Locked Up Abroad

[gearman 1]

WOW, and you are marrying a Filipina??? I feel bad for her. You are not even married yet and you're already belittling her country.

I feel bad for her.

VERY WELL SAID!

WOW, and you are marrying an american???? i feel bad for him also.

Because he is marrying or have already married a woman that cannot see what is right in front of her face.

i am not belittling my wifes country. i am simply stating that this so called FC is out dated and should be removed from the philippine law books. you should be happy that you now live in a country that allows a woman to think for herself and allows women to make decisions for themselves and a govt. which is not run by the catholic church.

i love the philippines "lady" and i hope to retire there someday.

However i can love the place and criticize its govt. at the same time cant I??????

[웃 910]

I don't see a real problem with this law beyond the complications that such a circumstance would cause. Is there any good way to handle a situation where a woman becomes pregnant from a man who isn't her husband? I know of an American family where some of the children had a different father and the husband raised those children as his own. Unless a married couple wish to dissolve the marriage because of infidelity, I don't see any more reasonable way but to have that child raised as a member of that family. Giving any custodial rights to the paternal father of the child would create all kinds of problems for that family, especially when there are siblings involved. IMO, dipping your oil stick into a married woman's engine doesn't automatically give you any potential custodial rights should the result bring forth a child. Even here in the U.S., having sex with a woman - married or single, doesn't necessarily give you custodial rights if a child is conceived. It's definitely a complicated issue that requires looking beyond the knee jerk, emotional responses.

You are missing the point because you didn't see the episode of Locked Up Abroad.

The filipina LEFT her husband but couldn't get a divorce (can't remember why).

She said her husband was crazy and jealous.

She fell in love with a British guy and lived with him. Did the whole relationship thing for a while. She was completely done with her husband and had been for a long time.

She got pregnant.

Two problems occurred:

1) The baby's father was not recognized as being the father. They said her filipino husband was the legal father.

2) The filipino husband was so raging mad and jealous that he had them arrested with a max sentence of around 10 or 15 years.

Edited June 30, 2011 by Lord Infamous

[gearman 1]

http://www.newsecuritybeat.org/2008/04/in-philippines-high-birth-rates.html

here is just one link that will help you pinoys here understand the situation your fellow contrymen or in

[gearman 1]

Another good quote: "'A no-brainer'" is what Professor Ernesto M. Pernia calls the choice made by Thailand, where the government reduced its population growth rate by handing out free contraceptives: "'If the Philippines had pursued what Thailand has done…we could be a net exporter of 3 million metric tons'" instead of 2 million tons short.

hell there is even a fellow pinoy that agrees with some of what i think!!!!

[one...two...tree 2,762]

in the US any man can fight for custodial rights of a child if he is proven by DNA that he is the pateranl father.

whether or not the woman is married or unmarried!!

For the majority of United States history, the court-established common law contained a general assumption that a child born during a marriage was the product of the husband and wife. This was so even if there was evidence proving otherwise, or if one or both spouses admitted that was not the case. But with recent advances in modern DNA testing capabilities, courts now have the means to establish true paternity.

Yet still, despite these advances, courts in Ohio and throughout the country continue to cling to the common law, often hesitant to award parental rights and child custody to a party outside the marriage. This recently changed in Kentucky when the state Supreme Court ruled that a man who fathered a child during an affair with a married woman was the father, and as such, that he deserved parental rights.

The case began when the man sought shared custody and visitation rights for the baby girl he fathered during the affair. The mother denied his request, and he filed a child custody case, which ultimately went all the way up to the state supreme court.

In a highly contested 4-3 decision, the court reversed an earlier ruling from 2008, which denied fathers any parental rights to children born out of affairs. In its decision, the majority affirmed the availability and reliability of DNA testing, stating that times have changed since the days when juries decided paternity challenges based solely on whether the child looked like the purported father.

The three-judge dissent disagreed with the majority, opining that the decision will serve to undermine the institution of marriage.

http://www.columbusfamilylawyerblog.com/2011/06/court-awards-custody-to-man-who-fathered-child-in-affair.shtml

[gearman 1]

Quote

For the majority of United States history, the court-established common law contained a general assumption that a child born during a marriage was the product of the husband and wife. This was so even if there was evidence proving otherwise, or if one or both spouses admitted that was not the case. But with recent advances in modern DNA testing capabilities, courts now have the means to establish true paternity.

Yet still, despite these advances, courts in Ohio and throughout the country continue to cling to the common law, often hesitant to award parental rights and child custody to a party outside the marriage. This recently changed in Kentucky when the state Supreme Court ruled that a man who fathered a child during an affair with a married woman was the father, and as such, that he deserved parental rights.

The case began when the man sought shared custody and visitation rights for the baby girl he fathered during the affair. The mother denied his request, and he filed a child custody case, which ultimately went all the way up to the state supreme court.

