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-   -   Child Custody Case (https://britishexpats.com/forum/philippines-155/child-custody-case-923032/)

MisterSpringle Mar 8th 2019 2:22 am

Child Custody Case
 
Hi all,

I'm British and live in the UK. Had a fling in the Philippines that resulted in a baby girl being born.

I am fully aware that the law in the Philippines states that no child shall be separated from their mother unless under compelling reasons.

I could potentially have evidence to support compelling reasons and evidence of actions/behaviour that are detrimental to my daughter's health and development. I'll be meeting a lawyer there next month to determine this.

I'm just wondering if anyone here has been through a child custody case in the Philippines, and if so, how did it go?

mikemike Mar 8th 2019 3:29 am

Re: Child Custody Case
 
The child is a filipino, unless you arranged a UK passport

I think you are going to find this a very expensive way of being told no can do and the time it takes to say that will drag on forever so you pay much much more.

Not wishing to be brutal, but how do you know you are the father and the only 'flinger' in town. You would need to get a DNA test and that may not be forthcoming.

MisterSpringle Mar 8th 2019 4:41 am

Re: Child Custody Case
 
Thanks for the response mikemike.

Unfortunately, no UK passport for her yet. That was something we were planning to do in the near future.

Before committing to providing financial support and having my name on her birth certificate, I did have 2 DNA tests performs at 2 separate clinics in Manila. And also, after 2 years, the resemblance is uncanny.

I had never planned to take custody or bring her to live in the UK. Unfortunately it seems as if the mother was corrupted by money. Even the paediatrician who saw her a few times told me of her concerns. I went to the local social welfare office and they were pretty useless. Their advice to me was to file a custody case while they conduct a home visit. So for the sake of her health and wellbeing, I'm having to resort to this.

I know exactly what you mean by things being long-winded there. I've experienced it many times for even the simplest of tasks. They do love their paperwork and a receipt out there!

I'm fully aware that it's a long process and that the odds may be against me. A lot of people here have told me to turn a blind eye and focus on my family here in the UK but I'm not that type of person. Just wondering if anyone has had any success or experience?

mikemike Mar 8th 2019 11:24 am

Re: Child Custody Case
 
Ok at least there are some certainties. all the best

jaygee68 Mar 10th 2019 11:08 pm

Re: Child Custody Case
 
I am going through something similar at the moment,MS.I do not care if i get criticised for saying this,but what you must understand is that while we have kids because we love them and want to take care of them,some Filipino women like to have kids to use as an asset,or moneymaker,if you will.I would NOT be surprised if you are alluding to child abuse and beatings when you say "So for the sake of her health and wellbeing, I'm having to resort to this."

Some of the Filipino women can be violent and lash out at their kids in an uncontrolled manner when they lose their temper.

Sadly,the mother of mine uses the child as a bargaining chip to get money from myself and others.I honestly do not believe that there is much love in her.I have been denied access to my child for 18 months now and am not allowed to see my child on cam.They are in the Filipines,and i am not,and i fear that my life is in danger should i decide to visit.

I could go down the legal route,but at the end of the day it is a very corrupt third world country where a lot of the people will do anything for cash,no matter how educated and high up the social ladder they are.

I know exactly how painful things are for you right now,and i am minded to contact you by private message,if i may, in the near future,when i am not so busy with other things.I think it might be mutually beneficial if we compare notes about our relative situations.

Good luck.

Philosophical 11 Mar 10th 2019 11:30 pm

Re: Child Custody Case
 

Originally Posted by jaygee68 (Post 12651401)
I am going through something similar at the moment,MS.I do not care if i get criticised for saying this,but what you must understand is that while we have kids because we love them and want to take care of them,some Filipino women like to have kids to use as an asset,or moneymaker,if you will.I would NOT be surprised if you are alluding to child abuse and beatings when you say "So for the sake of her health and wellbeing, I'm having to resort to this."

Some of the Filipino women can be violent and lash out at their kids in an uncontrolled manner when they lose their temper.

Sadly,the mother of mine uses the child as a bargaining chip to get money from myself and others.I honestly do not believe that there is much love in her.I have been denied access to my child for 18 months now and am not allowed to see my child on cam.They are in the Filipines,and i am not,and i fear that my life is in danger should i decide to visit.

