Need Experiences: Filipina K1 traveling with Children from potential hostile departure

[rouguewave 7]

Are there any filipina's out there who have had to bring children (derivitive K2 from K1) while leaving with hostile ex-family situation?

Honey ko has children that we will bring with her (derivitive K2 from K1). Some days her ex is fine with this, saying "its good for kids to go and have opportunity". Other days he threatens to make trouble for their departure.

I'm hoping there are others on the forum who have brought children over with potential hostile ex-family that might be willing to share their experiences (public or PM me). We have taken all the necessary steps for the Visa process and the kids will attend the Medical and Interview. We don't expect any problems from USEM.

Right now, honey ko has physical custody of 2, while the 3rd child lives with ex's mom. I am confident that we can manage the situation, but as things progress she becomes more nervous. Sharings from other filipina's about bringing their children over with them would help.

[sunandmoon 450]

I do not have personal experience with this situation, hopefully someone who does can post or PM you.

Here's a link to an attorney who specializes in immigration from the Philippines, should you decide to seek advise from one.

http://www.gurfinkel.com/

[Credzba 0]

I have read from the embassy in China, if the mother does not have 100% custody per the divorce decree, then she needs a letter from the ex stating he approves of the children immigrating to the USA.

This letter should be signed by him, and be notarized.

If she can get him in one of the "yes" moods and get this letter and signature from him, then her worries are over, and he really can't bother her any more about it.

[Jasman0717 9]

Has the other parent signed a release to allow the children to come to the US? If not the K-2 will be denied.

[sunandmoon 450]

I have read from the embassy in China, if the mother does not have 100% custody per the divorce decree, then she needs a letter from the ex stating he approves of the children immigrating to the USA.

This letter should be signed by him, and be notarized.

If she can get him in one of the "yes" moods and get this letter and signature from him, then her worries are over, and he really can't bother her any more about it.

In the Philippines, alot depends on if the children were legitamate or illegitamate. The mother doesn't need a DSWD travel permit for the children to travel outside of the country. however if legitamite and custody is in dispute, the father could put the children on a watchlist, which would make it difficult for them to leave the country.

[rouguewave 7]

Has the other parent signed a release to allow the children to come to the US? If not the K-2 will be denied.

Jasman,

If you know this factually and can produce it, I'd appreciate the specific web reference. Otherwise, the speculation is more harmful than helpful.

The annulment decree declares "Custody of the minor children of petitioner [honey ko] and respondent is hereby awarded to petitioner subject to respondent's visitation rights."

I read the DSWD website about travel permits and saw the issue of watchlist. I believe the annulment decree covers the custody issue, but not sure how "subject to respondent's visitation rights" would be interpreted.

As I said in the original post "I'm hoping there are others on the forum who have brought children over with potential hostile ex-family that might be willing to share their experiences (public or PM me). We have taken all the necessary steps for the Visa process and the kids will attend the Medical and Interview. We don't expect any problems from USEM."

ps to Credzba: Yes, we can try that too but one way he can cause trouble is by refusing to do that until we're ready to board the plane. I'm trying to determine what (if any) others may have experienced.

[sunandmoon 450]

Has the other parent signed a release to allow the children to come to the US? If not the K-2 will be denied.

In our situation, not one question was asked during the interview about my daughter's biological father.

If there are any potential problems, I think it would be departing the country where there might be any possible complications.

rouguewave, I hope you find the answers to your situation.

[raquel_1208 1]

Are there any filipina's out there who have had to bring children (derivitive K2 from K1) while leaving with hostile ex-family situation?

Honey ko has children that we will bring with her (derivitive K2 from K1). Some days her ex is fine with this, saying "its good for kids to go and have opportunity". Other days he threatens to make trouble for their departure.

I'm hoping there are others on the forum who have brought children over with potential hostile ex-family that might be willing to share their experiences (public or PM me). We have taken all the necessary steps for the Visa process and the kids will attend the Medical and Interview. We don't expect any problems from USEM.

