A mother is exiled to Peru without her three children

Can an unregistered parent be deported from France without their children? However, in the case of Jacqueline Carmen Odante Montora, a mother was airlifted to Peru on June 1, from where she arrived. His three children, aged 7, 17 and 22, were in France with their father, also without a residence permit.

Who was a nurse in Peru “She arrived in France three years ago and her children joined her with their father last January.” Matthew Fradelliji, president of the Federation of Parents Council at the Buffalo Elementary School in Montreux – where the youngest 7-year-old is educated – and a local representative of the Education Without Borders Network (RESF). The children have since lived with their mother and her new partner in Montreux (Hautes-de-Sain), south of Paris, where two young children attend school. The father, who lives in Montreal, east of the capital, mentions the student’s parents.

A conflict, then an OQTF

But, in February, after an argument with the police, the mother and her companion were taken to the police station. Since the mother has no residence permit, Hauts-de-Sain prefecture informs her of her obligation to leave French territory (OQTF). He was then placed under house arrest at his home and had to come to the police station every week to check in. That’s what he does according to the RESF. During one of these check-ins, on May 5, he was arrested and sent to the Mesnil-Amelt administrative detention center.

A first deportation attempt was made on May 10, but it was not carried out, Jacqueline Carmen Odante Montora refused to test a Covid identification. But on June 1, after 30 days in detention, he flew to Lima “Not being able to say goodbye to his children and loved ones or take money and personal influence”Says an RESF petition. “The kids are living with their dad, Matthew Fradeljie added, who is organizing an association on Friday, June 10th. We get a lot of messages from parents of students who are shocked that we canTake a mother away from her children. A

“We have no right to separate a child from his parents”

“I do not know of this case, but the general principle is the same, that the European Convention on the Rights of the Child does not allow an established family to be separated under the principle of the right to family life. Response of Jean-Franোois Martini, Justice of Gist, an association of experts in foreign law. It is also an attack on the need for the International Convention on the Rights of the Child to ensure that the best interests of the child prevail over all other considerations, which are obviously living with the mother. A

“We have no rightsSeparating a child from his or her parents is an illegal practice that goes against the right to a family which is a constitutional value. “ Melanie Louis, who is in charge of eviction issues in La Simede, added.

Join by ExceedHauts-de-Seine Prefecture has not yet been able to explain itself.

Not the first time

“It’s inhumane, but unfortunately this is not the first time. Armel Guardian of RESF 92 considers for its part. There, it marks the spirits because it is a mother, but there are several examples of fathers who were expelled without their children. A We thus find signs of the expulsion of one father in Georgia in March 2022 without a child and two fathers in Armenia and Albania in 2021.

“In fact, it’s very difficult to defend yourself effectively because it means getting advice very quickly, Melanie picks up Louis. The OQTF should have been challenged within 48 hours, but since the woman was under house arrest, she probably did not have timely access to any association as she was in each detention center. A

Due to the Peruvian mother being stuck after this period, it was probably too late for an administrative judge to test the OQTF. If he had previously had access to a lawyer, he could have argued before the independence judge – who decides on the validity of the detention – that the mother of the family has provided the necessary representation guarantee (valid passport and specific address) without having to lock up.

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