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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Does the Children Act have any relevance where their British

Customer Question

Does the Children Act have any relevance for children where their British parents who have lived in France for the last 14 years, have their only home there, have businesses there, pay tax there, receive medical care there and who have educated their children within the French system there and who are now divorcing probably there?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old are the children and why do you think it might be relevant?

Customer: replied 1 year ago.
The children are 15, 13, & 11. Because the Children's Act is being referred to in the divorce papers that have been served through the English Court although our solicitors in England and France believe that jurisdiction should be in France. If this is agreed, I need to know what if anything is the relevance of the referral to the Children's Act in the UK papers.
Expert:  Clare replied 1 year ago.

What has actually been said?

Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I do not have the UK divorce papers with me but there is a reference to the Children's Act in them. I merely need to have my assumption confirmed that if the challenge to the jurisdiction results in the case being heard in France, any reference to the Children's act will be irrelevant.
Expert:  Clare replied 1 year ago.

The reference in the form is not relevant in this case at all.

The divorce (including the financial provisions) can be dealt with in the UK - but if there is a disagreement about the physical arrangements for the children

then they MUST be dealt with in France under French law.

Please ask if you need further details