THE PHILIPPINES AND CHILD ABDUCTION
General Information The
Philippines is not a party to the Hague Convention on the Civil Aspects
of International Child Abduction, nor are there any international or
bilateral treaties in force between the Philippines and the United
States dealing with international parental child abduction. Therefore,
there is no treaty remedy by which the left behind parent would be able
to pursue recovery of the child/ren should they be abducted to or
wrongfully retained in the Philippines. Once in the Philippines, the
child/ren would be completely subject to Philippine law for all matters
including custody. The
United States is not a party to any treaty or convention on the
enforcement of court orders. A custody decree issued by a court in the
U.S. has no binding legal force abroad, although it may have a
persuasive force in some countries. Furthermore, a U.S. custody decree
may be considered by foreign courts and authorities as evidence and, in
some cases, foreign courts may voluntarily recognize and enforce it on
the basis of comity (the voluntary recognition by courts of one
jurisdiction of the laws and judicial decisions of another). Custody Disputes Parental
child abduction is not a crime under Philippine law. Custody disputes
are considered civil legal matters that must be resolved between the
concerned parties or through the courts in the Philippines. Philippine
authorities advise the American Embassy that generally the Philippine
courts will give custody of children under the age of seven to the
mother, provided there is no evidence that would indicate that the
mother is unfit to raise the child. Although there is no treaty in
force between the United States and the Philippines on enforcement of
judgments, the Philippine courts will also take into consideration
child custody decrees issued by foreign courts in deciding disputes
regarding children residing in the Philippines. The
Department of Justice in the Philippines states that, in general,
redress in child custody cases is sought through habeas corpus orders/
proceedings in court. These orders can be obtained on an expedited
basis and direct law enforcement to locate and take a child into
custody for the purposes of an emergency hearing. Ideally, these orders
and proceedings ensure due process under the local laws as well as
providing protection for the child/ren. In
order to bring a custody issue before the Domestic Relations/Family
Court, the left-behind parent will require the assistance of an
attorney licensed to practice in the Philippines. A parent holding a
custody decree issued in U.S. courts must therefore retain local
counsel in the Philippines to apply to the Philippine courts for
recognition and enforcement of the U.S. decree, or to invoke the writ
of habeas corpus. Although visitation rights for non-custodial parents
are not expressly stipulated in the Philippine Civil Code, court
judgments often provide visitation rights for non-custodial parents. U.S.
consular officers are prohibited by U.S. federal regulations from
providing legal advice, from taking custody of a child, from forcing a
child to be returned to the United States, from providing assistance or
refuge to parents attempting to violate local law, or from initiating
or attempting to influence child custody proceedings in foreign courts. The
American Citizen Services division of the Consular Section at the U.S.
Embassy can assist in locating children believed to be in the
Philippines and in verifying the child's welfare. If a child is in
danger or if there is evidence of abuse, consular officers will request
assistance from the local authorities in safeguarding the child's
welfare. Consular officers maintain lists of attorneys practicing in
the particular areas of the Philippines, as well as general information
regarding child custody practices. Deportation While
there is an extradition treaty between the United States and the
Philippines, parental child abduction is not an extraditable offense.
However, if the taking parent is a U.S. citizen whose U.S. passport has
been revoked due to an outstanding federal Unlawful Flight to avoid
Prosecution (UFAP) warrant or indictment on charges of International
Parental Kidnapping (IPKCA) in violation of 18 USC Section 1204,
Philippine authorities may consider deportation based on lack of a
valid travel document. Reaching
the U.S. Embassy or Consulate that serves the Philippines: The U.S.
Embassy in Manila is located at 1201 Roxas Boulevard, Manila City; tel.
(63-2) 523-1001. The Consular American Citizen Services fax number is
(63-2) 522-3242 and the ACS web page is
http://usembassy.state.gov/posts/rp1/wwwh3004.html. The U.S. Consular
Agency in Cebu provides limited services for U.S. citizens. The
Consular Agency address is: Third Floor, PCI Bank, Gorordo Avenue,
Lahug, Cebu City; tel. (63-32) 231-1261. Reaching
the Foreign Country's Embassy in the U.S.: For further information,
contact the Embassy of the Philippines, 1600 Mass. Ave., N.W.,
Washington, D.C. 20036 (202/467-9300) or nearest Consulate General: CA
(213/387-5321 and 415/433-6666), HI (808/595-6316), IL (312/332-6458),
NY (212/764-1330), or Guam (671/646-4620). Internet address:
http://us.sequel.net/RPinUS/ Dual Nationality A
child with a parent who was born outside of the U.S. or who has
acquired a second nationality through naturalization in another country
may have a claim to citizenship in that country. There is no
requirement that a U.S. citizen parent consent to the acquisition by
his/her child of another nationality and in many cases a parent is
unaware that his/her child may have dual citizenship. The Embassy of
the Philippines in Washington D.C. will be able to provide more
detailed information on whether your child has a claim. For additional
information, see the Consular Affairs home page on the Internet at
http://travel.state.gov for our Dual Nationality flyer. New
Law on Passport Applications for Minors: On July 2, 2001, The
Department of State began implementation of the new law (Section 236 of
P.L. 106-113) regarding the passport applications of minor U.S.
