Legal Question in Family Law in Philippines

divorce & child custody

i am filipina who got married to an australian citizen in 2003 in australia, i went back to my home country that same year. now, were no longer together. we have a 3 yr old son who was born in the phils and lives with me. we are getting a divorce soon and husband is threatening to take our son to aussie. we never got to the point of fixing my spouse visa which makes it hard for me to actually go there. would child custody be granted to me or him?


Asked on 5/22/07, 1:57 am

2 Answers from Attorneys
Reynaldo Destura Destura & Associates Law Offices

Re: divorce & child custody

Uner Philippines law, custody of a child less than 7 years old is given to the mother.

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Answered on 5/22/07, 2:49 am
Frederick de Borja DE BORJA LAMORENA AND DUANO LAW OFFICES

Re: divorce & child custody

If you are having your marriage annulled in Australia, then the Philippine law giving the mother primary custody if the child is 7 years of age or below will not apply. I suggest you file an action for annulment here and ask for sole custody of the child. That way, your child cannot be taken by your husband. There is an international anti-child abduction treaty to which unfortunately the Philippines is not a signatory. If your husband gets an award of custody in

Australia he may very well use that to justify taking the child to Australia by having the award of the Australian court recognized here in the Philippines.

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Answered on 6/22/07, 11:59 am


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