents exercise parental authority jointly, and the same 2025 judgment confirmed that parental responsibility acquired jointly in France survives a later change of the child’s habitual residence to another country, because parental responsibility existing under the law of the State of the child’s habitual residence subsists after a change of that habitual residence to another State.
The procedure in France is faster than most British parents expect. You contact the French central authority, the département de l’entraide, du droit international privé et européen (DEDIPE) of the Ministry of Justice, at [email protected], or you call 116 000, the number dedicated to missing children and parental abduction, as explained on the official page Enlèvements internationaux d’enfants et droits de visite transfrontières. The file is then transmitted to the State Prosecutor near the court where the child is living, and the Prosecutor summons the abducting parent before the JAF. That is not theory: in the Peru–France return case decided on 2 July 2025, a State Prosecutor summoned the father before a family judge for that purpose on 16 February 2024. The same official page confirms that if you request the return, the procedure is at no cost to you where it is brought by the State Prosecutor, with legal aid available if you instruct your own lawyer and fall below the income threshold. If you live outside France, your request for emergency protection is handled by the civil mutual assistance office at the Ministry of Justice, the bureau de l’entraide civile.
Once seised, the French judge works against a one-year clock set by Article 12 of the 1980 Convention: where, at the date of the commencement of the proceedings, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith. After one year, return is still the rule, unless it is demonstrated that the child is now settled in its new environment. The Cour de cassation added two points that British parents often misunderstand. First, the Convention does not name the country of return, but the principle is the return of the child to the State of habitual residence immediately before the wrongful removal or non-return, with flexibility only to protect the child’s ties where the left-behind parent no longer lives in that State. Second, settlement after one year is a factual question about integration, not a reward for delay, and the return judge does not decide who should have custody in the long term: that decision belongs to the courts of the former habitual residence, whose jurisdiction is preserved.
Against a return application, only narrow defences exist, and French courts police them tightly. Article 13(a) covers the case where the left-behind parent was not actually exercising custody or consented afterwards. Article 13(b), the grave-risk defence, provides that return may be refused where there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. On 2 July 2025 the Cour de cassation quashed a refusal of return precisely because the appeal court had relied on the wrong reasons. It restated that exception to the immediate return of the child is possible only where there is a risk of serious danger or the creation of an intolerable situation, and held that by ruling on grounds incapable of establishing, having regard to the best interests of the child, the serious danger run by the child in the event of immediate return or the intolerable situation such a return would create, the appeal court violated that text. In that case the court of appeal had leaned on the child’s stated wish to stay in France, good school results and frequent school changes imposed by the mother: none of that, without more, amounts to grave danger. The lesson for a British parent is blunt. A child who says they prefer France, who is doing well at a French school, or who has spent a few unsettled years is not enough to defeat return within the first year.
The defence does succeed where genuine danger is proved and no protective arrangement exists. On 14 October 2021 the Cour de cassation upheld a refusal of return to Portugal where the mother and children had suffered violence from the father, noting that his living conditions on return were unknown and he had lost contact with every Portuguese support service for almost a year, so that it was not established that adequate arrangements had been made to ensure the protection of the children in the event of return. That judgment also quotes the former intra-European safeguard, Article 11(4) of the Brussels IIa Regulation: a court cannot refuse to return the child under Article 13(b) of the 1980 Hague Convention if it is established that adequate arrangements have been made to secure the protection of the child after return. Since Brexit that Brussels provision no longer operates between France and the United Kingdom, which makes the evidence of protective measures — a safe address, school and medical cover, non-molestation undertakings enforceable in England — even more decisive in a Franco-British file. A separate, independent ground is the child’s own objection: the authority may refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views. But the objection must be the child’s own, reasoned view, not a preference repeated under pressure, which is why the hearing of the child, described below, is handled with such care.
