Hello Brits in the Philippines.

Hi.

Thank you for allowing me to join this site.

I have lived in the Philippines for 7 years and have found myself with a child by total accident as I have never had a child before, I have supported the mother as a friend only for the past 2.5 years, paid for all her household bills and the babies needs to date.

My daughter is 2 now and spends most of the time with me including overnight.

The mother is a meth/shabu addict, I have tried my hardest to get her clean for over 2 years, she was recently placed in rehab by her family for over a year. The family have decided they want to take my daughter from me to their province in Mindanao, my daughter already has her UK passport and is a British citizen, my lawyer(s) inform me the mothers family have sole custody of my daughter now by local law and there is nothing I can do as I am not married to the mother. The mothers family expect me to support them/my daughter and the mothers 2 other children in Mindanao.

I wish to take my daughter to the UK to live and give her better life, not to return the Philippines as my daughter has been neglected, malnourished at times if her family if they feel I am not giving them enough money, physically abused by the mothers 10 year old son and abandoned at night night by her shabu addict mother.

Can anyone advise me of my daughters rights as she is a UK citizen but the law seems to say she can be taken away from her Biological UK father by the mothers family, I am on the Birth Cert, DNA test confirmed.

Thank you for any assistance you may be able to give.

Best regards.

Richard Harris

I wholly understand where you are coming from You want to do the best for your daughter so fair play to you. My thoughts are given that you are on the birth certificate have DNA confirmation, and that your daughter is a UK citizen with a UK passport I would get both of yourselves over to the UK asap.
I admit I have no idea of Philippine law with regards custody etc etc, of course the mothers family will see you as a cash cow and they won't be wanting both of you to come to the UK as there funding source will dry up, It could be worth thinking about making a donation to the family in return for them giving up their rights (if indeed they have any). Thats my thoughts but to be honest they are not worth much because I have no idea of family matters concerning British/Filipino child matters, I,m sure their are people on here that can offer you better advice than I, good luck and I hope you can get her away from her mothers family and here to the UK asap.

This is a tricky problem as my reading is that you are not married so the child is illegimate. As such custody in general sits with the mother. If the mother cant look after the child then may able to get court ruling that gives you custody but will definitely mean going to court and proving that mother is unfit. You will need good filipino lawyer to advise you on that.

Law as I understand it talks specifically about the rights of the mother as opposed to mothers family so may be scope there.

If you married the mother then the child becomes legitimate (think there are some hoops to jump through but cant remember the exact details.)

Probably can travel to UK with her especially if have agreement of mother and have both the filipino and uk passport.

Sure we had someone on the board travel with their child and also sure not married and when presenting both passports dont think had any issues. May in theory have needed DFSD approval. Got grilling in UK but as had mother agreement seem to remember no issues. Was a while ago so may be worth trying to find the thread for info.

If in UK rules are different and you have parental responsibility so no issues. Mother would have to seek parental responsibility if wanted to try and get child and your rights in UK trump mothers family.

My sister did that with her grand daughter, flew to the Philippines, was there maybe 8 hours, and flew back to the UK with the child, no questions in either cebu when departing nor Heathrow when arriving, just showed the child's british passport.

That wasn't the example I was thinking of but with British passport sounds doable - at least two examples I'm now aware of. Only problem is how long to get passport - two months ?. Other option might be emergency travel documents from embassey.

I have had an ETD in the past when my passport was stolen abroad, processed the same day.My sisters grand daughter already had her passport, the mother became very ill, in hospital, the child would have been left in the care of a very dysfunctional fragmented family so my sis went and collected her.

One other thing Br, my nephew and the child's mother weren't married, still aren't, but both the mother and child are now living in the UK, the child has my nephews family name on her brit passport.

Go to British Embassy in Manila!
Child illegitimate so mother has sole responsibility
Family cannot just take her they would need the court support to show mother unfit,as will you
Child is duel citizen so Philippines family law applies as she lives there.
I would not contemplate trying to travel with her even with mothers permission as they the family will or could claim she is unfit to make that decision
Be wary of child staying with you as family could turn nasty especially if you turn the money tap off, they could without foundation allege child trafficking child abuse etc
Go to British Embassy

Thank you guys for your great replies.