citizens under age 14. Under this new law, a person applying for a U.S.
passport for a child under 14 must demonstrate that both parents
consent to the issuance of a passport to the child or that the applying
parent has sole authority to obtain the passport. This law covers
passport applications made at domestic U.S. passport agencies in the
United States and at U.S. consular offices abroad. Exceptions to this
requirement may be made in special family circumstances or exigent
circumstance necessitating the immediate travel of the child. The
purpose of the new requirement that both parents' consent be
demonstrated is to lessen the possibility that a U.S. passport might be
used in the course of an international parental child abduction. Children's Passport Issuance Alert Program (CPIAP) Separate
from the two-parent signature requirement for U.S. passport issuance,
parents may also request that their children's names be entered in the
U.S. passport name-check system, also known as CPIAP. A parent or legal
guardian can be notified by the Department of State's Office of
Children's Issues before a passport is issued to his/her minor child.
The parent, legal guardian or the court of competent jurisdiction must
submit a written request for entry of a child's name into the Passport
Issuance Alert Program to the Office of Children's Issues. The CPIAP
also provides denial of passport issuance if appropriate court orders
are on file with the Office of Children's Issues. Although this system
can be used to alert a parent or court when an application for a U.S.
passport has been executed on behalf of a minor, it cannot be used to
track the use of a passport. If there is a possibility that your child
has another nationality, you may want to contact the appropriate
embassy or consulate directly to inquire about the possibility of
denial of that country's passport. There is no requirement that foreign
embassies adhere to U.S. regulations regarding issuance and denial of
passports. For more information, contact the office of Children's
Issues at 202-312-9700. General passport information is also available
on the Office of Children's Issues home page on the Internet at
http://travel.state.gov/children's_issues.html. Initiating Foreign Enforcement Proceedings Under Local Law If
a country is not a signatory to the Hague Convention on the Civil
Aspects of International Child Abduction, it may be necessary for you
to initiate a child custody action in the courts in the foreign
country. This usually will require retaining the services of an
attorney abroad (See below). The Department of State, Office of
Children's Issues is not a repository for foreign laws. However,
selected information may be available concerning general procedures on
child custody in particular countries. Contact the Office of Children's
Issues to see if such information is available. For additional
information, see judicial assistance for the Philippines on the
Internet at http://caweb/cainternet/philippines_legal.html. Consular
Information Sheet (CIS) for the Philippines can be accessed via the
Consular Affairs home page at http://travel.state.gov. Retaining a Foreign Attorney A
list of English speaking attorneys is available from the U.S. State
Department Office of American Citizens Services. (See also our general
information flyer, Retaining A Foreign Attorney or via our home page on
the Internet under Judicial Assistance at
http://caweb/cainternet/judicial_assistance.html#attorneys.) See also
the Martindale-Hubbell Law Directory available in law libraries. It may
be helpful to provide your foreign attorney with copies of any state
laws concerning child custody orders and their enforcement in the U.S. Legal Aid Some
countries provide legal aid services in child custody cases. The legal
attache or consular section of the foreign embassy in Washington, D.C.
