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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
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.
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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
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.
Very truly yours,
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
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