B. Emergency shields in France: the 15-day border block (OST), the judge-ordered travel ban (IST) and the criminal complaint
Sometimes you do not need a return order yet; you need the child stopped at the border tonight. French law gives you two protective tools with similar names and very different lifespans, and confusing them is the most common mistake British parents make. The first is the opposition à la sortie du territoire, the OST, an emergency border block. The official service-public.fr page Conflit parental sur la sortie du territoire d’un enfant mineur explains that where there is urgency you can have your minor child prevented from leaving French territory without delay, but you must be able to demonstrate that urgency. Either parent exercising parental authority can apply. In France outside Paris you file in person at the préfecture or sous-préfecture; if those offices are closed at night, at the weekend or on a public holiday and the journey is imminent, you go to the police station or the gendarmerie instead. Whichever counter takes your file, the préfet, the State’s representative in the département, studies it and decides, and you are informed of the decision immediately. If you, the applicant, do not live in France — the classic case of a British father or mother still living in Kent while the children are in Lyon — the request is handled by the civil mutual assistance office at the Ministry of Justice. Once ordered, your child is entered in the fichier des personnes recherchées, the wanted-persons file universally called the FPR, and flagged in the Schengen Information System, and after that entry your child can no longer pass a border post to leave French territory. The hard limit is duration: the OST remains valid for 15 days at most, and you cannot request an extension. Fifteen days is a breathing space to seise the judge, not a solution.
The lasting solution is the interdiction de sortie du territoire, the IST, ordered by the JAF. Article 373-2-6 of the Civil Code provides that the judge may in particular order that the child be prohibited from leaving French territory without the authorisation of both parents, and that this prohibition on leaving the territory without the authorisation of both parents is entered in the wanted-persons file by the State Prosecutor. You can request an IST inside proceedings that are already running — a divorce or a parental-authority case about contact and maintenance — or you can start fresh proceedings before the JAF by writ served by a commissaire de justice, the judicial officer formerly called the huissier de justice, or by simple application, including in urgent référé proceedings. You must show a genuine risk of abduction by the other parent: one-way tickets, a resignation letter, a house handed back, threats in messages, a sudden winding-up of the child’s French life. Be aware of the symmetry the system imposes: once the IST is in place, you too need the other parent’s authorisation to travel with the child. Duration is fixed by the judgment; if the judgment states no duration or end date, the IST remains valid until a new court decision or at the latest until the child reaches majority. Ordered inside a protection order for domestic violence, it lasts six months at most; ordered by a children’s judge as an educational assistance measure, two years; ordered urgently by the State Prosecutor, two months. To vary or lift it, you apply back to the judge. The same Article 373-2-6 arms the JAF with enforcement teeth that British litigants often underestimate: the judge may, even of his own motion, impose a financial penalty for non-compliance, an astreinte, to secure enforcement of the decision, and where a parent deliberately and gravely or repeatedly obstructs a custody or contact order, the judge can impose a civil fine of up to 10,000 euros.
The third shield is criminal law, and it matters in both directions across the Channel. Article 227-5 of the Criminal Code states that wrongfully refusing to hand over a minor child to the person entitled to claim them is punished by one year’s imprisonment and a 15,000-euro fine. This is the non-représentation d’enfant, the offence of withholding a child from the parent who holds the right to collect them under a court order. On 9 September 2026 the criminal chamber of the Cour de cassation restated the core of the offence: the first of those texts punishes wrongfully refusing to hand over a minor child to the person entitled to claim them. The facts of that case are a warning about precision: a mother refused handover on the summer-holiday changeover days, arguing that the father had missed a 24-hour collection window running from the Thursday the holidays began, while the appeal court preferred the usual practice of full weeks starting on Saturday. The Cour de cassation quashed the conviction on reasoning grounds, which shows that holiday schedules must be drafted with exact dates and times when one parent lives abroad — ambiguity benefits nobody and a criminal file helps nobody’s custody case. In practice, a complaint for non-représentation is filed at the police station or directly with the Prosecutor, and it runs alongside, not instead of, the civil return or custody proceedings. A conviction does not decide residence, but it creates an official record of obstruction that the JAF will weigh under the parental-aptitude criterion examined in Part II.
One final preventive reflex for lawfully planned travel: the autorisation de sortie du territoire, the AST, is the form signed by one parent allowing a minor to travel abroad with the other or alone, and where an OST or IST is in force the child cannot leave even with an AST. Keep copies of everything — consent letters with contact details and trip dates, as the British guidance recommends, school certificates, booking confirmations — because the parent who documents consent and cooperation is the parent the judge trusts.
II. We Live Between France and the UK After Brexit — Which Court Decides Custody and How Do I Move or Block a Relocation?