may have specific guidance. For addresses and phone numbers of foreign
embassies in Washington, see the heading "Entry Requirements" in the
Office of American Citizen Services' country specific Consular
Information Sheets via our home page on the Internet. Legal aid
information may also be available from a local branch of the
International Social Service. The ISS' headquarters are in Geneva,
Switzerland, but information or assistance may be available through its
New York branch at 10 W. 40th Street, New York, N.Y. 10018, Tel. No.:
212-532-6350. The National Center for Missing and Exploited Children
maintains a list of attorneys interested in Hague Convention and
International Child Custody cases. You may obtain additional
information about the attorney program at the National Center by
calling 1-800-843-5678 or 703-274-3900. The Internet home page for the
National Center can be reached directly at www.missingkids.org. See
also the US Department of State flyer Retaining a Foreign Attorney,
available via our home page on the Internet for other reference sources
on legal aid. Authentication and Translation of Documents It
may be necessary for you to provide foreign authorities or your
attorney with authenticated, translated copies of your child custody
order and any other pertinent documents. Consult your foreign attorney
before going to this expense. An information flyer explaining the
authentication process is available from the Office of American
Citizens Services, through our automated fax system or via our home
page. These topics include Hague Legalization Convention and General
Authentication Flyer. See also the U.S. State Department's
Authentications Office home page at http://www.state.gov. Service of
Process: If you need to serve process on a person abroad in connection
with a child custody case, you may obtain copies of our country
specific judicial assistance flyers on this subject through via our
home page on the Internet at
http://caweb/cainternet/judicial_assistance.html. See also, Service of
Process Abroad, Hague Service Convention, Inter-American Letters
Rogatory Service Convention, and Preparation of Letters Rogatory. See
also the Department of State office of the Legal Adviser for Private
International Law (L/PIL) home page at http//www.lpil.com. Criminal Remedies The
Department of State is not a law enforcement agency. The Department of
Justice, Office of International Affairs works with US prosecuting
attorneys, the Federal Bureau of Investigation and with Interpol (an
international police agency) in a joint cooperative effort to return
persons charged with US crimes from foreign countries. Extradition of
the abducting adult may not result in the return of the child. Foreign
countries may refuse to extradite a person to the US if that person is
also a citizen of the foreign country. Foreign countries may not
recognize parental abduction as a crime. Please note that the
extradition process applies only to the abducting adult/fugitive and
not the child. The proper channel for the return of the child is
through civil mechanisms or voluntary return arrangements. Additional
information is also available on the Internet at the web site of the
U.S. Department of Justice, Office of Juvenile Justice and Delinquency
Prevention (OJJDP) at http://www.ojjdp.ncjrs.org. Additional
Information: The Office of American Citizens Services has available
general information flyers on international judicial assistance, many
of which are available through our automated fax system or via our
Internet Consular Affairs home page. These topics include
country-specific information about service of process and obtaining
evidence abroad. 1. Using the Autofax System: 2.
Using the Internet: Many of our judicial assistance flyers are also
available on the Internet via the Department of State, Bureau of
Consular Affairs home page at http://travel.state.gov under Judicial
Assistance. See also, the Department of State, Office of the Legal
Adviser for Private International Law home page for information
regarding private international law unification. See also the home
pages for many of our embassies. The
Overseas Citizen Services (OCS) in the Bureau of Consular Affairs (CA)
has general information about arranging for consular visits to abducted
children, hiring a foreign attorney, service of process, enforcement of
child support orders, and international enforcement of judgments, which
may supplement the country-specific information provided in this flier.
In addition, the Department of State publishes Consular Information
Sheets (CISes) for every country in the world, providing information
such as location of the U.S. Embassy, health conditions, political
situations, and crime reports. If the situation in a country poses a
specific threat to the safety and security of American citizens that is
not addressed in the CIS for that country, the Department of State may
issue a Public Announcement alerting U.S. citizens to local security
situations. If conditions in a country are sufficiently serious, the
Department of State may issue a Travel Warning recommending that U.S.
citizens avoid traveling to that country. These documents are available
on the Internet at http://travel.state.gov or by calling the Department
of State's Office of Overseas Citizen Services at (202) 647-5225. Toll Free Hotline Overseas
Citizens Services in the Bureau of Consular Affairs (CA/OCS) has
established a toll free hotline for the general public at
1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m.
Eastern Standard Time, Monday through Friday (except U.S. federal
holidays). Callers who are unable to use toll-free numbers, such as
those calling from overseas, may obtain information and assistance
during these hours by calling 1-317-472-2328. Persons seeking
information or assistance outside of these hours, including on weekends
or holidays should call 1-202-647-5225. The
OCS hotline can answer general inquiries regarding international
parental child abduction and will forward calls to the appropriate
Country Officer. For specific information and other services available
to the searching parent, please call the Office of Children's Issues
public phone number at 1-202-312-9700 during normal working hours. Questions Additional
questions may be addressed to the appropriate country officer of the
U.S. Department of State, Bureau of Consular Affairs, Office of
Children's Issues, SA-22, 2201 C St., NW, Washington, D.C. 20520-4811,
TEL: (202) 312-9700, FAX: (202) 312-9743. Additional
information regularly updated is available on the Internet at the
Bureau of Consular Affairs home page. That Internet address for the
Office of Children's Issues is
http://travel.state.gov/children's_issues.html.
