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Thread: Help - Possible Custody Dispute, Advice Please

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    fordtech is offline Junior Member
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    Default Help - Possible Custody Dispute, Advice Please

    This is a buddy of mine and he asked me to re post on all the AC boards, any help would be appreciated.



    This situation is complicated I know..

    I have a Filipina wife. She is Waray (from Samar) and is currently out of her mind, so I don't know what she is capable of.

    I am legally married to her in Australia, but not in the PI.

    My son was born in Australia, making him an Australian citizen. He is currently living with his crazy mother in AC on a one year Balikbayan visa. His mother is in possession of his passport.

    My crazy ex-wife has made some threats that she intends making trouble for me in the PI. She is doing this because she wants more money than I'm willing to give her. I'm not sure that the immigration department would listen to her false claims of abuse or whatever else she can dream up about me, but I have to consider that it's possible.

    I guess what I want to know is..

    1. Do Philippines Immigration actually take action when crazy spouses go to them making complaints about their husbands?

    2. If I take custody of my child without her consent would I be acting legally?

    3. Can anyone recommend a good family lawyer in AC so I can be sure that it's legal?

    Thank you

  2. #2
    shadow is offline Administrator
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    Quote Originally Posted by fordtech View Post
    This is a buddy of mine and he asked me to re post on all the AC boards, any help would be appreciated.



    This situation is complicated I know..

    I have a Filipina wife. She is Waray (from Samar) and is currently out of her mind, so I don't know what she is capable of.

    I am legally married to her in Australia, but not in the PI.

    My son was born in Australia, making him an Australian citizen. He is currently living with his crazy mother in AC on a one year Balikbayan visa. His mother is in possession of his passport.

    My crazy ex-wife has made some threats that she intends making trouble for me in the PI. She is doing this because she wants more money than I'm willing to give her. I'm not sure that the immigration department would listen to her false claims of abuse or whatever else she can dream up about me, but I have to consider that it's possible.

    I guess what I want to know is..

    1. Do Philippines Immigration actually take action when crazy spouses go to them making complaints about their husbands?

    2. If I take custody of my child without her consent would I be acting legally?

    3. Can anyone recommend a good family lawyer in AC so I can be sure that it's legal?

    Thank you
    A; If you are legally married to her in Oz, you are also legally married to her in RP.

    1; Yes, sometimes they do.

    2; No, depending on the child's age you may be in deep shit.

    3; Nope, not my area of expertise.

    Larry




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    KTM
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    Only my humble opinion, look on the bright side, if you're married to a Warrai you're 'screwed', with a Cebuana you're 'in trouble', with an Illonga you're 'dead'. Count your blessings.
    Charlie T. likes this.
    Life is tough, but it's even tougher if you're stupid.

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    Steve4910 is offline DI Member
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    Go to the Austrialian embassy and claim that the passort was lost and get a replacement I do hope you have passport pics of your Son and a birth certificate with you when you do that. As soon as you do that, grab your Son, run to the airport and catch the first flight out and don't look back. Don't screw around with Philippine courts, take the kid and run, besides he is an Austrialian citizen and there is not a whole lot that she can do anyway. Philippine Foreign Affairs will listen to her, but if I were you, I would not wait that long. The Philippine courts and government wheels work real slow even if you grease them with money.

    Since there is no custody court order in place then you are ok to take your Son away from her. She has what we call physical custody which basically means that she has the child in her possesion and there is no court order. The same applies to you when you take the kid and leave. Just grab the kid and leave the country. You can sort this mess out later in a proper fair court system in Australia rather than deal with corrupt judge and lawyers in the Philippines that will milk you for everything you got. Just make sure you got your plane tictets ready and the passports and you should be fine. Your wife can't even enter a international airport without a plane ticket so don't worry. I would bring 2 big filipinos with you when you grab the kid just for protection and go directly to the airport without stopping.
    aying and Charlie T. like this.

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    What Steve said, and good luck!~

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    I am reminded of the TV show...."Locked up abroad"
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    Gass is offline DI Member
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    Embassy is the first way to go. Tell your friend to be less emotional, that won't bring him anywhere.
    tomtorific and Charlie T. like this.

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    Cutie ladybug's Avatar
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    One guy here in Dgte (American lawyer) whisked his daughter and her child out of a marriage in South America before the husband there could do anything about it in whichever country she was in..

    Pretty much what Steve said...

    Have your buddy give her the extra money for a month or two..getting all friendly etc, then he can take the kid out for a day at the mall etc, and head for the airport.
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    expatron is offline DI Member
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    Isn't it a requirement that the other spouse has to sign some kind of release form?




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    shadow is offline Administrator
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    Under Philippine law, children under 7 years old are not to be taken from the Mother except under court order.

    Children over 7 years old can decide who they want to be with.

    Once you are out of the Philippines, you are home free.

    Cutiebug's advice is good, become friendly enough to take him for a day visit, then split.

    Larry

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