Return proceedings answer only one question: which country should hear the substance. The substance — where the child lives, how often the other parent sees them, whether a move from London to Lyon or from Bordeaux to Bristol is allowed — is decided under a framework that Brexit reshaped. Before 2021, the Brussels IIa Regulation allocated jurisdiction between Member States and made a custody decision from Manchester automatically enforceable in Marseille. Today the United Kingdom is a third State for the European regulations on parental responsibility, and Franco-British files run under the 1996 Hague Convention, completed by French domestic rules. Readers dealing with the money side of an English order should note that our companion guide on enforcing an English judgment in France after Brexit covers civil and commercial debts; custody and contact orders travel a different road, described here. Readers whose dispute sits inside a divorce about the family home should also read our guide on which matrimonial regime owns your house and what happens on divorce or death, and parents planning to bring wider family members to France should consult our guide on bringing a spouse and children under family reunification rules.
A. Which court decides and which law applies now that Brussels no longer covers the United Kingdom
The anchor is habitual residence, and the rule is simple to state and sometimes hard to apply. Article 5(1) of the 1996 Convention provides, in the official English text, that the judicial or administrative authorities of the Contracting State of the habitual residence of the child have jurisdiction to take measures directed to the protection of the child’s person or property, and Article 5(2) adds that in case of a change of the child’s habitual residence to another Contracting State, the authorities of the State of the new habitual residence have jurisdiction, subject to the divorce exception in Article 10. The Cour de cassation confirmed the hierarchy on 30 September 2020: under the first of those texts, the judicial and administrative authorities of the contracting State of the child’s habitual residence are competent to take measures for the protection of the child’s person or property, and where habitual residence lawfully changes to another contracting State, the authorities of the new habitual residence are competent. The same judgment explains why European Union instruments no longer settle Franco-British cases: the provisions of the Regulation, and in particular Article 8(1), take precedence over those of the Hague Convention only in relations between Member States. That case concerned Switzerland, another non-Member State; the reasoning applies identically to the United Kingdom. Habitual residence itself is a question of fact — where the child actually lives, goes to school, has doctors, friends and family life — not of passports or parental wishes, and a lawful joint relocation moves jurisdiction with it, while a wrongful removal, as Part I showed, preserves the jurisdiction of the courts of the former habitual residence.
Once competent, the French court applies its own law to the substance. Article 15(1) of the 1996 Convention states that in exercising their jurisdiction under the provisions of Chapter II, the authorities of the Contracting States shall apply their own law. Questions of who holds parental authority by operation of law are referred to the law of the child’s habitual residence: Article 16(1) provides that the attribution or extinction of parental responsibility by operation of law, without the intervention of a judicial or administrative authority, is governed by the law of the State of the habitual residence of the child, and such responsibility subsists after a change of that habitual residence to another State. On the British side of the mirror, the United Kingdom gave effect to the 1996 Convention through the Parental Responsibility and Measures for the Protection of Children (International Obligations) Regulations 2010, published at legislation.gov.uk, so both countries work from the same jurisdictional grammar even though Brussels no longer speaks for London.
Inside France, the competent judge is the JAF of the place where the family lives, or, where the parents live apart and exercise authority jointly, the judge of the place where the parent with whom the children habitually live resides. Article 1070 of the Code of Civil Procedure states that the territorially competent family judge is the judge of the place where the family residence is located; where the parents live separately, the judge of the residence of the parent with whom the minor children habitually live where authority is exercised jointly. The JAF then fixes the child’s residence — alternating between the two parents or with one of them — since the residence of the child may be fixed alternately at the home of each parent or at the home of one of them, and settles contact rights for the other parent, which may in difficult cases be exercised in a supervised meeting place by specially reasoned decision.
Recognition across the Channel follows the same Convention. Article 23(1) provides that the measures taken by the authorities of a Contracting State shall be recognised by operation of law in all other Contracting States, with refusal possible only on limited grounds such as lack of jurisdiction, failure to hear the child in breach of fundamental procedural principles, or infringement of someone’s parental responsibility without a hearing. A French court recently applied exactly this method when asked to declare enforceable a foreign order settling custody and contact: the tribunal judiciaire of Paris recalled on 10 June 2026 that judgments rendered by foreign courts are enforceable on the territory of the Republic in the manner and in the cases provided by law, verified the indirect jurisdiction of the foreign court, compatibility with French international public policy in substance and procedure, and the absence of fraud, then applied the rule that measures taken by the authorities of a Contracting State are recognised by operation of law in the other Contracting States. An English custody or contact order therefore enters France through exequatur proceedings before the tribunal judiciaire — in Paris, before the Paris court — rather than by automatic circulation, and the same road carries a French JAF order toward recognition in England. Expect the French judge to check jurisdiction, public policy and fraud, and to refuse recognition only within the Convention’s closed list.
