A HEARTBROKEN Hamp-shire mum has lost a cross-Channel custody battle to keep her five-year-old son.

Vicky Donaldson has been told that her youngest son Tommy will not be allowed to return home to Southampton, but must stay with his British father who is living in France.

Today the full-time mum-of-four said she planned to appeal against the French court ruling, but it will take at least a year before the case will go back before the courts.

Speaking from her home in Manor Farm Road, Bitterne, Mrs Donaldson said: "I am absolutely broken-hearted.

"I have no idea when I and Tommy's brother and sisters will see him again.

"No child should be separated from his mother unless there is a problem.

"I am a good, loving, responsible parent who has run toddlers groups before.

"Tommy doesn't speak French and wanted to stay in Britain - he is absolutely distraught."

Mrs Donaldson and her husband Alastair, together with Vicky's three children from a previous relationship, had emigrated to the Vendee region on the Atlantic coast of France in February 2002 to start a new life.

However the relationship didn't work out and the couple separated while on holiday in England in August 2003. Mrs Donaldson, 38, decided to stay in Southampton while her 41-year-old husband, who owns a cleaning business in the city, returned to France.

In August last year Tommy went to stay with his father in France for two weeks and while he was there, Mr Donaldson successfully applied for a temporary residence order.

Distraught, Mrs Donaldson sought legal advice, eventually finding a lawyer based in the Vendee to represent her, who managed to get a court order permitting Tommy to return to Southampton for school holidays.

The youngster came back to Southampton in the summer holidays last year during which time the order lapsed and Mrs Donaldson decided not to return him.

The High Court ruled that in doing so she had broken the Hague Convention - a law drawn up more than 20 years ago to stop children being moved out of a country without one parent or guardian's permission - and she was ordered to return Tommy to his dad while the French courts decided who would have permanent custody.

Mrs Donaldson, who lives with her other three children - Jody, 15, Lucy, 13 and 11-year-old Jamie, says she was told not to attend the court case held in La Roche Sur Yon last week.

"I was ready, willing and able to go across but I was told by my solicitor that it would be pointless because they would not even let me into the court.

"I have no idea why the judge has ruled that Tommy must live in France and I must now wait for a translation of his judgement which could take a month or more."

Mrs Donaldson added: "Tommy had started at the local school and settled in brilliantly and loved it.

"He couldn't bear to think about going back to France. Neither could my other children. They are all incredibly close.

"I intend to appeal against the decision and apparently I need to write to the judge directly to do that.

"However, it will be at least another year before an appeal is heard."

In October last year Mr Donaldson said: "Vicky wanted to live in France but then decided she didn't like it so she moved back to England.

"My son was living in France. I took him back there to a home he was used to living in and put him back in a school he was used to.

"She broke a French custody order. It has now been upheld in this country and quite rightly so."