Go Back  British Expats > Living & Moving Abroad > Far East and Asia > Philippines
Reload this Page >

British dad,filipino born daughter,birth register?

British dad,filipino born daughter,birth register?

Old Aug 12th 2017, 5:22 pm
  #151  
BE Forum Addict
 
Gazza-d's Avatar
 
Joined: Nov 2012
Location: Suffolk UK
Posts: 1,179
Gazza-d has a reputation beyond reputeGazza-d has a reputation beyond reputeGazza-d has a reputation beyond reputeGazza-d has a reputation beyond reputeGazza-d has a reputation beyond reputeGazza-d has a reputation beyond reputeGazza-d has a reputation beyond reputeGazza-d has a reputation beyond reputeGazza-d has a reputation beyond reputeGazza-d has a reputation beyond reputeGazza-d has a reputation beyond repute
Default Re: British dad,filipino born daughter,birth register?

I think I would still try for a divorce, much quicker and cheaper. There is no certainty in an annulment. Also by Philippines law your husband hasn't committed adultery, only the woman can. The husband will be accused of concubinage.
Gazza-d is offline  
Old Aug 13th 2017, 12:17 am
  #152  
Just Joined
 
Joined: Aug 2017
Posts: 11
Kathdudette is an unknown quantity at this point
Default Re: British dad,filipino born daughter,birth register?

Originally Posted by Gazza-d
I think I would still try for a divorce, much quicker and cheaper. There is no certainty in an annulment. Also by Philippines law your husband hasn't committed adultery, only the woman can. The husband will be accused of concubinage.
My ex is not really that cooperative. And yes what I meant by countersuing is if we ever go that far I'll file for concubinage especially that he is with another filipina who is married here in PI too and is not yet annuled but has only been divorced in the UK by her ex British husband.

I have already consulted a lawyer about our annulment, it's mostly difficult if you are married to a filipino but if it's a foreign spouse it usually is easier to null and void the marriage as long as you can back it up which I know I can. I think we always need to be optimistic in this kind of situation.

It's the harsh reality of two young adult making crazy decisions and jumping to marriage straight away without thinking of the consequences later on.
Kathdudette is offline  
Old Aug 13th 2017, 3:56 am
  #153  
BE Forum Addict
 
Joined: Dec 2013
Location: Consolacion,Cebu
Posts: 1,928
quiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond repute
Default Re: British dad,filipino born daughter,birth register?

Here's an interesting article re illegitimate/legitimate child under FILIPINO law.
https://famli.blogspot.com/2009/08/i...n-not-her.html
I think as you have been separated for some time, the court would declare your child as illegitimate. does your husband now live here in Phils with his filipina or are they in UK? This makes a major difference in how your child is viewed.( I know you said HE is in UK , but is SHE with him, or still here?)
As his Filipina girl friend has been divorced in UK , then she can apply for Judicial Recognition here. Do not confuse divorce and annulment. Here you can only have a marriage annulled , but if divorced by foreign partner in another country you can apply for recognition of the divorce here.
From what little research I've done, it appears that under UK law your son can take your husbands surname , so long as you are still married, but nowhere can I find that he is considered your husbands son in UK unless he agrees to treat him as such. Different under Filipino law as the above link shows.
I can only suggest a few courses open to you;
1.Get your husband to divorce you in a UK court.
2. Use this divorce to apply for Judicial Recognition here
3. Apply for your sons UK passport based on his biological father being a British Citizen. you'll likely get it but it will take some time as the Philippines is considered one of the "suspect" countries in terms of forged documents etc. you may be asked to have DNA tests as well.( plenty of cases of filipinas claiming the foreigner is the father of their children , but it not turning out to be true! It happens in other countries as well!)
hopefully your lawyer is correct in that it is easier to obtain an annulment if the spouse is a foreigner, but seperation is NOT grounds for annulment here
Grounds for Annulment of Marriage in the Philippines - Philippine Law Firm | Philippine Law Firm I know it's a few years old but still relevant i believe.
I hope things work out for you , and yes, young hotheads rushing into marriage never think it's going to break up and what can happen then. look at the many folk who apply for visas to say, USA and find a youthful indiscretion has closed that path!
quiltman is offline  
Old Aug 13th 2017, 3:00 pm
  #154  
Just Joined
 
Joined: Jul 2017
Posts: 3
Tinax0x0 is an unknown quantity at this point
Default Re: British dad,filipino born daughter,birth register?

Hi,

Im new here. And i womder if somebody can give me few ideas. I was in a relationship with a british uk citizen for 4years(not married). We have a 2 year old daughter. Registered and signed and acknowlegde by him.

