US-Canadian citizen baby needs to travel back to Canada from Philippines

[Cash062312 0]

Hi,

Iam a Canadian mother who gave birth in New York City. Our daughter in a canadian- American. I married her dad before she gave birth. Her dad is an illegal alien working In the US so We all went back to the Philippines for a vacation so that I can also sponsor him to Canada. Before we left the states he issued a consent letter for me and the baby to travel back to Canada and had it notarized. Now our relationship is very rocky and I'm filing a divorce. My question is can I bring our daughter back to Canada who is a Canadian-American citizen with only the notarized letter from his father. My husband warned me and scaring me I can't travel with our baby because of child abduction act. I don't know what to do. How can I protect my child and bring her safely out from the Philippines. .?

[Cash062312 0]

Please can somebody help me

[raerjinx 1]

Try calling the nearest DSWD (Department of Social Welfare and Development) office where you are right now, and ask about the procedure just to be sure.

BUt As far as I know, if the baby's citizenship is not Filipino, or is travelling together with one or both parent/s, or whose parents are immigrants/living abroad with proper documentation, the Filipino immigration officers will not stop you from leaving with your child out of the country.

I remember this since my husband (who was still my bf at that time) and I went to a DSWD office in MAnila, and we requested for a travel clearance [/b]for our daughter. The lady in charge told us that it isn't needed anymore as it is not within their jurisdiction/responsibility most especially since our daughter holds an American passport, even if our daughter travels alone as a minor. Thus, I traveled here to the US ahead of my husband and daughter, and my husband (who is a Citizen) did not encounter any problems bringing my daughter out of the country with him. The Filipino officers did not stop him or ask any questions where I was.

Here is a link of the DSWD website so you can read further what I just mentioned about the Travel Clearance for Minors. http://www.dswd.gov.ph/faqs/travel-clearance-for-minors/

Now, don't be scared by what your husband is threatening you with. If you want to leave with your baby out of the country, do it discreetly and without him noticing it, so he can't hide the baby from you. You are Canadian and your baby holds a foreign passport.

[Penguin_ie 5,984]

**** Moving from Bringing Family as this is not about US immigration, to Philippines Regional forum as parental custody laws are country specific ****

[Cash062312 0]

Thank you so much for your insights. I will call DSWD as soon as possible. From there I will know where my standing with traveling with our daughter. I hope it will be in our favor because I'm just protecting our daughter from an abusive relationship physically nd verbally.

[Darnell 8,478]

Ya gotta worry about the father a bit, aye?

You've got the letter and a passport on the child - so that should be sufficient to get ON the plane in the PI,

but IF he's filed a complaint whilst in the PI, you'll be sweating loads till the plane takes off.

Then sweating again once the plane touches down in Canada.

Filing for divorce is immaterial, IMO, as the child has a passport and you have a letter signed by the father.

But if the father files a complaint for abduction - that complaint matters.

[GaryKO 49]

Hi,

Iam a Canadian mother who gave birth in New York City. Our daughter in a canadian- American. I married her dad before she gave birth. Her dad is an illegal alien working In the US so We all went back to the Philippines for a vacation so that I can also sponsor him to Canada. Before we left the states he issued a consent letter for me and the baby to travel back to Canada and had it notarized. Now our relationship is very rocky and I'm filing a divorce. My question is can I bring our daughter back to Canada who is a Canadian-American citizen with only the notarized letter from his father. My husband warned me and scaring me I can't travel with our baby because of child abduction act. I don't know what to do. How can I protect my child and bring her safely out from the Philippines. .?

Wait a minute, your a Canadian citizen? The father is what? Filipino? He was illegal alien working in the US? Where does the Canadian-American come in? If you and your child are Canadian citizens, traveling under Canadian passports, nothing your husband can do to stop you for returning to your home country.

[Hank_ 9,172]

Born in the USA! (... as the Boss sings)

[let-it-be 36]

Wait a minute, your a Canadian citizen? The father is what? Filipino? He was illegal alien working in the US? Where does the Canadian-American come in? If you and your child are Canadian citizens, traveling under Canadian passports, nothing your husband can do to stop you for returning to your home country.

The baby was born in New York City. Thus, a US Citizen by birth. The father's immigration status ( being illegal) is irrelevant to the baby's citizenship.

Edited October 21, 2012 by let-it-be

[GaryKO 49]

The baby was born in New York City. Thus, a US Citizen by birth. The father's immigration status ( being illegal) is irrelevant to the baby's citizenship.

Nothing to do with citizenship, saying a baby is Canadian/American most times refers to one of the parents being Canadian and one being American. I was asking if the father was Filipino.

[let-it-be 36]

Nothing to do with citizenship, saying a baby is Canadian/American most times refers to one of the parents being Canadian and one being American. I was asking if the father was Filipino.

Yes, the father is a Filipino citizen.

[raerjinx 1]

I hope you did call DSWD and ask about their opinion. But as I previously mentioned, you don't need to worry as you're child is an American-CAnadian CItizen.

If matters come to worst,you can always ask help from the US or Canadian Embassy.

Even in Philippine Family Law, a child below 7 years old cannot be separated from the mother not unless there are compelling reasons why a mother can't have the custody like: Instances of unsuitability such as neglect, abandonment, unemployment and immorality, habitual drunkenness, drug addiction, maltreatment of the child, insanity, and affliction with a communicable illness.

Negligent and careless failure to perform the duties of parenthood is a significant element of abandonment, regardless of actual intention.

If you really want to leave the country, just go with your child out of the country ASAP without your husband's knowing if he's that abusive. That will save you time and to prevent him from filing a HOld Departure ORder from the court which will hold you from bringing your daughter out of the country. When he files for custody of your daughter when you guys are still there in the Philippines, you guys may not travel out of the country when the case is still pending, and a Hold Departure ORder from the Court will be given to the Philippine Immigration.

Hope I helped you in some ways. Good Bless to you and your child.

[Darnell 8,478]

^^^^ this. This is the bit I'm worried about, for the OP.