Refuse to sign travel consent

anonymous
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Hi Atty. I have a 5 years old illigetimate son. His father acknowledge him and signed at the back of his birth certificate. My son didnt get any child support from him po since 2012. We dont even know his whereabouts. Now, my son and I will be going to the US for a visit. So, I searched his father to let him sign the travel consent. Luckily I found him on facebook and his now working abroad but not legally I mean his TNT. I humbly asked him to sign the travel consent but he refuse. He dont have any valid reason basta ayaw lang niyang pumirma, thats it!! Atty. Ano po kaylangan gawin para po maka travel ang anak ko with me? Is it possible to have a court order allowing my son to travel? Please help po. Thank you

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Iyong requirement kasi ng consent ng father ay para ma-prevent ang human trafficking at kidnapping ng mga bata para mailayo sa kanilang mga biological parents.

Ngayon, ang problema mo, acknowledged ng ama ang bata, taglay ng bata ang last name ng ama. Hindi siya sumusuporta sa anak niya pero ayaw niyang pirmahan ang consent for travel ng bata.

Dapat kasi, voluntary ang pag pirma, hindi coerced. So, kung sasabihin mo sa kanyang idedemanda mo siya ng criminal case for economic abuse kung hindi siya pipirma (dahil sa hindi siya nagpapadala ng suporta sa anak niya since 2012), you might be able to get him to sign.

That may be the only way out. You can also go to court and ask the court to have his parental authority terminated. Kasi, siya naman ang hindi nakikipag-usap man lang sa bata at hindi nagpapadala ng support -- he is not interested in having a relationship with his son and he has not engaged in any decision making about his son's life, so his parental authority should be terminated.

Other than this, I don't know how you can get around the requirement. You will have to consult a lawyer. You need also to speak with the DSWD. sila din kasi ang gagawa ng home visit at recommendation. So, if you go to court, sila din ang uutusan ng husgado para usisain ang kalagayan ng bata. I suggest you speak with a lawyer about this.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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