Right now, honey ko has physical custody of 2, while the 3rd child lives with ex's mom. I am confident that we can manage the situation, but as things progress she becomes more nervous. Sharings from other filipina's about bringing their children over with them would help.

Can you get them far away from the father after the medical exam and til they depart? The father doesn't have to sign any documents for the mother to be able to get them out of the country and she has full custody of them. No need for DSWD clearances, thank God for the change of law last 2005.

[sunandmoon 450]

Are there any filipina's out there who have had to bring children (derivitive K2 from K1) while leaving with hostile ex-family situation?

Honey ko has children that we will bring with her (derivitive K2 from K1). Some days her ex is fine with this, saying "its good for kids to go and have opportunity". Other days he threatens to make trouble for their departure.

I'm hoping there are others on the forum who have brought children over with potential hostile ex-family that might be willing to share their experiences (public or PM me). We have taken all the necessary steps for the Visa process and the kids will attend the Medical and Interview. We don't expect any problems from USEM.

Right now, honey ko has physical custody of 2, while the 3rd child lives with ex's mom. I am confident that we can manage the situation, but as things progress she becomes more nervous. Sharings from other filipina's about bringing their children over with them would help.

Can you get them far away from the father after the medical exam and til they depart? The father doesn't have to sign any documents for the mother to be able to get them out of the country and she has full custody of them. No need for DSWD clearances, thank God for the change of law last 2005.

perhaps a lawyer who knows Philippine Family Law can give you a definative answer.

[raquel_1208 1]

Are there any filipina's out there who have had to bring children (derivitive K2 from K1) while leaving with hostile ex-family situation?

Honey ko has children that we will bring with her (derivitive K2 from K1). Some days her ex is fine with this, saying "its good for kids to go and have opportunity". Other days he threatens to make trouble for their departure.

I'm hoping there are others on the forum who have brought children over with potential hostile ex-family that might be willing to share their experiences (public or PM me). We have taken all the necessary steps for the Visa process and the kids will attend the Medical and Interview. We don't expect any problems from USEM.

Right now, honey ko has physical custody of 2, while the 3rd child lives with ex's mom. I am confident that we can manage the situation, but as things progress she becomes more nervous. Sharings from other filipina's about bringing their children over with them would help.

Can you get them far away from the father after the medical exam and til they depart? The father doesn't have to sign any documents for the mother to be able to get them out of the country and she has full custody of them. No need for DSWD clearances, thank God for the change of law last 2005.

perhaps a lawyer who knows Philippine Family Law can give you a definative answer.

I got this from the Philippine Embassy website (for more information):

http://www.philippine-embassy.org.sg/index.cfm?GPID=117

Administrative Order No. 2

Series of 2006

Subject: Amendments to Omnibus Guidelines for Minors Traveling Abroad

(AO 14 series of 2005)

In the interest of efficient public service and pursuant to the provisions of existing laws particularly Article IV, Section 8a, Republic Act 7610 otherwise known as Special Protection of Children Against Abuse, Exploitation and Discrimination Act and Section 5f, Republic Act 8239 otherwise known as Philippine Passport Act of 1996, and to respond to issues and concerns based on the actual experiences of the field implementers and other stakeholders, Administrative Order No. 14, Series of 2005 or the Amended Omnibus Guidelines for Minors Traveling Abroad is hereby amended.

Henceforth, this guideline shall provide the direction for the issuance of travel clearance to minors traveling abroad in so far as the specific provisions listed herein are concerned.

