Please help..

[ezzie 7]

Ezzie,

You do realize that if you ever return to the Philippines you're in a bad spot, right?

You can't get your divorced recognized because the marriage was between two Filipino citizens in the Philippines. You need an Annulment and even then the Philippines won't recognize your current marriage. Of course this isn't a problem for you in the US but if you ever return to the Philippines before you naturalize it can cause problems for you there.

For example there was just an episode of Locked-up Abroad where a Philippine woman was arrested for adultery because she was pregnant by her British boyfriend and her abusive Ex (but still legally married) husband found out.

Hi Bob..I was in the US when I filed the divorce and my ex signed it. In the Philippines, we are still legally married. There are so many intricacies in Annulment because of the hypocrisy in the system, but that's another story.

I don't ever want to be locked up!

[Deputy Purple 1,294]

For as long as the courtship and marriage didnt happen in the Philippines or any place considered Philippine territory and you dont cohabit as husband and wife in the Philippines or Philippine territory no husband can sue his wife for bigamy and vice versa. I had to consult a lawyer before going home to the Philippines to make sure that I wouldnt be facing this charge. This was what my lawyer told me because of the territoriality component of criminal law in the Philippines.

I am now back in the US after a long Philippine vacation.

Does that cover adultery also? I ask this because they are 2 different things. I it does but you might still want to go through the Annulment process in the Philippines. If that's true then it's good news for anyone it that situation.

It's too bad that your ex won't sign the papers for your child, has he given you a reason why? As a father I can understand a man being afraid to loose his child. I know I would never agree to my ex-wife moving my daughters to another country permanently but then again I'm also the kind of father who has had custody of my daughters since the divorce.

Edited June 20, 2011 by Bob 4 Anna

[ezzie 7]

Does that cover adultery also? I ask this because they are 2 different things. I it does but you might still want to go through the Annulment process in the Philippines. If that's true then it's good news for anyone it that situation.

It's too bad that your ex won't sign the papers for your child, has he given you a reason why? As a father I can understand a man being afraid to loose his child. I know I would never agree to my ex-wife moving my daughters to another country permanently but then again I'm also the kind of father who has had custody of my daughters since the divorce.

No, he refuses to talk to me about it, even for a compromise. Perhaps he has the same reason as you do. But I am also a parent, and I am not forcing my child to come with me. If I can't take him at this time, then I would have to wait, as others suggested.

[Deputy Purple 1,294]

No, he refuses to talk to me about it, even for a compromise. Perhaps he has the same reason as you do. But I am also a parent, and I am not forcing my child to come with me. If I can't take him at this time, then I would have to wait, as others suggested.

Not to get to personal but is he a good father, I mean does he have a good relationship with the child?

If he's afraid that he'll lose his child by consenting to the move then I don't know what you can do to ease that fear.

From his point of view I'd imagine he knows how difficult it would be for him to travel to the US to see the child and regardless of how amicable things are between the two of you he really doesn't have any assurance that you'll bring or send the child back regularly to visit him. Even if you promised and he had it in writing how could he enforce it if you decided not to keep up your end?

[pixie77 2]

Does that cover adultery also? I ask this because they are 2 different things. I it does but you might still want to go through the Annulment process in the Philippines. If that's true then it's good news for anyone it that situation.

Hi Bob,

My lawyer told me that if a crime was not committed in the Philippines or a place considered Philippine territory then there wouldnt be a case because of the territoriality aspect of criminal law. It can however be complicated but I have not delve into as it wasnt necessarily relevant to my situation.

As for annulment, I dont see the need for it. Perhaps my ex should be the one contemplating on that as he's the one living in the Philippines.

It is good news especially for those that don't know about this and in a similar situation as I am.

[ezzie 7]

As for annulment, I dont see the need for it. Perhaps my ex should be the one contemplating on that as he's the one living in the Philippines.

It is good news especially for those that don't know about this and in a similar situation as I am.

Definitely good news for those in the dark with regards to the same situation.

[ezzie 7]

Not to get to personal but is he a good father, I mean does he have a good relationship with the child?

If he's afraid that he'll lose his child by consenting to the move then I don't know what you can do to ease that fear.

From his point of view I'd imagine he knows how difficult it would be for him to travel to the US to see the child and regardless of how amicable things are between the two of you he really doesn't have any assurance that you'll bring or send the child back regularly to visit him. Even if you promised and he had it in writing how could he enforce it if you decided not to keep up your end?

By some miracle, and just 4 hours before my son's interview sched, I now have the affidavit allowing the child to immigrate. It's past 3am in Manila, and my ex-husband's lawyer came to the house and handed it to me. He said the Dad hasn't been sleeping..and he was just with him. And Bob, you were right about the father's fear; but my son is 17 now and he was finally leaving the decision to my son.

[one...two...tree 2,762]

I can only run to VJ after praying to the Heavenly Father for mercy and guidance..so please advice, as I am so tensed about our situation.

