Requirements for children

[Tamakiz 0]

My fiance' lives in the philippines now, near Cebu. She just had her previous marriage "null and void" due to a bigimous marriage..its a long story but thats the statistics. They had a child who is almost 2 yrs old. He is named as the father on the birth certificate and the child has the fathers last name. My question is this. What documents does she need to bring her daughter along. I have heard many different things from her needing absolutely nothing, or her only needing a notarized document from the father granting his permission for the child to leave, to her needing the notarized document and also for the father to go to the Department of Foreign Affairs to sign something for the child to be able to get her passport. The reason i ask, is because the father is not especially helpful for fear of angering his wife. What is the bare minimum we will need from him for us to bring her daughter?

[sj5 4]

DSWD ISSUES AMENDED GUIDELINES ON TRAVEL CLEARANCE

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Social Welfare and Development (DSWD) Secretary Esperanza I. Cabral has issued amended guidelines which aim to simplify and shorten application and issuance of travel clearance for minors travelling abroad.

A travel clearance is a document issued by the DSWD to a minor who is below 18 years of age travelling abroad alone or with someone other than his parents. The travel clearance is issued as a measure to prevent child trafficking.

The guidelines set the validity period of a travel clearance for one (1) year from the date of issuance. The travel clearance shall be valid for multiple travels within the one year validity period, provided that the conditions under which the travel clearance was issued have not changed. If a change in condition occurs, like change of travelling companion, a new travel clearance must be obtained.

Secretary Cabral said that the amended guidelines should be a welcome development especially for frequent travellers.

The guidelines also identify the minors who are required or exempted from securing a travel clearance.

Based on the amended guidelines, a travel clearance is required for a minor travelling alone to a foreign country. A child accompanied by a person other than the parents also needs a travel clearance.

Exempted from obtaining a travel clearance are: 1. A minor travelling abroad whose parents are in foreign service or are living abroad provided, the child is holding a valid pass such as a dependent's visa, or permanent resident visa or card which can prove that the child is living with parents abroad; and 2. A minor travelling abroad with either parent or with his or her solo parent or legal guardian.

Secretary Cabral added that the Parental Travel Permit, which was a former requirement for a minor travelling with only one parent, is no longer needed.

A solo parent should show a photocopy of a solo parent identification card issued by the Municipal Social Welfare Office. For Muslim solo parents, a Tallaq or a Fasakh certification from the Shariah court or any Muslim barangay or religious leader should also be presented. Other acceptable proofs of solo parenthood are certificate of no marriage from the local civil registrar, death certificate or certificate of legal guardianship issued by the court.

Requirements for application of travel clearance are: duly accomplished application form; photocopy of the birth certificate or passport of the minor; a written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country; photocopy of the marriage certificate of the minor's parents, or certificates establishing solo parenthood; two colored passport size photos of the minors taken within the last six (6) months.

For subsequent travels, requirements are duly-accomplished application form, written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country, a photocopy of the previous travel clearance; and two colored passport size photos. Parents, legal guardian or a duly authorized representative may file the application at any DSWD field office. Application forms maybe obtained from any DSWD field office or maybe downloaded from the DSWD website (www.dswd.gov.ph). The DSWD collects a P300.00 processing fee.

The DSWD travel clearance may be obtained within three (3) working days from the DSWD Travel Clearance Unit where the application was submitted, provided all requirements have been fulfilled. (10 April 2006)

http://www.dswd.gov.ph/articledetails.php?id=304

Edited May 27, 2008 by SJ

[Tamakiz 0]

Well i have read, and re-read that. from what I understand, since my fiance' will be getting her certificate of CENOMAR (no marriage) she will be considerd to be a solo parent, and wont need anything special to bring her daughter. Is that right?

My second question applies to the passport. Because the child has the last name of the father, she was told she needs to have the father sign something for the application process.

Lastly, how long are RP passports valid for?

[mhay stewart 0]

hi i was also annuled in my first marriage. it depends on the annulent paper of your fiance whats the court decision. just like on my case im the only custody. so no need an authorization for the father of my daughter. i was also been in DSWD just to make sure everything will be ok. and they told me that if you are joint custody u have to get a authorization for the father of the kid but if not so no need. so better ask your fiance who is the custody if she is the only custody or they are joint custody

[mhay stewart 0]

once she get CENOMAR it will appeared there her prevoius marriage. regarding to her kid when she will apply passport she dont need a sign for her father. cuz when i applied passport for my daughter they only ask for her birth certificate and for my annulemnt paper thats it. passport in philippines valid for 5 years... hope this will help for you. good luck and god bless

[Tamakiz 0]

Her marriage was called "Null and Void" because the man she married had hid the fact that he was already married, and was still active in that marriage. He also went back to that family 100% after that. So its not a true annlment. The papers basically state, that she will go on as though the marriage never took place since it was an illegal marriage to start with. In the event that a woman gets pregnant in the philippines, and doesnt marry. Is it assumed that she has full custody even if the fathers name is on the BC?

hi i was also annuled in my first marriage. it depends on the annulent paper of your fiance whats the court decision. just like on my case im the only custody. so no need an authorization for the father of my daughter. i was also been in DSWD just to make sure everything will be ok. and they told me that if you are joint custody u have to get a authorization for the father of the kid but if not so no need. so better ask your fiance who is the custody if she is the only custody or they are joint custody

[Dakine 26]

Have her get the NSO CENOMAR [CENMAR]as it may still show her marriage.

