father's consent...

[marklovetina 52]

hi, hope u can help me on this quiry coz really its bothering me... i am goin to finish my annulment soon... but i have concerns about the father's consent, i have K2 and my son is 7 yrs. old... the custody is of course with me.. but on the interview do i really need a father's consent... we dont have communication anymore and he abandoned me after 2 wks. of our marriage, he didnt see our son since birth, no support... for those who had the same experience pls. share and give me infos. about this matter... inputs will be greatly appreciated thank u very much!!!!

God bless us all,

godsgift

PS: father is not here in the Phil.

[Zai & Gary 6]

I read somewhere that Philippine law states that if the father has not been a part of the child's life then he has no rights in any decisions about the child. If that is the case I would assume that the father's consent is not needed. However I am speaking from memory and do not know for sure. In my asawa's case, the father was not listed on the child's BC and has never even attempted to see the child so we are not concerned about his consent. Your situation is a little different. Hopefully someone else here can give you a more precise answer.

Edited June 15, 2010 by Zai & Gary

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

My stepson came over on a K-2 along with his mother and there were no problems. However, she was never married with the father of the child. As someone else stated, the mother is the primary caregiver of the child and therefore has sole legal custody of the child according to Philippine law. I would not worry and if the question comes up in the interview, just tell the CO that you and the child were abandoned by the father of the child.

[marklovetina 52]

@zai and gary and el buscador: thank's for the quicky reply.. yes my case is a little bit different bcoz my X is in his BC that's why i am sooo worried here now about father's consent, i hope someone can give me input on this.. someone that is married before and his X's name was on the child's BC, and kid is a minor... my mom said to me as long as my child is 7 i dont need father's consent coz still minor all custody was on me.. but were not really sure about this one... that's why i posted here and seeking advice and informations to those who done it before... :help: :help:

Edited June 15, 2010 by godsgift

[pixie77 2]

Unfortunately, if we need consent from the father. I am in the same boat but the father told me he would give the affidavit of consent and sign the DSWD paper work once my daughter's visa is ready.

They do this because of international kidnapping of parents. Perhaps you should seek lawyer's advice in the Philippines.

[marklovetina 52]

Unfortunately, if we need consent from the father. I am in the same boat but the father told me he would give the affidavit of consent and sign the DSWD paper work once my daughter's visa is ready.

They do this because of international kidnapping of parents. Perhaps you should seek lawyer's advice in the Philippines.

yes this is my big worry right now... coz u know its not highlight on the court decision that i have the custody of my son.. i asked my lawyer last night about this and she told me that there is no problem with my son coz he will not go with his Dad... but in case we will leave the country and needs a father's consent we can ask it in court... i will gonna see my lawyer this afternoon to get my CD and we will talk about this one... oh gosh this makes me worry super... i will post here later and share what happened to our meeting so others who is like on my situation will have an idea too... naiinis ako pano kung gipitin ako ng X ko..? , ..... pls. keep me and my son in ur prayers...

praying to God,

godsgift

[pixie77 2]

Hi,

I hope this helps...

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).

[Pinay Wife 47]

i asked my lawyer last night about this and she told me that there is no problem with my son coz he will not go with his Dad... but in case we will leave the country and needs a father's consent we can ask it in court...

Since you and your lawyer are prepared to go back to court to get consent or court order, why not ask your lawyer to be pro-active and and explore the possibility of having the judge amend the decision (before the Certificate of Finality is issued) to include awarding custody of the child to you.

naiinis ako pano kung gipitin ako ng X ko..?

Hindi ka naman siguro kayang gipitin ng taong wala man lang contact sa iyo.

[marklovetina 52]

Since you and your lawyer are prepared to go back to court to get consent or court order, why not ask your lawyer to be pro-active and and explore the possibility of having the judge amend the decision (before the Certificate of Finality is issued) to include awarding custody of the child to you.