1. General Policies:

1.1 A travel clearance is required and shall be secured from the DSWD by the following Filipino citizens:

1.1.1 a minor traveling alone to a foreign country except under special circumstances where a minor whose parents are in the foreign service or are living abroad or are immigrants provided he/she is holding a valid pass such as a dependent’s visa/pass/identification card or permanent resident visa/pass/identification card which serve as proof that he/she is living with parents abroad and their travel does not constitute child trafficking

1.1.2 a minor traveling to a foreign country accompanied by a person other than his/her parents

1.2 A travel clearance from the DSWD is not required by a minor traveling to a foreign country with both or either parents or with his/her solo parent or legal guardian. Solo parenthood or legal guardianship may be proved by:

1.2.1 a photocopy of the solo parent identification card from the Municipal Social Welfare & Development Office or

1.2.2 a photocopy of a certification from the local Social Welfare and Development Office of being a solo parent or Tallaq or Fasakh certification from the Shariah court or any Muslim barangay or religious leader or

1.2.3 in the case of an illegitimate minor, a certificate of no marriage from the local civil registrar or

1.2.4 in the case of a deceased parent, a photocopy of the death certificate, and

1.2.5 in the case of legal guardianship, a certificate of legal guardianship issued by the court

1.3 A minor traveling abroad whose parents are in the foreign service or are living abroad or are immigrants is not required a travel clearance provided he/she is holding a valid pass such as a dependent’s visa/ pass/identification card or permanent resident visa/pass/ identification card which serve as proof that he/she is living with parents abroad and their travel does not constitute child trafficking.

1.4 A travel clearance certificate shall be valid for a period of one year from the date of issuance and shall be valid for multiple travels within the validity period, provided that the conditions under which the travel clearance was issued have not changed. If a change in condition occurs, e.g., a change in traveling companion, a new travel clearance must be obtained.

2. Documentary Requirements:

2.1 For a minor traveling alone to a foreign country for the first time

2.1.1 Duly accomplished application form

2.1.2 A photocopy of the birth certificate or passport of the minor

2.1.3 A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country

2.1.4 As appropriate, a photocopy of the marriage certificate of the minor’s parents or a photocopy of the certificate of legal guardianship of the minor or in the case of solo parents, a photocopy of the solo parent identification card from the Municipal Social Welfare & Development Office or

a photocopy of a certification from the local Social Welfare and Development office of being a solo parent 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 from the local civil registrar or

in the case of a deceased parent, a photocopy of the death certificate

2.1.5 Two colored passport size photos of the minor taken within the last 6 months

2.2 For a minor traveling alone to another country subsequently:

2.2.1 Duly accomplished application form

2.2.2 A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country

2.2.3 A photocopy of the previous travel clearance or as required in 2.1.2 and 2.1.4

2.2.4 Two colored passport size photos of the minor taken within the last 6 months

2.3 For a minor traveling for the first time with a person other than the parents or legal guardian:

2.3.1 Duly accomplished application form

2.3.2 A photocopy of the birth certificate or passport of the minor

2.3.3 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.

2.3.4 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 & 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 from the local civil registrar or

in the case of a deceased parent, a photocopy of the death certificate

2.3.5 Two colored passport size photos of the minor taken within the last 6 months

2.3.6 Photocopy of the passport of the traveling companion

2.4 For a minor traveling subsequently with a person other than the parents or legal guardian:

2.4.1 Duly accomplished application form

2.4.2 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

2.4.3 A photocopy of the previous travel clearance or as required in 2.3.2 and 2.3.4

2.4.4 Two colored passport size photos of the minor taken within the last 6 months

2.4.5 Photocopy of the passport of the traveling companion

3. Procedures

3.1 Application: The application for travel clearance together with the supporting documents required shall be submitted/filed by the parent or legal guardian or a duly authorized representative at any DSWD Field (regional) office (Please see attached list). Application forms may be obtained from any DSWD Field (regional) office or travel clearance office or may be downloaded from the DSWD website (www.dswd.gov.ph).

3.2 Issuance: The travel clearance may be obtained within 3 working days from the DSWD field (regional) or travel clearance unit where it was submitted, provided all requirements have been fulfilled.

3.3 Fees: The DSWD shall collect a processing fee of P300.00 for each travel clearance issued to minors traveling abroad in accordance to Administrative Order NO. 60, series of 2003 (Amendment in the Guidelines on the Charging of Fees and Services). An official receipt shall be issued for the fee collected.

All issuances inconsistent with this Administrative Order are hereby revoked.

Issued this 31st day of March 2006.

Dr. ESPERANZA I. CABRAL

Secretary