In a highly contested 4-3 decision, the court reversed an earlier ruling from 2008, which denied fathers any parental rights to children born out of affairs. In its decision, the majority affirmed the availability and reliability of DNA testing, stating that times have changed since the days when juries decided paternity challenges based solely on whether the child looked like the purported father.

The three-judge dissent disagreed with the majority, opining that the decision will serve to undermine the institution of marriage.

Well done.

but one can still fight!!!!!

[tallcoolone 102]

I just watched the show, If it's true then the lady is a POS for leaving her 2 kids behind in Philippines........

[gearman 1]

I just watched the show, If it's true then the lady is a POS for leaving her 2 kids behind in Philippines........

hi tallcoolone

in most cases i would agree with you and everyone here in this forum would agree with you.

if her husband was a crazy and scary as they portrayed then perhaps he may have had the children

turned against their mother.

hell for me here in america i have been estranged from my children for the past two years because of their mother.

ever since our divorce she has brain washed the kids.

and only because i fought for the right to see my kids through the court system i have been able to see my kids lately.

but it has been hard, they dont have any respect for anyone except their mother. but i am not giving up i will do my best to break the cycle of indoctrination.

so not every case is cut and dry

[ezzie 7]

ahhhhh so i understand that you want facts provided by the phillipine govt.????????

what makes you think they will ever tell the truth???

most govt. officials in the phils say only what they are paid to say!!!!!!

this i have seen and experienced

much more reliable than any philippine agency statistic

Well, I asked because you gave a figure based on experience, and could be misleading, and of course not more reliable, as if you've seen everything in the Philippines. Filipinas like us, can't even exactly say, and we grew up here, that's why I had to ask.

[magdasal 19]

I got a chance to record and watch that show...thanks to the OP for the heads-up.

I agree with those who believe this area of law is fairly messed up in the Philippines. My wife told me about this law after we were married...as yet another reason she would never think of cheating She told me that I could have her thrown in jail if she did. I highly doubt, though, that this law applies to foreign husbands as it does to indigenous filipino husbands...either way, I would never be tempted to resort to that law...I would just instantly divorce her if it came to that.

The show was high on drama...but of the 'made for TV' kind. There were several important things that were skipped or glossed over (probably due to the short nature of the program) that didn't make much sense to me...like how his wife got a UK visa while they were out on bail and seemed to get no help from the Embassy. They avoided explaining where the couple were headed to as they flew out of the Philippines.

I really got the feeling that the story, as presented in the show, left a lot out and tried to artificially boost the drama aspect...like most TV shows. I'd like to read the full, written account sometime to get a better idea of what happened.

[웃 910]

I got a chance to record and watch that show...thanks to the OP for the heads-up.

I agree with those who believe this area of law is fairly messed up in the Philippines. My wife told me about this law after we were married...as yet another reason she would never think of cheating She told me that I could have her thrown in jail if she did. I highly doubt, though, that this law applies to foreign husbands as it does to indigenous filipino husbands...either way, I would never be tempted to resort to that law...I would just instantly divorce her if it came to that.

The show was high on drama...but of the 'made for TV' kind. There were several important things that were skipped or glossed over (probably due to the short nature of the program) that didn't make much sense to me...like how his wife got a UK visa while they were out on bail and seemed to get no help from the Embassy. They avoided explaining where the couple were headed to as they flew out of the Philippines.

I really got the feeling that the story, as presented in the show, left a lot out and tried to artificially boost the drama aspect...like most TV shows. I'd like to read the full, written account sometime to get a better idea of what happened.

They said in the show (if I am not mistaken) that they bought a fake visa and used it to get through customs to fly to the UK...She is still a fugitive in the Philippines and I am not sure how legal she is in the UK?

My memory is a little fuzzy but at least that is what I can recall. It also explains why she can't see her kids that her psycho women beating husband has custody over (someone earlier said they couldn't believe how she has no contact with her kids)...

It is generally a really good show but this was by far the worst episode I have ever seen out of a good 20...

Edited July 2, 2011 by Lord Infamous

[chinese_mutt 11]

It's not a no-brainer law, every bill signed into law has been deliberated and studied upon carefully.

Let's not looked down upon the girl or the fact that she graduated in a good school in the Philippines yet committed the mistake. To err is human. Not every Filipina knows about all the 257 articles of the Family code, that's a hard thing to do. LOL! PEACE OUT!

agree! even the law students have hard time memorizing all of these. :-)

It's not a no-brainer law, every bill signed into law has been deliberated and studied upon carefully.

Let's not looked down upon the girl or the fact that she graduated in a good school in the Philippines yet committed the mistake. To err is human. Not every Filipina knows about all the 257 articles of the Family code, that's a hard thing to do. LOL! PEACE OUT!

agree! even the law students have hard time memorizing all of these. :-)

[gearman 1]

agree! even the law students have hard time memorizing all of these. :-)

agree! even the law students have hard time memorizing all of these. :-)

even philippine law students know bull ####### when they see it

Edited July 6, 2011 by gearman