[sj5 4]

hi i was also annuled in my first marriage. it depends on the annulent paper of your fiance whats the court decision. just like on my case im the only custody. so no need an authorization for the father of my daughter. i was also been in DSWD just to make sure everything will be ok. and they told me that if you are joint custody u have to get a authorization for the father of the kid but if not so no need. so better ask your fiance who is the custody if she is the only custody or they are joint custody

wow Philippines law

[mhay stewart 0]

yes for now all u have to do is ask your fiance to get CENOMAR so that it will all clear up all and see if her previous marriage is illegal.

[Tamakiz 0]

hi i was also annuled in my first marriage. it depends on the annulent paper of your fiance whats the court decision. just like on my case im the only custody. so no need an authorization for the father of my daughter. i was also been in DSWD just to make sure everything will be ok. and they told me that if you are joint custody u have to get a authorization for the father of the kid but if not so no need. so better ask your fiance who is the custody if she is the only custody or they are joint custody

wow Philippines law

hehe Philippines law is kinda an oxymoron isnt it? Joke lang! Seriously though. You can go from one office to another next door and get two completely different answers. SIGH! frustrating.

As for cenomar. The attourneys are going to the NSO personally to get the documents of CENOMAR themselves. Since waiting for it to get published on the website can take almost a year sometimes. I hope that document will be valid for our visa process.

[sj5 4]

it is true.

Edited May 27, 2008 by SJ

[ManilaIdaho 2]

Her marriage was called "Null and Void" because the man she married had hid the fact that he was already married, and was still active in that marriage. He also went back to that family 100% after that. So its not a true annlment. The papers basically state, that she will go on as though the marriage never took place since it was an illegal marriage to start with. In the event that a woman gets pregnant in the philippines, and doesnt marry. Is it assumed that she has full custody even if the fathers name is on the BC?

Her case is called "Declaration of Nullity of Marriage" and yes,it's not an annulment.i also had the same case,Bigamous Marriage.like her ex,i also found out that my ex has a previous marriage.You're right,she'll be declared single again.

In getting her child's passport,just bring the kid's BC and her annulment papers.If the custody is hers,no need to get any clearance from the DSWD.she'll be fine travelling with her kid.I also have kid,he's 12yrs old and he'll be going with me,the only difference is that my son already has a passport that will expire in 3yrs,we have just renewed his passport in 2006.

[Tamakiz 0]

Her marriage was called "Null and Void" because the man she married had hid the fact that he was already married, and was still active in that marriage. He also went back to that family 100% after that. So its not a true annlment. The papers basically state, that she will go on as though the marriage never took place since it was an illegal marriage to start with. In the event that a woman gets pregnant in the philippines, and doesnt marry. Is it assumed that she has full custody even if the fathers name is on the BC?

Her case is called "Declaration of Nullity of Marriage" and yes,it's not an annulment.i also had the same case,Bigamous Marriage.like her ex,i also found out that my ex has a previous marriage.You're right,she'll be declared single again.

In getting her child's passport,just bring the kid's BC and her annulment papers.If the custody is hers,no need to get any clearance from the DSWD.she'll be fine travelling with her kid.I also have kid,he's 12yrs old and he'll be going with me,the only difference is that my son already has a passport that will expire in 3yrs,we have just renewed his passport in 2006.

AHHHHHH Maraming salamat po! you have all put my mind at ease. The father is not being cooperative now. He was at first, but not any longer. Its not because of the child unfortunately, I think he is still in love with my asawa, and doesnt want her to leave. I was so worried that without his permission her daughter wouldnt be able to come with us. Honestly, I love my asawa to death, but i was not willing to break her away from her daughter just to be with me. I am a father myself, and I wouldnt leave my daughter for anyone else, I was not going to allow her to do the same. But alas, there is hope! We looked into the papers, the judge originally discussed custody of the child but seemed to forget about it in the final judgement papers. We will go back to the courts to find a decision to that. I am sure she will get custody. That being the case, our problems are solved!

Does anyone know though, does the US require a notarized document still from the father granting the child to come along for marriage purposes?