child custody

[mt2008]

Hi to all,

Could someone please give me a good lawyer to gain custody of my 6 year old boy.

My son and I moved to toulouse from algeria Nov 2007. He is in school and i have my carte de sejour touristique renewable each year. This year i havent received it yet since its missing the financial resources document.

My husband born in algeria, lives in Algeria, he is American and Algerian. he has odd jobs and supports us

My son born in algeria, has Algerian, American and Australian Passport.

I am Australian, no work in france, lives with my mother in law where she owns the house, and my husband partly owns also.

i dont want to make the wrong move and loose my chances for custody. i have no income but my husband is intending to sell his family property in algeria.

I want to divorce and go back to australia with my son, my husband doesnt know it yet.

is it true that the custody will be decided here in france where the child resides? i dont feel that i have any rights as an australian here.

Im also afraid that my husband will take our son to algeria then i can never take him out of there without paternal permission.

any advice is greatly appreciated,
many thanks

[frogblogger]

That's very complicated. Does your husband have long-term residence rights in France (he doesn't have French nationality as well?)

If neither of you have long stay rights in France, I'm not sure how French law can take precedence. As you say, you need to consult an expert. I know someone who used this law firm (in Paris), but they're not cheap, and you mention that you have no income at present.

(Edit - it is a practice that specialises in international family law)

[Bevdeforges]

I'd be kind of wary of going for custody and the right to take your son back to Australia while living in France. In the French divorce cases I know of, the tendency is to award joint custody - which means you would have to get the express permission of your husband (or ex) to take the boy outside of France.

As Frogblogger says, you're in a very complicated situation. And with the various international treaties on child kidnapping, it's going to be difficult anywhere to get the sort of custody where you could simply return to Australia with your son unless your husband is willing to relocate there, too.
Cheers,
Bev

[LindyLoo]

Assuming the child was born in Algeria and not France, surely Algerian law would come into the frame?

[AmericanErin]

I am very sorry to hear about your situation, I am an American married to Algerian and I have lived in Algeria, I do not know about French law, but I do know that if your husband were to bring the child back to Algeria you would have a very difficult time getting getting custody. I would contact the Australian Embassy and ask their advice.