Dear Attorney,

I am a single parent working as a call center agent, raising my child on my own. The father of my child has been refusing to provide the financial support we agreed upon during a barangay hearing. His reason for withholding support is that I do not allow him to visit the child. However, his refusal to meet the agreed financial support has been recurrent, including failing to send the agreed amount on time. I have tried to balance fairness and my child’s welfare, but his incompetence and neglect of his responsibilities continue.

What legal steps can I take to compel him to fulfill his financial obligations and establish fair visitation terms while ensuring the best interests of my child? I am looking for advice on navigating this situation within the bounds of Philippine law.

Sincerely,
A Concerned Single Parent

Legal Perspective: Comprehensive Guidance on Child Support and Visitation Rights under Philippine Law

Raising a child as a single parent is both a challenging and rewarding endeavor, particularly when the noncustodial parent fails to meet their obligations. In the Philippines, child support and visitation rights are governed by family law principles that prioritize the child’s best interests. Below, we explore the legal remedies, rights, and obligations relevant to this case.

1. Legal Basis for Child Support in the Philippines

Under the Philippine Family Code (Executive Order No. 209), parents are obligated to provide support for their legitimate and illegitimate children. This obligation is rooted in Article 195, which enumerates those legally obliged to support one another, including parents and their children. Support encompasses everything indispensable for sustenance, including food, shelter, clothing, medical care, and education.

Key Provisions:

Article 194: Defines support as everything necessary for sustenance, including moral and spiritual needs, proportionate to the resources of the giver and the needs of the recipient.
Article 201: Support must be given based on the child’s needs and the parent’s capacity to provide.
Article 203: The obligation to provide support cannot be waived, as it is a natural duty of parenthood.

Barangay Settlement and Non-Compliance:

In your case, the barangay hearing serves as an initial attempt to mediate disputes under the Katarungang Pambarangay Law (Presidential Decree No. 1508). If the father fails to comply with the agreed financial support, his non-compliance constitutes a violation of the agreement, which can be enforced through legal action.

2. Filing for Child Support

If the father refuses to comply voluntarily, you may file a petition for child support in court. Here are the steps:

a. File a Case in Family Court

Under the jurisdiction of Republic Act No. 8369 (Family Courts Act of 1997), family courts handle child support cases. Prepare the following:

A copy of the barangay agreement and a certification to file action (CFA) issued by the barangay.
Evidence of the father’s financial capacity (e.g., income statements, employment records).
Proof of the child’s needs (e.g., receipts, school records, medical bills).

b. Provisional Support Pending Litigation

You may request provisional support while the case is ongoing, as provided under Article 208 of the Family Code.

c. Enforcement of Support Orders

If the court grants your petition, the father may be compelled to provide regular support. Failure to comply may result in civil or criminal liabilities, including contempt of court.

3. Child Custody and Visitation Rights

a. Custody Rights of the Mother

Under Article 213 of the Family Code, children under seven years old are automatically placed under the custody of the mother, unless there are compelling reasons to rule otherwise.

b. Visitation Rights of the Father

While the father retains visitation rights, these are separate from his financial obligations. His failure to provide support does not extinguish his right to visit, but such visitation must be aligned with the child’s welfare.

c. Restrictions on Visitation

If the father’s behavior or circumstances (e.g., neglect, harmful influence) are detrimental to the child, you may petition the court to impose supervised visitation or suspend visitation rights altogether.

4. Mediation and Alternative Dispute Resolution (ADR)

Family disputes are often encouraged to undergo mediation to promote amicable solutions. Supreme Court A.M. No. 01-10-5-SC-PHILJA mandates mediation for family law disputes. Mediators help both parties reach agreements on support and visitation that prioritize the child’s welfare.

5. Remedies for Non-Compliance

a. Civil Action

File for enforcement of the barangay agreement or court order through a Motion for Execution. This ensures that the father fulfills his obligations.

b. Criminal Liability

The father’s refusal to provide support may constitute economic abuse under the Anti-Violence Against Women and Their Children Act (Republic Act No. 9262). You may file a complaint with the prosecutor’s office, which could lead to criminal penalties.

c. Garnishment or Wage Deduction

You may request the court to garnish the father’s salary or bank accounts to ensure compliance with support obligations.

6. Practical Considerations

a. Documentation

Keep detailed records of all expenses related to your child’s needs, communication with the father, and instances of non-compliance.

b. Legal Representation

Consider seeking pro bono legal assistance from organizations like the Public Attorney’s Office (PAO) if financial constraints limit your access to private counsel.

c. Best Interests of the Child

Ensure that all legal actions prioritize the child’s physical, emotional, and psychological well-being.

7. Conclusion

The father’s refusal to provide financial support despite an agreement reflects a breach of his legal and moral responsibilities. By filing a case for child support and ensuring compliance through enforcement mechanisms, you can secure the resources necessary for your child’s growth and development. Simultaneously, visitation rights should be approached with the child’s best interests in mind, balancing fairness and welfare.

Seek immediate legal advice to initiate these steps, and remember that the law is on your side to protect your rights as a parent and your child’s future.