I will not give her back to you a Charente

“I will not give her back to you”: a Charente mother faced with child non representation Charente Libre

Bust

She said she put a lot of good will into it. They lived together for eight years, in the Paris region, then in Cognac. He came from the construction industry, she was an educator. She “worked like crazy, managing the household and the kids.” The couple separated in 2020. She took the children to Nantes a few times. In the summer he even took her on vacation to Portugal. “And in May 2021 he left the territory, never came to see his children,” says the mother. “There were irregular telephone contacts via video or call”. However, they “decided by mutual agreement that the children would spend a fortnight in Portugal last Christmas. I even offered another week because they haven’t seen their dad for a long time.”

He didn’t bother with two, didn’t give anything for years. It is even the CAF that pays the pension!

She had not expected the explosion that destroyed her. “Otherwise I would never have entrusted my children to her.” Nor did she expect that he would “sue me for abuse and neglect. Coming from him, it could make you laugh,” says Élodie. “He didn’t bother with two, didn’t give anything for years. It is even the CAF that pays the pension! “She had just” felt something in her stomach when I put the children down. He was with his girlfriend. That calmed me down.” Since then, no one has answered her phone. The contacts to the children are isolated, refined.

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Élodie, who has rebuilt her life, who has settled in Hiersac with her partner and children, who is expecting twins, understood that he wanted to make her pay for the separation. “I’m proactive. He uses children for that. She understood that her daughter was also angry with her because of the breakup. That she thought her daddy left her. “She verbalizes it. She wants to live with him. Élodie is particularly worried about her little brother. “He was only two years old when his father left. she felt it. His son has changed, looks uncomfortable on the visios. “I feel disturbed. I can’t hear his smile on the phone anymore,” Élodie says, stifling a sob.

She filed a complaint. She knows that without a court decision, parental authority is shared, that the father has rights. But she also knows that the children’s habitual residence in France is that they have always lived with her. “It’s clearly a subtraction,” she says. She no longer knows what her children are doing “if they should be here at school”. She has the children’s ID cards, the family booklet. She is now waiting for an appointment in Angoulême. “I’m sure he won’t come.”

Émilie Lagarde, his lawyer, shares his opinion. “There’s no chance he’ll come, but the main thing is to have a judgement. He has as many rights as they do over the children,” she admits. However, the texts also indicate that refusing to return the child to his usual home constitutes “parental abduction”, a non-representation of the child. But resolving disputes is always difficult. Even with a quick judgment, “the difficulty is in executing it,” Me Émilie Lagarde points out. “It depends on the agreements between the countries. The fact that we are in Europe makes things easier. “Most importantly,” she points out, “we are measuring the utility of engaging the family court judge once the separation has taken place. It can be recorded without conflict if everything is in order. We act in a situation”. By taking the lead.