I am being threatened by my ex-husband....

Dear Atty. Pulido,

I recently separated with my husband and we have a 4 year old daughter. My daughter stays with me and her father would pick her up from our house to bring her to school and bring back to the house after school. They would also have lunch together in the house or go to the mall. We were doing fine with this arrangement. However, there were times when the father would feel that it was not enough time for him and his daughter to be together and he would resort to all kinds of harassment – he’d send me text messages threatening me and my family’s safety, my work and just about anything that involves me. He said he will stop at nothing just so he can get his daughter. He can be very violent when he’s upset. He keeps on threatening me also of a lawsuit. He mentioned that his lawyer has drafted a formal paper of the terms of his visitation rights and if I don’t agree, they will file it in court.

I have no problems going to court since I know I have custody of my daughter. I took my daughter for a vacation for now for our safety. My ex-husband has access to our house and can go there anytime to cause us harm. He said that I need to tell him our whereabouts at all times or else there will be a writ of habeas corpus filed against me and all my family members. Is this true?

I also have plans of moving to another house so we can have our peace of mind. Am I obliged to let him know of our new address? What about our safety? Can a father demand an outrageous deal of visitation rights even if he doesn’t give financial support at all? If he agrees to a financial support, and fails to do so, can I deny visitation rights? Your advice would definitely help me.

Thank you so much.

Gem

Atty. Jeanie S. Pulido's Reply:

Dear Gem,

In cases of separation in fact between couples, a parent's right to see his children is not dependent on his/her giving of financial support to the children. Under the Family Code, spouses are jointly obliged to provide support and exercise parental authority over their children. The failure of either parent to provide support to the children is not a ground for termination of parental authority or denial of a parent's visitation rights.

I suggest that you take a look first at the draft of the agreement prepared by your husband's lawyer. If the agreement contains unreasonable terms and conditions, you may ask that the same be revised. If they will refuse to revise the agreement, you have the right to refuse to sign the agreement they have prepared. If they will threaten you that they will bring the case to court, so much the better then because the court will fix his visitation rights and you may also raise the issue of support to your daughter. In case of violation of the court's order, the party violating the court's order may be cited in contempt of court.


Thank you for visiting Femalebattle.net.

 


My husband married another woman.....

Dear Atty. Pulido:

Greetings to you. I am a wife of an OFW. He is now working in Riyadh Saudi Arabia as a technician. My problem is this he said he is now a converted Muslim and married a converted Muslim woman. The woman works also in their company as radiologist. They said that I cannot sue them and that their marriage in Islam is legal. I am legally married to him here in the Philippines. Is it true that I cannot sue them? I just want to get back on them because of all the hurts they have given to me and to my daughter. I wanted them to suffer for the sins they have committed to us.

How will I do that can you please help me. Thank you very much and I do hope you will reply to me as soon as possible.

Troubled Wife

Atty. Jeanie S. Pulido's Reply:

Dear Troubled Wife,

If your husband has indeed converted into Islam, the law applicable to him is the Shariah Law and not the Family Code.

I must admit I am not conversant in Shariah Law. Very few lawyers are familiar with the proceedings in Shariah Courts.

At any rate, even assuming for the sake of argument that your husband's marriage is not valid under the law applicable to Muslims and he is guilty of bigamy for getting marriage without causing annulment or declaration of nullity of your marriage with him, you cannot sue your husband for bigamy because the essential element of the crime of bigamy ( the act of getting married for the second time) was committed outside the territorial jurisdiction of the Philippines. In view thereof, the Philippine courts has no jurisdiction to try the crime committed by your husband because it was committed outside the territorial jurisdiction of the Philippines.

Thank you for visiting Femalebattle.net.

Very truly yours,

Jeanie S. Pulido

Attorney-at-Law
Unit G-07 Antel Seaview Tower A,
2626 Roxas Boulevard, Pasay City,
Metro Manila, Philippines

Tel No. (632) 5517673
Telefax No. (632) 5517662

Email: jsplaw@philonline.com

Please do visit my website.

Click here to submit your queries.