Is she lying to me

[anthill 5]

Hi Everyone,

I hope someone can tell me the truth. My now ex-fiance had no problem getting her marriage annuled.

She has an 8 year old daughter. She told me that her ex-husband won't allow her to take her daughter

with her so she decided to stay in the Philippines. Could she have brought her daughter

without her ex-husbands consent? Thanks

[sara..... 371]

Hi Everyone,

I hope someone can tell me the truth. My now ex-fiance had no problem getting her marriage annuled.

She has an 8 year old daughter. She told me that her ex-husband won't allow her to take her daughter

with her so she decided to stay in the Philippines. Could she have brought her daughter

without her ex-husbands consent? Thanks

as far as i know if the father refuses to give permission for the child to leave the country then the child can not leave the country

sara

[FrancElsie 6]

Hello...

Without the consent of the father, taking a child from the country is difficult due to Child Protection Laws. BUT, it is not impossible for her to bring the child. She could pursue "abandonment/non-support" issues IF the father is not complying with child support/visitation orders. A legal process is begun to have the father's rights vacated and sole parental rights given to the mother...could be long and costly for you. Short of that, I know of no other legal way to take a child from their country.

Good Luck,

Franc

PS Perhaps the mother changed her mind for other reasons and is using this as a convenient excuse to spare your feelings???????

[payxibka 10,047]

Hi Everyone,

I hope someone can tell me the truth. My now ex-fiance had no problem getting her marriage annuled.

She has an 8 year old daughter. She told me that her ex-husband won't allow her to take her daughter

with her so she decided to stay in the Philippines. Could she have brought her daughter

without her ex-husbands consent? Thanks

Depends on the law of the land.... you need a PI specific answer.... but in many cases/countries short of a judicial order, it is very true

[Tahoma 2,292]

Depends on the law of the land.... you need a PI specific answer.... but in many cases/countries short of a judicial order, it is very true

You should post this thread in the Philippines forum.

[SuperDuper! 230]

You should post this thread in the Philippines forum.

Maybe one of the handy organizers could do it....

[inloveVEN 46]

Hi

It is not only be based on USA Laws, it also will be based on Phillipines law. In many countries you need both parents authorization to leave the country ( by air, land or sea). So first she needs to convince him to do that or start a strong legal process with minimal probabilities to win the case ( she must prove something like p.e. he is a criminal, or a someone with no moral aptitude, etc ) and later because of the international agreement he can start a process in USA that allow him ( with an USA court order ) to bring his daughther back as Philippines citizen that she really is.

[SMOKE 1,426]

Hi Everyone,

I hope someone can tell me the truth. My now ex-fiance had no problem getting her marriage annuled.

She has an 8 year old daughter. She told me that her ex-husband won't allow her to take her daughter

with her so she decided to stay in the Philippines. Could she have brought her daughter

without her ex-husbands consent? Thanks

nope. she is being straight with you. it sounds like she is a great lady & a better mother. maybe you can convince her ex that the daughter would have a better life here & get him to change his mind. it can happen, another VJer did it about a year or so ago. don't give up on her, she did do the right thing.

[SunDrop 59]

Moved from K-1 Fiance(e) Visa Process & Procedures to PI regional forum, as per thread discussion.

[Advanced Aardvark 82]

Hi Everyone,

I hope someone can tell me the truth. My now ex-fiance had no problem getting her marriage annuled.

She has an 8 year old daughter. She told me that her ex-husband won't allow her to take her daughter

with her so she decided to stay in the Philippines. Could she have brought her daughter

without her ex-husbands consent? Thanks

You probably do need a written and notarized consent document from the father. Is it possible that the father wants something, and this is leverage for his negotiations?

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

Philippine Law is quite different from U.S. Family Law in that mother by default has sole legal custody of the child (see below). However, that doesn't mean that your fiancee is not telling the truth. If her ex-husband doesn't want his child to leave the country, she may be showing him respect because culturally, such bonds of family are not easily broken. So unless he abandoned the child and was no part of the child's life, I wouldn't push the issue with your fiancee. Perhaps you could fly over there and meet with the ex-husband and ask him to reconsider (respectfully)?

Philippine e-Legal Forum

What is the general rule as to custody over children?

The general rule is that a child under seven years of age shall not be separated from his mother, which is based on the basic need of a child for his mother's loving care. Article 213 of the Family Code provides that "[n]o child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise." This is more pronounced in case of illegitimate children, as the law expressly provides that illegitimate children shall be under the parental authority of their mother.

Is this rule absolute?

This rule is not absolute. Even a mother may be deprived of the custody of her child who is below seven years of age for "compelling reasons." Instances of unsuitability are neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness. Negligent and careless failure to perform the duties of parenthood is a significant element of abandonment, regardless of actual intention. A strong basis for a finding of the parent's abandonment of his or her child is found in the case where the parent has left the child permanently or indefinitely in the care of others, given it to another, or surrendered it entirely.

http://jlp-law.com/b...-child-custody/

Edited June 15, 2010 by El Buscador

[toma1 10]

Hi Everyone,

I hope someone can tell me the truth. My now ex-fiance had no problem getting her marriage annuled.

She has an 8 year old daughter. She told me that her ex-husband won't allow her to take her daughter

with her so she decided to stay in the Philippines. Could she have brought her daughter

without her ex-husbands consent? Thanks

It is almost certainly true that you cannot bring a child out of the country without the other parent's consent. That is only fair to the other parent (and the exact same thing is true in the US, by the way).

The bigger issue is: If she is your ex-fiancee, why are you concerning yourself about this? Move on with your life rather than dwelling on the past. Even if the story is technically true, she may have used it as an excuse for cold feet. Or the ex- might not really have had an objection. There is no way to know what you really want to know ("Why did she break off the relationship?") by asking us if she didn't tell you herself.

[toma1 10]

Philippine Law is quite different from U.S. Family Law in that mother by default has sole legal custody of the child (see below). However, that doesn't mean that your fiancee is not telling the truth. If her ex-husband doesn't want his child to leave the country, she may be showing him respect because culturally, such bonds of family are not easily broken. So unless he abandoned the child and was no part of the child's life, I wouldn't push the issue with your fiancee. Perhaps you could fly over there and meet with the ex-husband and ask him to reconsider (respectfully)?

http://jlp-law.com/b...-child-custody/

OK, first, that applies to a "child under seven".

Second it simply states that a child under seven child cannot be separated from the mother. It doesn't address the father's rights in any way, and certainly not in the situation described by the OP. The fact that the law underscores the mothers right to a child under seven, does not negate the father's rights and responsibilities for a child that is eight years old. In my opinion, the entire passage is irrelevant to the situation at hand.

[rheanick 42]

Hi Everyone,

I hope someone can tell me the truth. My now ex-fiance had no problem getting her marriage annuled.

She has an 8 year old daughter. She told me that her ex-husband won't allow her to take her daughter

with her so she decided to stay in the Philippines. Could she have brought her daughter

without her ex-husbands consent? Thanks

Yes, if she has the custody of her child. You could verify the agreement on her annulment paper. Based on your post, it seems that the father has a hold on her kid.

[William33 110]

A good Father should have rights regarding their children, irrespective of origin. Who would argue that?