I decided to split up for some personal reasons,however he is theatening to get my daughter away from me for the reason that he said he can give her good future and i cant. Is he allowed to do that? And told me he will bring her to uk and let her ex wife to be her new mother.

Advices and ideas will really appreciate. Thank you very much!
Tinax0x0 is offline  
Old Aug 13th 2017, 3:16 pm
  #155  
BE Forum Addict
 
Joined: Nov 2012
Posts: 1,643
mikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond repute
Default Re: British dad,filipino born daughter,birth register?

Originally Posted by Tinax0x0
Hi,

Im new here. And i womder if somebody can give me few ideas. I was in a relationship with a british uk citizen for 4years(not married). We have a 2 year old daughter. Registered and signed and acknowlegde by him.

I decided to split up for some personal reasons,however he is theatening to get my daughter away from me for the reason that he said he can give her good future and i cant. Is he allowed to do that? And told me he will bring her to uk and let her ex wife to be her new mother.

Advices and ideas will really appreciate. Thank you very much!
short answer is he cannot do this unless you give written authority to allow your child to travel. Even if your daughter has dual nationality he cannot do anything. So nothing to worry about. You may wish to get your child a Filipino passport as well if that helps.
mikemike is offline  
Old Aug 13th 2017, 5:50 pm
  #156  
BE Forum Addict
 
Joined: Sep 2014
Posts: 1,114
HKG3 has a reputation beyond reputeHKG3 has a reputation beyond reputeHKG3 has a reputation beyond reputeHKG3 has a reputation beyond reputeHKG3 has a reputation beyond reputeHKG3 has a reputation beyond reputeHKG3 has a reputation beyond reputeHKG3 has a reputation beyond reputeHKG3 has a reputation beyond reputeHKG3 has a reputation beyond reputeHKG3 has a reputation beyond repute
Default Re: British dad,filipino born daughter,birth register?

Originally Posted by quiltman
4.Based on this, it seems that your son can claim British Citizenship by descent, but he cannot pass it on to any children he may have in the future.
A British Citizen by descent can pass on his British Citizenship to his next generation if the child (next generation) was born in the UK.

I would suggest Kathdudette to apply for a British Consular birth certificate and a British passport for his son ASAP. Both would take some time -

https://www.gov.uk/register-a-birth

https://www.gov.uk/overseas-passports
HKG3 is offline  
Old Aug 13th 2017, 6:45 pm
  #157  
Just Joined
 
Joined: Jul 2017
Posts: 3
Tinax0x0 is an unknown quantity at this point
Default Re: British dad,filipino born daughter,birth register?

Originally Posted by mikemike
short answer is he cannot do this unless you give written authority to allow your child to travel. Even if your daughter has dual nationality he cannot do anything. So nothing to worry about. You may wish to get your child a Filipino passport as well if that helps.
Hi,

Thank you for your help.

She has no british passport yet actually, but she does have her filipinl passport. Hes threatening if we dont come home he will make my life miserable and said will he will bring me in court and prove im an unfit mother.Will the court agree to that and give him any chances to take my daughter?

Thanks
Tinax0x0 is offline  
Old Aug 13th 2017, 9:48 pm
  #158  
Still alive
 
Dorothy's Avatar
 
Joined: Jan 2006
Posts: 28,994
Dorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond repute
Default Re: British dad,filipino born daughter,birth register?

Originally Posted by Tinax0x0
Hi,

Thank you for your help.

She has no british passport yet actually, but she does have her filipinl passport. Hes threatening if we dont come home he will make my life miserable and said will he will bring me in court and prove im an unfit mother.Will the court agree to that and give him any chances to take my daughter?

Thanks
Not very likely unless he has some evidence that you are unfit. Courts will not just take a child away from its mother to go live in another country unless there is very strong evidence that it is in the best interests of the child.
Dorothy is offline  
Old Aug 14th 2017, 1:26 am
  #159  
BE Forum Addict
 
Joined: Dec 2013
Location: Consolacion,Cebu
Posts: 1,928
quiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond repute
Default Re: British dad,filipino born daughter,birth register?

Originally Posted by Tinax0x0
Hi,

Thank you for your help.

She has no british passport yet actually, but she does have her filipinl passport. Hes threatening if we dont come home he will make my life miserable and said will he will bring me in court and prove im an unfit mother.Will the court agree to that and give him any chances to take my daughter?

