CR-1 (Philippines) Process *Finally* Started!!!

[jasonrowetx 1]

We filed on June 13th and received the NOA1s on June 20th! We have 4 cases going through (wife and 3 children). Looks like we are going through the CSC, per the NOA1 letter. My estimate puts NOA2 sometime in November. I'm hoping it is sooner. We have to now get formal custody of my wife's 3 children solidified. She has the annulment document, but in it, it stated that the two boys (ages 8 and 10 at the time) had the choice. The ex-husband said he will sign the travel affidavit, with no problem. Anyone in the Philippines have to deal with getting formal custody in a situation like this?

Edited July 4, 2012 by jasonrowetx

[jbee77 0]

We filed on June 13th and received the NOA1s on June 20th! We have 4 cases going through (wife and 3 children). Looks like we are going through the CSC, per the NOA1 letter. My estimate puts NOA2 sometime in November. I'm hoping it is sooner. We have to now get formal custody of my wife's 3 children solidified. She has the annulment document, but in it, it stated that the two boys (ages 8 and 10 at the time) had the choice. The ex-husband said he will sign the travel affidavit, with no problem. Anyone in the Philippines have to deal with getting formal custody in a situation like this?

i dont think you will have any problem just send a custody letter and have the ex-husband sign it and your good to go...

[John and Ann 10]

We had to have the bio father sign a Consent to Travel form; he signed it at an attorney's office. We did that before we got married. He is since trying to reniege. We're waiting for noa2 now.

[jasonrowetx 1]

Thanks for the replies. So, for the custody of the two boys (8 & 10 yrs old), the annulment document states: The custody of the minor <6 year old daughter’s name> is awarded to the petitioner. However, the respondent <children’s father’s name> shall be free to visit their minor child. With regard to their two (2) children, namely: <10 year old’s name> and <8 year old’s name>, option is given to them to whom they would like to stay and live with in accordance with Section 4, Supreme Court En Banc Resolution No. A. M. 02-11-12-SC and the Family Code.

We are getting the travel affidavit from the biological father. Do y'all think we need to get some other custody document?

Here's the snippet from the Rule on Provisional orders (A.M. 02-11-12-SC):

Section 4. Child Custody. - In determining the right party or person to whom the custody of the child of the parties may be awarded pending the petition, the court shall consider the best interests of the child and shall give paramount consideration to the material and moral welfare of the child.

The court may likewise consider the following factors: (a) the agreement of the parties; (b) the desire and ability of each parent to foster an open and loving relationship between the child and the other parent; © the child's health, safety, and welfare; (d) any history of child or spousal abase by the person seeking custody or who has had any filial relationship with the child, including anyone courting the parent; (e) the nature and frequency of contact with both parents; habitual use of alcohol or regulated substances; (g) marital misconduct; (h) the most suitable physical, emotional, spiritual, psychological and educational environment; and (i) the preference of the child, if over seven years of age and of sufficient discernment, unless the parent chosen is unfit.

The court may award provisional custody in the following order of preference: (1) to both parents jointly; (2) to either parent taking into account all relevant considerations under the foregoing paragraph, especially the choice of the child over seven years of age, unless the parent chosen is unfit; (3} to the surviving grandparent, or if there are several of them, to the grandparent chosen by the child over seven years of age and of sufficient discernment, unless the grandparent is unfit or disqualified; (4) to the eldest brother or sister over twenty-one years of age, unless he or she is unfit or disqualified; (5) to the child's actual custodian over twenty-one years of age, unless unfit or disqualified; or (6) to any other person deemed by the court suitable to provide proper care and guidance for the child.

The custodian temporarily designated by the" court shall give the court and the parents five days notice of any plan to change the residence of the child or take him out of his residence for more than three days provided it does not prejudice the visitation rights of the parents.

Here's the link to the Family Code:

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

[jasonrowetx 1]

I realize that my last post may have been too long for folks' patience in reading. Here's an abridged version. I really need the help from y'all. Please help.

Thanks for the replies. So, for the custody of the two boys (8 & 10 yrs old), the annulment document states: The custody of the minor <6 year old daughter’s name> is awarded to the petitioner. However, the respondent <children’s father’s name> shall be free to visit their minor child. With regard to their two (2) children, namely: <10 year old’s name> and <8 year old’s name>, option is given to them to whom they would like to stay and live with in accordance with Section 4, Supreme Court En Banc Resolution No. A. M. 02-11-12-SC and the Family Code.

Here's the snippet from the Rule on Provisional orders (A.M. 02-11-12-SC): Section 4. Child Custody...The court may award provisional custody in the following order of preference: (1) to both parents jointly; (2) to either parent taking into account all relevant considerations under the foregoing paragraph, especially the choice of the child over seven years of age, unless the parent chosen is unfit...

So, they are basically saying that, because the children are over 7 years old, they can choose with whom they want to go (crazy law, eh). We are getting the travel affidavit from the biological father.

Do y'all think we need to get some other custody document?

[John and Ann 10]

I realize that my last post may have been too long for folks' patience in reading. Here's an abridged version. I really need the help from y'all. Please help.

Thanks for the replies. So, for the custody of the two boys (8 & 10 yrs old), the annulment document states: The custody of the minor <6 year old daughter’s name> is awarded to the petitioner. However, the respondent <children’s father’s name> shall be free to visit their minor child. With regard to their two (2) children, namely: <10 year old’s name> and <8 year old’s name>, option is given to them to whom they would like to stay and live with in accordance with Section 4, Supreme Court En Banc Resolution No. A. M. 02-11-12-SC and the Family Code.

Here's the snippet from the Rule on Provisional orders (A.M. 02-11-12-SC): Section 4. Child Custody...The court may award provisional custody in the following order of preference: (1) to both parents jointly; (2) to either parent taking into account all relevant considerations under the foregoing paragraph, especially the choice of the child over seven years of age, unless the parent chosen is unfit...

So, they are basically saying that, because the children are over 7 years old, they can choose with whom they want to go (crazy law, eh). We are getting the travel affidavit from the biological father.

Do y'all think we need to get some other custody document?

Other document: NO. This is why its paramount to have the signed document from the Bio Father. That pretty much overrides any decision the court would have to make; They really don't want to have to make a decision; this law is much better than USA Law; Consent To Travel is what it is called. If he refuses to sign it, then be prepared to hire an attorney.....You know what that means don't you? You have to give a lot of money to a slimy person to get things done! IMO of attorneys....sorry attn out there....know too many of you!