Q. Hi attorney, I’m from Canada. I got married in the Philippines to a Filipina since 2011. We have two daughters, three (3) and two (2) years old respectively. They are in the Philippines with my wife.
At first my marriage seems perfect, we did plan to live here in Canada since it has a lot of better opportunities to offer especially for the kids. I petitioned them last 2013 and that year to we got their Visas, but before that year ends, I found out that my wife was cheating on me.
Her relatives told me about it and so I did my own investigation to prove it myself and when I found out that everything was true. I decided not to get them anymore. We separated from that time too. The Visas expired.
We still have communications up to now since I’m still supporting my kids. We’re not legally separated, I want to get my kids but she won’t let them come here without her.
What should I do? Do I have to file for a custody case which from what I heard, I have a small chance to win? Or should I file for an adultery case?
Please help me know what the best way to get my children is. Because they’re being neglected in the Philippines. Thank you attorney. Kenneth.
Q. Hello there, I suggest you prioritize your course of actions. If your first priority is to have your kids with you in Canada, there are a number ways of doing it:
You could file a petition in court for the custody of your children. At the same time file a case of adultery against your wife. This route is adversarial and will take a lot of resources and time.
However, you have to be physically present in the Philippines upon filing the petition or complaint for adultery. Thereafter and during the pendency and proceedings of your cases, your testimony and physical presence in Philippine may be required by the court.
As Canadian citizen, you may also file a divorce in Canada to end your marriage and for the custody of your children. Once, you have court’s judgment of the divorce in Canada, you can have the same enforced in the Philippines, by filing a petition in Philippine court for the recognition of foreign judgment. However, this approach is a long haul, especially where the matter of custody of your minor children will be on the table.
Both options mentioned above requires time, money and emotional tolls that goes with it. There is also that possibility that Philippine court may or may not rule in your favor, and this could also be true as regards the issue and custody of your children.
The other option that you can consider which is really a judgment call on your part, is to talk with your estranged wife, and make a deal with her, to the effect that you are considering including her in your sponsorship with your children and the moment your family is already in Canada, perhaps you and your wife can mend your differences and become a family again.
However, should reconciliation with your wife is not tenable when she is already in Canada, you could avail of other legal appropriate remedies like divorce and to seek legal custody of your children, among others.
At least, in the last option, you are able to achieve your first priority, without spending resources, money and time should you opt to initiate the legal proceedings mentioned above as an instrument of having your children brought to Canada for a better future and opportunity.
It is further recommended that you confer with your lawyer in your community for further professional advice to guide you through with your queries. Thank you for writing and for being part of the “ Batas Pinoy Global Community”.
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