Dear Attorney,

I would like to seek legal advice regarding my child, who is currently living with their mother. Recently, I have been denied visitation rights, and I have learned that the mother intends to take our child out of the country to live with her new partner, who was the cause of our separation. I am concerned about the legality of these actions, particularly regarding my right to see my child and prevent them from being relocated without my consent. What are my legal options in this situation?

Sincerely,
A Concerned Father

Insights

In the Philippines, both parents have joint parental authority and responsibility over their child, regardless of whether the parents are married or not. The law seeks to protect the best interests of the child, and this includes ensuring that the child maintains a relationship with both parents, unless a court determines otherwise.

Visitation Rights
The denial of visitation rights by the child's mother may be seen as a violation of your parental rights. Under Philippine law, specifically the Family Code of the Philippines, parents are entitled to reasonable visitation unless there is a court ruling restricting this due to valid reasons, such as concerns about the child's safety or welfare. If there is no such court order, you have the right to file for a petition in court to enforce your visitation rights. Courts generally favor maintaining a child's relationship with both parents, especially in cases where the child is a minor.
Relocation of the Child Abroad
Relocating a child abroad without the consent of both parents can also raise serious legal issues. Under the law, if both parents have shared custody or parental authority, the decision to move a child outside of the Philippines, especially permanently, requires the consent of both parties. Unilateral relocation may not only violate your custodial rights but can also be a form of child abduction under international law, particularly the Hague Convention on the Civil Aspects of International Child Abduction. While the Philippines is not a party to this convention, local courts still take relocation issues seriously, especially when it involves disrupting the relationship between the child and the non-custodial parent.

To prevent the child from being taken abroad without your consent, you may file a petition for injunction or a hold departure order (HDO) with the court. This will prevent the child from being removed from the country until custody and visitation matters are settled.

Legal Options
If the mother continues to deny you visitation rights or proceeds with plans to take the child abroad, you can take several legal actions:
- File a Petition for Visitation Rights: This will enforce your right to spend time with your child regularly.
- Request a Hold Departure Order (HDO): This will prevent the child from leaving the country without your consent.
- File for Custody Modification: If the mother’s actions are not in the best interests of the child, such as attempting to relocate the child without considering your parental rights, you may request the court to modify the existing custody arrangement.

It is crucial to act swiftly in addressing these concerns. If necessary, you should also consider mediation as an alternative means of resolving the matter amicably without going through lengthy court proceedings. However, if the situation escalates, legal intervention will likely be necessary to protect your rights as a father and to ensure that decisions made regarding your child are in their best interests.