Hindi ka naman siguro kayang gipitin ng taong wala man lang contact sa iyo.

hi.. well nagkita na kami kanina kc binigay nya un court decision ko.. well sabi nya di namn prob un kc kita namn sa kwento sa CD what happened tlga.. sbi nya pagpupunta na kami sa interview magclearance ako sa DSWD pero kung hihingan ako ng father's consent ibigay ang CD at mgangatwiran na bkit pa hihingi ng father's consent kung sa simult-simula daw eh wla namn care si X.. and sabi nya if ever na di bigyan ng DSWD ng clearace she will ask motion sa court to get cert. na maitravel ang bata, madali lang daw un, wlang hearing and no appearing, lawyer ko na lang.. well me isa syang client na ganito rin ang nangyari and un ang ginawa nila... so i think masyado nga lang akong nagwowory...

uhmm about sa sira ulo kong X ang totoo hindi lang tlga kami nag-co-contakan khit alam namin sa isat-isa kung asan kami... at hindi ko rin masasabi ang pede nyang gawin... hindi ko rin kayang sabihin kung ano ang asa isip nila... mahirap ang situation ko kc hindi ko alam kung ano din ang pede nilang gawin sa akin... mapapanatag lang ako kung wla na kaming mag-ina dito sa pinas at malayang namumuhay ng masaya with our new family... don ko masisigurado na tlagang wla na tlga.... well depende lang namn siguro sa mga situations natin.. ako kc mahirap tlga hindi ko rin kc kyang i-explain eh... ang alam ko ang kakampi ko lang sa laban na ito eh si God, honey ko,family ko, and true friends.. at salamat sa lahat ng prayers nila... :yes:

pero happy tlga ako now kc kanina un apelyido ko na pinagamit ni atty. sa akin.. hehe.. at sabi nya un na gamitin ko now.. oi pa-b-day tlga sya sa akin ni God.. kc it was ordered 6-2-10, and my b-day was on 6-03-10.....

[Pinay Wife 47]

You need to keep everything quiet and don't tell anyone about your next steps at baka makarating sa X mo at pwedeng mag-isip ng panggigipit. At any rate, since he is also abroad, I don't think that he has that much leverage.

In my case, my son was already 17 when we interviewed for the visa. The Filipino pre-screener asked if I was awarded custody of my son and I showed him the page where it said so. I cannot remember though if the American consul asked me about custody.

Congratulations on your annulment!

[marklovetina 52]

opo thank u po ate sa advice.. totoo po un hindi pa tlga sila leverage, kung lam mo pa lang un situation tlga maiintindihan nyo po ako ng husto pero siguro don sa ibang friends ko from VJ na kilala na ako sa online lam nila Y ako worried... pero tama po kau very tahimik lang po kami and kya po ako seek ng advice and 1st talked muna sa lawyer ko kc ayaw kong lumpait sa knila at maging utang na loob pa ang gagawin nyang pagbibigay ng father's consent sa lahat ng ginawa nya sa aming mag-ina... for now na alam ko po na me magagawa akong way o solution sa prob ko hindi ko po tlga gagawin na lumapit sa knya unless Super-Duper siguro na need tlga.. pero kung magagawan ko ng paraan tru court hindi po tlga...

ate lam mo siguro iba-iba din.. kc un best friend ng tita ko nailabas nya 3 anak nya w/o father's consent hindi na po sya tinanong sa embassy nagulat nga daw po sya kc hindi sya hiningan o tinanong man lang ng CO...

thank u po sa pag-bati, masaya po tlga.. at long last nakawala ako sa kasal ko na sa papel lang but in true meaning hindi po tlga... God guided me po tlga sa process na ito... :yes:

[marklovetina 52]

Hi,

I hope this helps...

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).

oi pixie thank u ha.. tlagang pinag-research mo pa ko sorry di ako maka-chicka kahapon kc galing pa ko ng quezon lumuwas pa ko then diretcho ap ko MOA kc don ko kinita si Atty. nabasa ko na po and pupunta ko sa DSWD sa amin sa Quezon then mag-inquire na ko about this one... siguro me mapupulot akong idea kung paano... SALAMAT HA!!!!

PS: and like i said po sa above post naka-kuha na ko solution sa lawyer ko kung paano gagawin namin if ever... salamat po ulit!!!

Edited June 16, 2010 by godsgift

[pixie77 2]

That's great news!!!! Super good luck sayo... ...Ingat