I could go down the legal route,but at the end of the day it is a very corrupt third world country where a lot of the people will do anything for cash,no matter how educated and high up the social ladder they are.

I know exactly how painful things are for you right now,and i am minded to contact you by private message,if i may, in the near future,when i am not so busy with other things.I think it might be mutually beneficial if we compare notes about our relative situations.

Good luck.

Well stated. The reality of life here in the Philippines...

jaygee68 Mar 10th 2019 11:46 pm

Re: Child Custody Case
 
Thanks P11,

I guess i have not really answered his question,but i would like the OP to know that i am here to compare notes in the near future and for the long haul,should that be the case.

As i am at the start of something similar myself,i obviously have a keen interest on how this one will develop.

MisterSpringle Mar 12th 2019 10:33 pm

Re: Child Custody Case
 
Hi jaygee,
Sorry to hear that you find yourself in the same predicament as myself.
I'm going to private message you soon about my experiences with this whole ordeal.

jaygee68 Mar 13th 2019 8:56 am

Re: Child Custody Case
 
OK Mister Springle...feel free to do that.

Cheers.

graham59 Apr 1st 2019 10:55 pm

Re: Child Custody Case
 
Under Philippines law (and both child and mother ARE citizens of the Philippines), the mother is automatically assumed to have custody of the child until it is at least 7 years old.
I would suggest that you try to establish an ongoing friendly relationship with the mother, rather than beating her over the head with court cases... which are only likely to fill the pockets of eager (but probably helpless) lawyers, and lead you into bankruptcy, and not even able to afford an airfare.

Liliwitch May 14th 2019 4:25 am

Re: Child Custody Case
 
Kids born out of wedlock are solely under the custody of the mother. Even if you find evidences to show incapacities of the mother, you will not win. Serves you right for cheating, I just feel sorry for the kid.

There are a lot of educated, selfless Filipinas out there, I don't exactly get why you guys fall for the bimbo types.

christmasoompa May 14th 2019 4:43 am

Re: Child Custody Case
 

Originally Posted by Liliwitch (Post 12683643)
Serves you right for cheating

Who is this aimed at? I must have missed mention of infidelity, please do use the 'quote' button when replying to a post to a thread so people can see who you're responding to, thx.

jaygee68 May 14th 2019 5:27 am

Re: Child Custody Case
 

Originally Posted by lilliwitch
"Kids born out of wedlock are solely under the custody of the mother. Even if you find evidences to show incapacities of the mother, you will not win. Serves you right for cheating, I just feel sorry for the kid.

There are a lot of educated, selfless Filipinas out there, I don't exactly get why you guys fall for the bimbo types."

re:"Bimbo Types" and "cheating", That is PRESUMPTUOUS NONSENSE WRITTEN BY LILIWITCH THERE,who,incidentally,has only ever posted once on this forum.Interesting.

As for my current predicament,my ex has not been in touch with me for a very long time now,and is not answering my emails....she has introduced a new guy into my daughter's life,a man who seems intent on being my daughter's father.There is every chance that my ex will take my daughter to live in another country with her new partner,and thus disappear forever.The question is this.....what the hell can i do to stop this from happening?...where do i stand legally?...I presume that i have zero rights,even as a biological father.?

If this new guy applies to be her legal father while living with my daughter in another country knowing that i still want to be in my daughter's life,can i instigate litigation if/when i do catch up with my ex and her partner?

thanks in anticipation

BritInParis May 14th 2019 10:38 am

Re: Child Custody Case
 
Does your name appear on your daughter’s birth certificate? It’s important to note that she both a Philippine and British citizen - whether she holds a British passport or not is irrelevant.

SanDiegogirl May 14th 2019 12:51 pm

Re: Child Custody Case
 

Originally Posted by MisterSpringle (Post 12650144)
Hi all,

I'm British and live in the UK. Had a fling in the Philippines that resulted in a baby girl being born.

I am fully aware that the law in the Philippines states that no child shall be separated from their mother unless under compelling reasons.

I could potentially have evidence to support compelling reasons and evidence of actions/behaviour that are detrimental to my daughter's health and development. I'll be meeting a lawyer there next month to determine this.

I'm just wondering if anyone here has been through a child custody case in the Philippines, and if so, how did it go?


So did you meet with the lawyer and if so what was the outcome?


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