My daughters father was awarded sole custody of our daughter in Virginia in 2000. Court felt I was not credible and chose to believe every accusation he made against me. I told the court he would send he to France - judge did not believe me.
I must be psychic because September 2001 he sent her to France (she was 3 1/2 at the time). She was enrolled into public school in Saverne France and has been living with her paternal grandmother for the last 4 years. She spends 10.5 mo per year in France and vacations 1.5 in the US.
Her father has been sending fraudulent letters to the court in VA pretending she resides in the United States with him to collect child support from me. The fact is that he wanted custody so he did not have to pay me child support. I did not see my daughte for 2 years, until last summer I located him in DC, had him served and was awarded interim visitation.
During our vacation together, my daughter was interviewed by a French interpreter. (she does not speak English). She said she has always lived in France, and many other things they told her about me.
I notifed the courts twice that her father did not notify the court of her residence and sent several fraudulent letters. The problem is that the new judge in DC did not review the facts. She allowed my daughter to return to Fr for "school" her father promised to bring her back January 2006.
I will never win custody in The united States.
I intend on going to France this winter and taking custody of my daughter in France and exercising my rights of custody privileged to me under French law. (there is no legally binding custody order in effect in France. As her mother, I automatically have de jure rights of custody.) My daughter is a habitual resident and citizen of FR The Hague Convention is irrelevant as her father never abducted her and 12 mo window period expired three years ago.
Friedrich vs Friedrich - Most Significant Hague Ruling
US Federal law says that her fathers "future intention" to return her to the US has no bearing on the concept of habitual residence. Rights of Custody originate from the nation where a child habitually resides, this is a matter of fact not a matter of law. French Habitual Residence is easy to establish. The Fact is that both judges do not know, other than my letters, how long she has been living there.
He father will go to the judge and claim I abducted her. I will have to go to the judge in VA, ask for child support to be dismissed, and notify her that I have initiated custody proceedings in France. The fact that the court did not know she has been living in France does not alter the fact FR jurisdiction.
Father does not have the money to fight this anymore, and to win custody in France he will have to move back. (loosing his home, job, and will not make nearly as much in Fr. as in the US)
The judge is going to be P***ed off at my action in FR. I do not see how my actions is a violation of the custody order and I can proove he abandonned her. If I am ordered to return her to the US, I will have to notify the judge that she is ordering me to abduct my daughter from FR to USA in violation of French and International Law. What problems can you see in this case?