Thanks
Highly unlikely. If you are in the Philippines then he would have to file a case here. Under Filipino law, the mother has automatic rights to custody if the child is under 7yrs old UNLESS she can be shown to be mentally ill and/or an unfit mother. He being able to prove that is not probable without medical reports and large expense etc. As mike says , with a Filipino passport he could not just take her to UK as he would need a visa for her, plus he would need either your written permission or a court order FROM here to get her out of the Philippines, let alone into the UK. Even if by some means he got a UK passport for her, he would still have the same problem! Don't worry about it as it's not likely to happen!
I notice you say "if we don't come home" - does he mean the UK? If so he would need to apply for a fiancee visa (i think that's the one) in order for you and your daughter to enter the UK anyway.
quiltman is offline  
Old Aug 14th 2017, 1:54 pm
  #160  
Just Joined
 
Joined: Jul 2017
Posts: 3
Tinax0x0 is an unknown quantity at this point
Default Re: British dad,filipino born daughter,birth register?

Originally Posted by quiltman
Highly unlikely. If you are in the Philippines then he would have to file a case here. Under Filipino law, the mother has automatic rights to custody if the child is under 7yrs old UNLESS she can be shown to be mentally ill and/or an unfit mother. He being able to prove that is not probable without medical reports and large expense etc. As mike says , with a Filipino passport he could not just take her to UK as he would need a visa for her, plus he would need either your written permission or a court order FROM here to get her out of the Philippines, let alone into the UK. Even if by some means he got a UK passport for her, he would still have the same problem! Don't worry about it as it's not likely to happen!
I notice you say "if we don't come home" - does he mean the UK? If so he would need to apply for a fiancee visa (i think that's the one) in order for you and your daughter to enter the UK anyway.
Hi,

Thanks for your advice. Appreciated. "If we dont come home" because two nights ago i left his house, his here in philippines. He is forcing me to come back home and i really don't want too. He would be too violent most of the time, banging doors shouting yelling in front of my daughter or hit me sometimes.

One more thing, i wonder what are those basis of "unfit mother" like lets say i have no job and that i cant support her needs or even i do have a job does job nature matters?
Tinax0x0 is offline  
Old Aug 14th 2017, 2:16 pm
  #161  
BE Forum Addict
 
Joined: Feb 2014
Location: Capiz
Posts: 1,646
Stokkevn has a reputation beyond reputeStokkevn has a reputation beyond reputeStokkevn has a reputation beyond reputeStokkevn has a reputation beyond reputeStokkevn has a reputation beyond reputeStokkevn has a reputation beyond reputeStokkevn has a reputation beyond reputeStokkevn has a reputation beyond reputeStokkevn has a reputation beyond reputeStokkevn has a reputation beyond reputeStokkevn has a reputation beyond repute
Default Re: British dad,filipino born daughter,birth register?

Originally Posted by Tinax0x0
Hi,

Thanks for your advice. Appreciated. "If we dont come home" because two nights ago i left his house, his here in philippines. He is forcing me to come back home and i really don't want too. He would be too violent most of the time, banging doors shouting yelling in front of my daughter or hit me sometimes.

One more thing, i wonder what are those basis of "unfit mother" like lets say i have no job and that i cant support her needs or even i do have a job does job nature matters?
We all ( those of us who have been married ) do the occasional slamming of doors or shouting and that is part of life but hitting you is well beyond any sense of humanity and if you have any witnesses to that should preclude him of ever getting custody/guardianship of your child.
Stokkevn is offline  
Old Aug 14th 2017, 3:57 pm
  #162  
BE Forum Addict
 
Joined: Nov 2012
Posts: 1,643
mikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond reputemikemike has a reputation beyond repute
Default Re: British dad,filipino born daughter,birth register?

sounds like he is the unfit person in breach of ''violence against women and children's act.''

You say ''his house'', how can that be as he is a foreigner?
mikemike is offline  
Old Aug 15th 2017, 1:19 am
  #163  
BE Forum Addict
 
Joined: Dec 2013
Location: Consolacion,Cebu
Posts: 1,928
quiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond reputequiltman has a reputation beyond repute
Default Re: British dad,filipino born daughter,birth register?

Originally Posted by mikemike
sounds like he is the unfit person in breach of ''violence against women and children's act.''

