Is she lying to me

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

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.

I've looked into this before but cannot find the exact laws, but according to Philippine law, the mother has sole legal custody of the children who has successfully had an annulment by default. An annulment by definition means the marriage never legally took place therefore making any children illegitimate.

But that's really beside the point as the OP's fiancee has decided to stay in the Philippines. However, if there was a Filipina who has an annulment, she will be the sole legal custodian of that child.

[toma1 10]

I've looked into this before but cannot find the exact laws, but according to Philippine law, the mother has sole legal custody of the children who has successfully had an annulment by default. An annulment by definition means the marriage never legally took place therefore making any children illegitimate.

But that's really beside the point as the OP's fiancee has decided to stay in the Philippines. However, if there was a Filipina who has an annulment, she will be the sole legal custodian of that child.

It is possible for a person to be a sole legal guardian and still not be allowed to remove the child from the country. (Even the same STATE in the US.)

[sara..... 371]

It is possible for a person to be a sole legal guardian and still not be allowed to remove the child from the country. (Even the same STATE in the US.)

im not an attorney but i would think that it depends on what the court order giving you the legal guardianship stated on it about relocating with the child.

sara

[toma1 10]

im not an attorney but i would think that it depends on what the court order giving you the legal guardianship stated on it about relocating with the child.

sara

In the US it does in the affirmative only. The default is that you cannot.

In the US children under 16 need BOTH parents signatures in order to get a passport at all.

Edited June 15, 2010 by toma1

[sunandmoon 450]

for anyone interested, here's a link to the Family Code of the Philippines.

http://www.chanrobles.com/executiveorderno209.htm

[toma1 10]

Art. 54. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate.

Art. 49. During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall provide for the support of the spouses and the custody and support of their common children. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided to in Title IX. It shall also provide for appropriate visitation rights of the other parent. (n)

Art. 210. Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. (313a)

Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

Art. 212. In case of absence or death of either parent, the parent present shall continue exercising parental authority. The remarriage of the surviving parent shall not affect the parental authority over the children, unless the court appoints another person to be the guardian of the person or property of the children. (n)

[Pinay Wife 47]

Good research work you've done for the Philippine forum, toma1, considering that your fiancee is from Thailand.

[toma1 10]

Good research work you've done for the Philippine forum, toma1, considering that your fiancee is from Thailand.

Thanks, but it wasn't difficult after sunandmoon posted that helpful link.

[Filipinawife0210 15]

SOME RESTRICTIONS ON THE RIGHT TO TRAVEL OF FILIPINOS

I. Minority- for the travel of unaccompanied minors, a Travel Clearance must be issued by the Department of Social Welfare and Development (DSWD) and presented to the Immigration Officer prior to departure.

A travel clearance is required and shall be secured from the DSWD by the following Filipino citizens:

1. A minor traveling alone to a foreign country;

2. A minor traveling to a foreign country accompanied by a person other than his/her parents.

3. A minor who is the subject of ongoing custody battle between parents will not be issued a travel clearance unless a Court Order is issued to allow the child to travel abroad with either one of his/her parents or authorized guardian.

E X C E P T I O N S:

1. Under special circumstances where a minor whose parents are in the Foreign Service or living abroad as immigrants provided he/she possesses a proof that he/she is living with parents abroad and their travel does not constitute child trafficking.

2. A minor traveling to a foreign country with both or either parents or with his/her legal guardian. Solo parenthood or legal guardianship may be proved by:

A photocopy of the solo parent identification card from the Municipal Social Welfare and Development Office; or

A photocopy of a certification from the local Social Welfare and Development Office of being a solo parent or Tallaq or Fasakh certification from the Shariah court or any Muslim barangay or religious leader; or

In the case of an illegitimate child, a certificate of no marriage from the local civil registrar; or

In the case of a deceased parent, a photocopy of the death certificate; and

In the case of legal guardianship, a certificate of legal guardianship issued by the court.

3. In cases of illegitimate children, if they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with person other than the mother, they must secure a travel clearance.

Since the mother has the absolute parental authority over her illegitimate children the father need to secure a Court Order giving him the parental authority over the illegitimate children. If the parental authority has been granted, he is not required to secure a travel clearance. If the minor will travel alone or with someone other than the father, he/she is required to secure a travel clearance.

4. DSWD travel clearance is valid for a period of 1 year from date of issuance and shall be valid for multiple travels within the validity period PROVIDED THAT the conditions under which the travel clearance was issued have not changed. If a change in condition occurs (ex. A change in traveling companion), a new travel clearance must be obtained.

The application for travel clearance together with the supporting documents shall be submitted by the parent or legal guardian or duly authorized representative at ANY DSWD field office. The application form can be downloaded from the DSWD website www.dswd.gov.ph.

The travel clearance may be obtained within 3 working days from the DSWD office where it was submitted provided all the requirements have been fulfilled. (Administrative Order no.14 series of 2005 as amended by Administrative Order no.2 series of 2008, Amendments to Omnibus Guidelines for Minors Traveling Abroad).