The mothers family have placed the mother in a Local Gov rehab facility for meth/shabu abuse which will be for over 1 year. I cannot marry her now(who would? LoL) nor could I get her to give me a DSWD(social services) travel clearance to go to the UK..required by law or "child abduction" from her as she always refused to allow before plus she is now deemed mentally unfit.

I have contacted the UK Embassy in Manila, they are currently at the stage of "keep us informed, we are not allowed to give legal advice"

I have offered a lot of $$ to buy land and build a family home/farm in their province if I was allowed to travel to the UK with my daughter before..always got turned down by the mother.

Under local law, custody of the child goes to the mothers family if the mother is deemed unfit, as is the case in this scenario..not the illegitimate father.

Thank you.

Richard Harris.

Sounds like either you give them:

a) Regular income for life - in order that you can continue to see your child whilst the family "raise" her or
b) Lump Sum - in order that you can take the child back to the UK for a better life.

Perhaps you need to ask your lawyer to tentatively approach partner's family about cost of option b ?

Then if the family are up for it, and you can afford it, the lawyer can sort out legal custody, get the DSWD approval and you can take her back to the UK before your uncooperative partner gets out so to speak

All very crass but money talks in Phils.

You say that her family has placed her in rehab. That sounds expensive.
What is their source of income to pay for the use of a facility like that?
Secondly,where was she getting the money to fund her Shabu habit?
If they have managed to keep her from taking a highly addictive drug such as Shabu,then I would imagine she would be climbing the walls in order to get her hands on some.
If you did manage to find a highly competent and locally feared Lawyer that was able to get a judge to award you temporary access,how could the Mothers family afford to counter such an action?
Money talks.

I would also start a video and phot diary of any issue instance , may help your case later.

Hi.

Thank you but 2 lawyers have strongly told me the family are not allowed to give custody or a DSWD travel clearence..the appointed legal guardian by the court can possibly travel to the UK with me. Then go home alone after they get there.

Thank you.

Richard Harris..

Hi.

Thanks for your reply.

Her cousin is with a rich US guy..but I am expected to pay also.

The mother has prostituted herself and used my support for shabu money.

My daughter is with me always..the family are coming from Mindanao in 10/14 days.

A court case I am told is minimum a year to the hearing.


Thank you.

Richard.

Hmmm... so you and daughter both have a UK passport - can't you just get on the plane home with her ?

Maybe to HK... then Delhi and home or something?

I personally would attempt to get a DSWD travel clearance for your daughter bcuz you have nothing to lose, as it stands you and your daughter are going nowhere until the mothers family get to where you are living, Iincidentally i do wonder why it's going to take 10/14 days for the family to get there from Mindanao, but no problem that gives you a little breathing space to try to find ways to leave the philippines, remember cash is king in the philippines and sometimes it's who you know.

• 
  
• Illegitimate children

The Family Code of the Philippines vests the mother with the parental authority over an illegitimate child (Article 176).

1. If travelling with the mother, a DSWD travel clearance is not required.
2. If travelling with a person other than the mother, a DSWD travel clearance is required.
3. If travelling with the biological father, a DSWD travel clearance is required. However, if a Court Order has granted parental authority to the father, a DSWD travel clearance is not required.
4. If travelling with an adult other than the mother, a DSWD travel clearance is required.

• For minors travelling alone to a foreign country for the first time

1. Duly accomplished DSWD Travel Clearance application form
2. Photocopy of either Birth Certificate or passport of the minor
3. Written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country. Parents based in Singapore can book an appointment through THIS LINK to secure a consularized Affidavit from the Philippine Embassy in Singapore granting permission for the minor to travel alone.
4. Proof of the consenting parent’s relation to the child, in one of the following forms:
   • (married parents) a photocopy of the marriage certificate of the minor’s parents
   • (legal guardian) a photocopy of the certificate of legal guardianship of the minor,
   • (solo parent) a photocopy of the solo parent identification card from the Municipal Social Welfare and Development Office, a Local Social Welfare and Development Office, Tallaq or Faskh certification from the Shariah court or any Muslim Barangay or religious leader
   • (if child is illegitimate) a Certificate of No Marriage (CENOMAR) issued by the National Statistics Office (NSO)
   • (if parents are deceased) a photocopy of the death certificate
5. Two colored passport size photos of the minor taken within the last six (6) months
6. The DSWD social worker may require additional documentary requirements during the assessment of the Travel Clearance application to make sure that no child shall be trafficked and that the child’s best interest and welfare is ensured.

