Mother abandons them. Father goes abroad. Children are left with no one to take care of them.

Respicio & Co. represents a couple who seeks to have custody over the wife’s grandchildren. The wife is a Filipina and the husband a Canadian. They eventually will want to bring the grandchildren to Canada.

The father of the children does not object over the custody and the mother has long abandoned them. Under the Family Code, if the parents default, parental authority vests on the grandparents. Parental authority entails custody. If the grandparents eventually wants to bring the children to Canada, nothing in the law stops them.

To be sure, the agreement over the custody should be written and consented to by the grandparents, the present parent and the children. The father, who is abroad, may give his consent online or through other electronic means; The E-commerce law allows this.