My son is turning 18 this year. After a surviving the tale of our petition being transferred to the Texas Service Center blackhole, we are finally scheduled to have the interview on July 1. Up to this time, the biological father has refused to sign the consent allowing my child to go. My son is willing to come with me. I have been trying to ask for the consent for the longest time, and was told he will, but I am always given the run-around.

I am planning to just go ahead and take my son with me ( with a positive mind that we will pass the interview). I don't know if there was ever a case wherein the immigrations in the Philippines did not let a 17 year old board the plane with his mother with him.

Any advice/experience/known case/, whether positive or negative, will be appreciated. These will help clear my mind.

Thanks.

Who told you that you needed the father's consent? As far I understand it, Philippine Law grants full custodial rights to children in an annulment, since technically the marriage never took place. My stepson was 5 years old when I petitioned he and his mother (K-1 and K-2). Although she was never married to the biological father, still as far as I understand it, the father of your son has no legal custodial rights to your son unless he went to a court and established the rights previously.

Edited June 30, 2011 by 8TBVBN

[rheanick 42]

For as long as the courtship and marriage didnt happen in the Philippines or any place considered Philippine territory and you dont cohabit as husband and wife in the Philippines or Philippine territory no husband can sue his wife for bigamy and vice versa. I had to consult a lawyer before going home to the Philippines to make sure that I wouldnt be facing this charge. This was what my lawyer told me because of the territoriality component of criminal law in the Philippines.

I am now back in the US after a long Philippine vacation.

This is you scenario: you got married in other country, you lived with your husband in other country, you filed for divorce in other country. And can i assume that you never filed for your marriage to be recognized in the Philippines. So technically speaking.. you and your husband are both still single in the Philippines since you dont have any documents in the Philippines showing you are married to each other..

Other filipinas scenario: filipinas who got married in the Philippines, filed their marriage certificate in NSO, and has certificate of marriage (CENMAR) from NSO and filed for divorce in other stay while still a Philippines citizen.

TWO SCENARIOS, TOTALLY DIFFERENT BALLGAME!!!

Lets prevent other filipinas interpreting your case to be similar with the scenario that they could get married in the Philippines and then could file for divorce in other countries, get married to someone else without filing for annulment and expect to get away with bigamy.

Edited July 1, 2011 by rheanick

[Deputy Purple 1,294]

By some miracle, and just 4 hours before my son's interview sched, I now have the affidavit allowing the child to immigrate. It's past 3am in Manila, and my ex-husband's lawyer came to the house and handed it to me. He said the Dad hasn't been sleeping..and he was just with him. And Bob, you were right about the father's fear; but my son is 17 now and he was finally leaving the decision to my son.

Congrats!

Regarding the fear of a Father/Parent... My oldest just turned 19. 8 months ago we were having issues and it was determined that everyone would be happier if she lived elsewhere. It didn't matter that she was already 18, I still lost a lot of sleep worrying. After 6 months she came back asking to move back home.

When you love your child their age matter little compared to everything else involved in the parent-child relationship.

[ezzie 7]

When you love your child their age matter little compared to everything else involved in the parent-child relationship.

Very right. Even the worries and anxieties are hard to shake off when it comes to them. I'm just so glad that the father consented, and we just had a compromise which is good for the child, and not that what is good for us. At the end of the day, it's the child's well-being that matters.

[pixie77 2]

This is you scenario: you got married in other country, you lived with your husband in other country, you filed for divorce in other country. And can i assume that you never filed for your marriage to be recognized in the Philippines. So technically speaking.. you and your husband are both still single in the Philippines since you dont have any documents in the Philippines showing you are married to each other..

Other filipinas scenario: filipinas who got married in the Philippines, filed their marriage certificate in NSO, and has certificate of marriage (CENMAR) from NSO and filed for divorce in other stay while still a Philippines citizen.

TWO SCENARIOS, TOTALLY DIFFERENT BALLGAME!!!

Lets prevent other filipinas interpreting your case to be similar with the scenario that they could get married in the Philippines and then could file for divorce in other countries, get married to someone else without filing for annulment and expect to get away with bigamy.

This is a forum where people interact and share valuable information. I took it upon me to post responsibly as I deem it unfair to dispense erroneous and misleading information. If you differ with my postings I encourage you to address it constructively instead of implying that I am misleading my fellow Filipinos. It will be appreciated if you straighten something with facts than with censorious remarks.

Thank you.

Edited July 2, 2011 by pixie77

[ezzie 7]

This is a forum where people interact and share valuable information. I took it upon me to post responsibly as I deem it unfair to dispense erroneous and misleading information. If you differ with my postings I encourage you to address it constructively instead of implying that I am misleading my fellow Filipinos. It will be appreciated if you straighten something with facts than with censorious remarks.

Thank you.

Very well said.