Q. I was separated from my ex- husband year 2003 due of physical abuse. I initiated annulment proceedings in the Philippines, However due to some technicalities the annulment did not prosper as I was compelled by circumstances to enter into an amicable settlement with my ex-husband.
In 2007 I came to Canada as immigrant and after a while I sought the dissolution of my said marriage and was fortunate that the government of Canada granted my application. This was followed by my marriage with my Canadian boyfriend. Since then, we have been providing financial support to my nine (9) years old son in the Philippines. I made attempts to sponsor my son to join with me in Canada. But my ex-husband does not cooperate and refused to give his consent for my son to be with me in Canada despite of my countless pleas.
Please help me. In what way I could get my son to join with me? Do I still need to file annulment of my marriage in the Philippines and to have it dissolved? Thank you and more power. NMY
Ands:
Let us clarify first the supposed dissolution of your marriage in Canada. Presumably what you got was a divorce. However, if at the time your divorce was granted in Canada, you were still Filipino citizen, that divorce is not valid. Thus, your marriage in the Philippines is still subsisting and it follows that the subsequent marriage that you have contracted in Canada was and is not likewise valid.
As to the custody of your minor 9-year old son, the only way you can secure it through court proceedings in the Philippines. Under the Family Code, the both the parents (mother and father of the child) have joint custodial power over their minor children.
Incident to the issue of custody of your son is for you to initiate annulment proceedings of your marriage inclusive of your desire to have custody of your minor child. It’s up to the court to decide which parent can best provide the best interest and welfare of the child.
However, if at the time that you obtained your divorced in Canada, you were already a Canadian citizen, this could make your case a lot easier as being Canadian citizen , who can initiate legal proceedings in court for the Judicial recognition of your divorce decree/foreign judgment which in effect dissolved your marriage in the Philippines. And in these proceedings, the issue of child custody and liquidation of matrimonial properties and assets in the Philippines can be the subject of such judgment by the Philippine court. Thank you for writing and wish you the best.