B. Getting — or blocking — permission to relocate with your child between France and the United Kingdom
Relocation is where procedure meets real life: a new job in London, a new partner in Toulouse, ageing parents in Leeds, a child’s bilingual schooling. French law gives neither parent a veto in words, but in practice a move abroad that empties the other parent’s contact rights of substance will be refused unless the file is built properly. The JAF decides using a statutory checklist. Article 373-2-11 of the Civil Code provides that when ruling on the terms of exercise of parental authority, the judge takes into consideration in particular: 1° the practice previously followed by the parents or agreements they previously concluded; 2° the feelings expressed by the minor child under Article 388-1; 3° the aptitude of each parent to assume their duties and respect the rights of the other; 4° the result of any expert assessments, taking account of the child’s age; 5° information gathered in any social enquiries; 6° physical or psychological pressure or violence exerted by one parent against the other. Every relocation file should be assembled against these six points: prior involvement of each parent, the child’s own words, your demonstrated respect for contact, expert or school evidence, social enquiry material, and any history of violence, which the 2021 grave-risk judgment shows can be decisive.
The child’s voice carries real weight but is never a delegation of the decision. Article 388-1 of the Civil Code states that in any proceedings concerning them, a minor capable of discernment may be heard by the judge, that this hearing is a matter of right where the minor so requests, and that the judge must verify that the child was informed of the right to be heard and assisted by a lawyer. On 12 June 2025 the Cour de cassation quashed an appeal judgment that had refused to hear a seven-year-old on the ground that five handwritten lines about events could not justify hearing a child far too young: the court recalled that under the first of those texts, in any proceedings concerning them, a minor capable of discernment may be heard by the judge, and that where the request comes from the parties, refusal is allowed only if the judge considers the hearing unnecessary to decide the case or contrary to the child’s interests. A judge cannot wave away a hearing with an age threshold; discernment must be assessed individually. Prepare your child honestly: the hearing is a conversation with the judge, alone or with a lawyer, not an examination, and it never makes the child a party to the case.
To obtain permission to move a child from France to the United Kingdom, or to block your former partner from moving them from the United Kingdom to France, build the same file from opposite sides. The relocating parent should show a concrete, funded plan — employment or enrolment, housing, school places, medical cover, language arrangements — plus a realistic contact proposal that preserves the other parent’s place: long holiday blocks, video contact rhythms, shared travel costs, and written undertakings that an English court can enforce. The parent opposing the move should show rootedness — schooling stability, friendships, medical follow-up, extended family — and, where relevant, obstruction or violence, because aptitude to respect the other’s rights is an express statutory criterion. Where the parents agree, put the consent in a dated letter with both parties’ contact details and the exact trip or move details, as the British guidance recommends for travel; where they do not, the parent in France seises the JAF before the move, requests an IST if departure looks imminent, and asks for residence and contact to be fixed on the assumption the child stays. The parent in England applies to the family court for a prohibited-steps or specific-issue order in mirror fashion. After judgment, circumstances can reopen everything: a new job, a remarriage, a teenager’s settled opposition, or a parent’s repeated obstruction all justify seising the JAF again to vary residence, contact or the travel ban, and appeal lies against first-instance orders, with cassation policing exactly the errors this guide has illustrated — a grave-risk finding without grave danger, a refused child hearing without individual assessment, or a criminal conviction built on an ambiguous holiday schedule.
Conclusion
A Franco-British custody dispute after Brexit is three cases in one: an emergency case measured in days, a jurisdiction case measured in habitual residence, and a welfare case measured in the six statutory criteria. In the emergency, act within hours — OST within fifteen days at most, IST from the JAF for the lasting ban, central authorities in both countries, and the State Prosecutor’s return summons at no cost to you — and remember that within the first year return is the principle and the defences are narrow, with the child’s preference alone never enough. On jurisdiction, habitual residence decides, the competent State applies its own law, and English and French orders cross the Channel through recognition under the 1996 Convention and exequatur, not through any surviving Brussels automatism. On relocation, the parent who documents cooperation, proposes workable contact and respects the process beats the parent with the louder grievance, and the child’s discerned voice is heard without ever being burdened with the decision. If your former partner has already left with the children, if a departure looks imminent, or if a move between France and the United Kingdom is on the table, take advice before positions harden: the first orders in the file shape everything that follows, and they are the hardest to undo.
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