Forum Support scott h Posted February 9, 2015 Forum Support Posted February 9, 2015 Ron, I really don't want to seem a downer, but from your story I really think you are screwed on so many levels. First of all about lawyers and the Philippine legal system. I read in the paper all the time that lawyers are asked to remove themselves from cases for the sole reason that they went to the same law school as the judge (or other attorney or a politician or some other well known figure). If there is smoke there must be fire. If they see the integrity of each other so low, what can you expect? wont even accept money anymore If she doesn't even want your money, well then she really doesn't want to see you. Your lucky in one respect, she could still be taking your cash, making all types of promises then still refuse to let you see your kid. 2 Link to comment Share on other sites More sharing options...
brock Posted February 9, 2015 Posted February 9, 2015 (edited) I know it's technically illegal for her to do that but i'm sure that wouldnt stop her Ron, If the Children are under the age of 7 then you will not have much luick, I did everything I could to prevent my 2 daughters aged 4 and 6 being taken out of my life but nothing could be done to stop it in the end,,, I had 3 lawyers all tell me different things and all wanted a retainer round about 40,000p before they would even do anything, They were telling me lies just to get my money, Even saying I could file kidnap charges and all other bs. i contacted the American Embassy and they did nothing, I contacted the British Embassy and that was the same, I also got intouch with a British solicitor and was told he couldnt do anything to help me, I eventually found a Lawyer who was recommended by a friend in the Philippines, I contacted her and she told me that I would just be wasting my money because the Philippine courts always favored the mother of a child under the age of 7,,,I think I still have her letter to me somewhere I will post it if I can find it This is from a letter from DSWD However, based on my initial discussion with the social worker, Ms. Emma Patalinghug, who is in charge of cases like this, the biological mother is authorized under our laws to bring her children outside the country without permission from the government except in circumstances where a case has been filed against the mother resulting to the termination of her parental rights over her children. In your case, your wife has not been stripped of her rights as parent to her children so the only way that she can be prevented from bringing her children out of the country is for you to file a case in court for the issuance of a hold departure order to prevent the children from being brought out of the country. Our Department can initiate proceedings to terminate parental authority but only after a long process of surveillance and investigation to gather and establish evidence supporting a charge of parental neglect, abuse, or exploitation as basis for terminating parental authority. For your information, the Philippine Family Code specifies that illegitimate children are under the custody of their mother. A letter from a lawyer. The objective here is to prevent your girlfriend from taking your child to the US. Second, that you will not be denied seeing your child. First, I will have to inform the Department of Foreign Affairs, the Department of Social Welfare, and the Department of Justice about your wife`s intention of taking your child to the US without your consent. It is tantamount to kidnapping. Second, we will file an advance protest to the Foreign Affairs office respecting the application of visa or passport for your children. Third, we will have to make a complaint for abuse of rights of children because of the unlawful taking of your children outside of the country and for depriving then of your support. Other legal remedies may be taken as the need arises. Best regards, Attorney Vicente B. Roco Hi GV, You have a very serious problem here. However, there are legal steps that I think may protect you and the children from the irresponsible indiscretion of your Filipina wife. We may also need to act swiftly as we do not know the actual plans of your fiancee. My advise is you need to retain the services of a counsel to take care of this situation for you while you are in UK. Should you decide to retain my services, our retainer's fee is only 40,000 Pesos. I hope you can decide very soon. Best regards, Atty. Vicente Roco Unfortunately I cannot find correspondence from the Lawyer that gave me free and true advice, but you can contact her here,,,,,,,,,http://christineflorido.com/contact-us/ Edited February 9, 2015 by brock 2 Link to comment Share on other sites More sharing options...
Ron888 Posted February 9, 2015 Author Posted February 9, 2015 Oh- im missing something very important. I was always told that i have the right to stop the ex from taking our son overseas - something to do with my name being on the legal birth certyificate i thought. As he is technically illegitimate that may not be the case!! Link to comment Share on other sites More sharing options...
OnMyWay Posted February 9, 2015 Posted February 9, 2015 Ron, I really don't want to seem a downer, but from your story I really think you are screwed on so many levels. First of all about lawyers and the Philippine legal system. I read in the paper all the time that lawyers are asked to remove themselves from cases for the sole reason that they went to the same law school as the judge (or other attorney or a politician or some other well known figure). If there is smoke there must be fire. If they see the integrity of each other so low, what can you expect? wont even accept money anymore If she doesn't even want your money, well then she really doesn't want to see you. Your lucky in one respect, she could still be taking your cash, making all types of promises then still refuse to let you see your kid. Ron, from what I have read here my cold-hearted opinion would be to move on. I know it will be very hard to give up your relationship with your son, but she has all the power. It sounds like your son is safe and doing ok, so you should be thankful for that. If he is being taken to another good country to start a new life, is that not a positive for him and his future? If he being endangered in some way, that changes everything. Link to comment Share on other sites More sharing options...
Thomas Posted February 9, 2015 Posted February 9, 2015 Anyways i think i still need to get a lawyer so i can find out if my son is still in the country (thought i'm trying to think of other ways i can do this) .The ex has a new guy in england and may have taken my son there! Just an idea - Can the court case be handled in England if they live there? Link to comment Share on other sites More sharing options...
brock Posted February 9, 2015 Posted February 9, 2015 No Thomas, She has full custody of the child. 1 Link to comment Share on other sites More sharing options...
Ron888 Posted February 10, 2015 Author Posted February 10, 2015 In theory i could see my son if she has taken him to england.Ultimately the law there would be much more on my side - or perhaps i should say it would be relatively fair. However it would be an extremely difficult and expensive situation!! I would have to spend heaps on lawyers and travel.I suspect even finding out if she and my son are indeed in england would be a giant legal problem.All western countries take privacy very seriously Link to comment Share on other sites More sharing options...
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