You say ''his house'', how can that be as he is a foreigner?
As extra support for you Mother has sole parental right over illegitimate child - The Manila Times Online I know it's a couple of years old but the law is still relevant. forget the actual question in the article - look at the lawyers answers. As your daughter is illegitimate under Filipino law, YOU automatically have full custody. Even if he could prove you are an unfit mother , YOUR parents are next in line to take custody of the child, then any brothers/sisters over 21.
so far as him hitting you, then as Mike says, if you have witnesses or other proof, such as hospital/emergency room treatment then report him to the local police - they have a Women and Children protection department set up exactly for this type of happening. Here is the actual law document , read it carefully as it tells you how to go about reporting the violence. Republic Act 9262 | Philippine Commission on Women.
If your daughters father has acknowledged her as his child then it may be possible for you to claim financial support from him. I found this article explaing the definition of an illegitimate child and the procedure needed to claim support. I don't know if it will be of any help to you but at least you can let him know you will apply for child support. Illegitimate Children | LAGMALAW
quiltman is offline  
Old Aug 16th 2017, 2:58 am
  #164  
Just Joined
 
Joined: Aug 2017
Posts: 11
Kathdudette is an unknown quantity at this point
Default Re: British dad,filipino born daughter,birth register?

Originally Posted by quiltman
Here's an interesting article re illegitimate/legitimate child under FILIPINO law.
https://famli.blogspot.com/2009/08/i...n-not-her.html
I think as you have been separated for some time, the court would declare your child as illegitimate. does your husband now live here in Phils with his filipina or are they in UK? This makes a major difference in how your child is viewed.( I know you said HE is in UK , but is SHE with him, or still here?)
As his Filipina girl friend has been divorced in UK , then she can apply for Judicial Recognition here. Do not confuse divorce and annulment. Here you can only have a marriage annulled , but if divorced by foreign partner in another country you can apply for recognition of the divorce here.
From what little research I've done, it appears that under UK law your son can take your husbands surname , so long as you are still married, but nowhere can I find that he is considered your husbands son in UK unless he agrees to treat him as such. Different under Filipino law as the above link shows.
I can only suggest a few courses open to you;
1.Get your husband to divorce you in a UK court.
2. Use this divorce to apply for Judicial Recognition here
3. Apply for your sons UK passport based on his biological father being a British Citizen. you'll likely get it but it will take some time as the Philippines is considered one of the "suspect" countries in terms of forged documents etc. you may be asked to have DNA tests as well.( plenty of cases of filipinas claiming the foreigner is the father of their children , but it not turning out to be true! It happens in other countries as well!)
hopefully your lawyer is correct in that it is easier to obtain an annulment if the spouse is a foreigner, but seperation is NOT grounds for annulment here
Grounds for Annulment of Marriage in the Philippines - Philippine Law Firm | Philippine Law Firm I know it's a few years old but still relevant i believe.
I hope things work out for you , and yes, young hotheads rushing into marriage never think it's going to break up and what can happen then. look at the many folk who apply for visas to say, USA and find a youthful indiscretion has closed that path!
That legitimacy law here in the Philippines is almost as the same in the UK. Where in the British Nationality law states that the child's father is the mother's husband by the time of conception/after birth even though separated (like yes it is ridiculous!) same as the Phil Legitimacy law which states children born while mother is still married is still considered legitimate and the father will be the mother's husband by that time!

It's annoying to be honest and yes annulment is the only way to go unless that dissolution of marriage bill will be granted (fingers crossed)!

My ex husband is in the UK with that woman he cheated me with. They were here last year and I only came back to Phils last year. I was so close to filing concubinage to the two of them but I thought what will I get spending a lot of money filing two cases. All I want is my marriage disolved that's it. He is not so willing to help me fund the annulment. He has a family now you see. As it's all easy peasy in England, bearing loads of children and clinging to Uk's child benefit system.

But anyhow, I have found something online regarding my child's status. I can still register him as a British Citizen. I've read that if the father (biological father) said that he is the father then that is a proof, of course back it up with the child's birth certificate with his name and signature within 12 months of giving birth. Unless of course they want a DNA then we will do it, as if we have a choice.

Thanks for the feedback btw
Kathdudette is offline  
Old Aug 16th 2017, 3:02 am
  #165  
Just Joined
 
Joined: Aug 2017
Posts: 11
Kathdudette is an unknown quantity at this point
Default Re: British dad,filipino born daughter,birth register?

Originally Posted by HKG3
A British Citizen by descent can pass on his British Citizenship to his next generation if the child (next generation) was born in the UK.

I would suggest Kathdudette to apply for a British Consular birth certificate and a British passport for his son ASAP. Both would take some time -

https://www.gov.uk/register-a-birth

https://www.gov.uk/overseas-passports
Hi,

Thanks for the input. Yes we are trying this route (registering for British Citizenship in British Embassy) As with the passport thing I think we need to do more research about it as re: my marital status is kind of complicated at the mo.
Kathdudette is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.