Compel Parents to Provide Children Philippines

Legal Measures to Compel Parents to Provide for Their Children

Question:

The client is shouldering the expenses for the upbringing of their nieces and nephews. The parents (the client's brother and his wife) have been separated for two years and are both unemployed. The client wants to know what legal steps can be taken to compel the parents to provide for their children.

Answer:

Applicable Laws:

1. Family Code of the Philippines: This law sets out the obligations of parents to provide for their children.
2. Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004): This can be invoked for economic abuse if either parent is failing to provide financial support intentionally.

Can I Legally Compel the Parents to Provide Support?

Yes, under Philippine law, parents are primarily responsible for the welfare and upbringing of their children, including financial support.

Steps to Take:

1. Formal Discussion: Initially, try resolving the matter amicably by discussing responsibilities.
2. Send a Demand Letter: If informal methods fail, you can send them a formal demand letter for child support, specifying the needs and associated costs.
3. Legal Action: If they continue to ignore their obligations, you can consult a lawyer and file a legal action to compel them to provide support. This can be a petition for support in court, which may include an order to garnish their wages if they become employed in the future.

Who Can File the Petition?

Technically, you, as the individual shouldering the expenses, do not have the direct legal standing to file for child support. The appropriate petitioner would be the custodial guardian, who is most often one of the parents. However, you can assist in facilitating the legal process.

Role of DSWD:

The Department of Social Welfare and Development can also play a role in cases like this, especially if neglect is apparent. They can undertake measures to ensure the children's welfare and even file legal actions on their behalf.

Disclaimer:

This article is for informational purposes only and does not constitute legal advice. Consult a qualified family law attorney for advice specific to your situation.