• For minors travelling for the first time with a person other than the parents or legal guardian

1. Duly accomplished DSWD Travel Clearance application form
2. A photocopy of the birth certificate of minor
3. A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel to a foreign country with a specific person other than them. Parents based in Singapore can book an appointment through THIS LINK to secure a consularized Affidavit from the Philippine Embassy in Singapore granting permission to the minor’s guardian to accompany the child during his/her travel.
4. As appropriate, a photocopy of the marriage certificate of the minor’s parents or a certificate of legal guardianship of the minor or in the case of solo parents, a solo parent identification card from the Municipal Social Welfare and Development Office or a certification from the Local Social Welfare and Development Office of being a solo parent or a court decree of separation, annulment or divorce, or Tallaq or Fasakh certification from the Shariah court or any muslim barangay or religious leader or in the case of an illegitimate minor, a certificate of no marriage (CENOMAR) *from the National Statistics Office or in the case of a deceased parent, a photocopy of the death certificate
5. Two colored passport photos of the minor taken within the last 6 months.
6. Photocopy of the passport of the travelling companion

• For minor illegitimate children travelling abroad with the biological father

A minor illegitimate child who is travelling abroad accompanied by the biological father is required to secure a travel clearance certificate as parental authority is vested only to the mother of the child, per Article 176 of the Family Code of the Philippines.

VALIDITY OF A DSWD TRAVEL CLEARANCE

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

CHILDREN OF SPECIAL CIRCUMSTANCES

• Orphaned minors who have no appointed legal guardian

The grandparents (paternal or maternal) who exercise parental authority over an orphaned minor may issue the consent even without guardianship order from the Court. But in cases where both the grandparents are deceased, the relatives or acting guardians of the minor should work for their legal guardianship over the minor.

• Minors whose parents have marital conflict and on hold order

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 parent or authorized guardian.

A child whose name is included in the Bureau of Immigration’s watchlist of minors travelling abroad will be prevented from leaving the country.

• Illegitimate children

The Family Code of the Philippines vests the mother with the parental authority over an illegitimate child (Article 176).

1. If travelling with the mother, a DSWD travel clearance is not required.
2. If travelling with a person other than the mother, a DSWD travel clearance is required.
3. If travelling with the biological father, a DSWD travel clearance is required. However, if a Court Order has granted parental authority to the father, a DSWD travel clearance is not required.
4. If travelling with an adult other than the mother, a DSWD travel clearance is required.

ELECTRONIC OR FAX TRANSMISSION OF PARENTAL CONSENT

A faxed copy is acceptable. Likewise, a computer generated photo of minors and emailed documents are acceptable.

Kindly contact any DSWD Field Office for inquiries.



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Yes this is all correct. I cannot travel without DSWD clearence agreed/signed by the mother, a notorised affidavit signed by the mother and an affidavit showing proof of funds.

The mother will never agree to that.

The family of the mother will now get legal custody of my daughter. If I can $$ convince the families appointed legal guardian to travel to the UK with me..they can leave/go as soon as we get out the airport at LHR..maybe.

I have no idea why the family are coming then.

Thanks guys.

Richard how do you read this to mean ?.

Note:

• A travel clearance from the DSWD is not required by a minor travelling to a foreign country if accompanied by
  either parent (if he/she is legitimate) or with his/her solo parent/ legal guardian/ both parents; (if illegitimate) if accompanied by the mother.

The first sentence if accompanied by either parent does that mean what it says.

or does it read as: if accompanied by either parent , blah blah blah if accompanied by the mother. I believe it says if accompanied by EITHER parent.

I have taken that from here.

https://car.dswd.gov.ph/about-us/ci...travel-clearance-for-minors-traveling-abroad/

Paul the first sentence, as the child is born out of wedlock the father(Richard) is not recognised so mother would have to accompany traveler.
Father to travel just alone with child would need a court order or DSWD

Richard Harris: as you have lived there for 7 years--whats to stop you staying there--but move well away from her family to where they cant find you--and take your child at the first safe opportunity.