Help - Possible Custody Dispute, Advice Please

I don't know about Australian law, but US regs requires both parents to sign the passport application.
Better check on that first.

 

You watch too much CSI, screw it ! Forge the signature if you must, it's another mans childs life we are talking about here.

 

@ss-covering is Australia's largest industry by far. It occupies huge amounts of time and expense at all government levels and is a tremendous cost to private enterprise as well. Every business in Australia can plan on spending a significant percentage of income on @ss-covering....whether it's insurance, OHS satisfaction, compliance with - often ridiculous - regulations strangling their endeavors, multiple inspections with multiple fees, ad nauseum. I sincerely doubt that the Australian Embassy in Manila is going to fall for a passport application without ensuring the mother's consent has been freely given. No doubt they've been burned before - and have checks in place to prevent it. Which means getting the original passport. Just adds to the complication....and would likely call for the missus to be 'entertained' for a while to accomplish the passport and child retrieval and leave the country.

 

Garbonzo, Your making it sound more complicated than it really is. Getting a replacement passport is not a big deal especially since the kid is already in the Philippines. That might be the case if your already in Australia and applying for a first time passport for the child. It is not miss use when a legal parent does not have a passport for their child to travel. I really don't see how the Philippine government has any jurisdiction over a foreign child that is an Australian citizen in the first place even if the mother is a Filipino national. Obviously the mother cannot provide financial support for the said child that is a non-Filipino citizen to begin with and it would be in the best interests for the father to take custody for the child's welfare. There is no child-support or divorce in the Philippines so the father cannot be forced to pay anything. Any court would look at the financial stability of either parent and consider the welfare and better interests of the child first. Even if the mother won custody in the Philippines which I very much doubt would happen. All the father would have to do is file for custody in Australia and get a judgment, then it gets very political in the Philippines and the government would have no choice but to surrender a foreign citizen to the legal father. I must assume that the child was born in the Philippines, as soon as the father took that child inside the Australian embassy and claimed it as his child and was issued naturalization papers and was issued an Australian passport the said child is no longer a Filipino citizen anymore. Dual citizenship does not apply in this matter since the child is not of legal age of 18 years old and under Philippine law that's when the child has a right to choose dual citizenship.

 

As of 2010, with no significant changes expected, Philippine nationality law provides that a person becomes a Philippine citizen by birth if
that person was born on or after October 15, 1986 and at least one parent was a Philippine citizen on the birthdate;[3]
that person was born on or after January 17, 1973 and either both parents were Philippine citizens on the birthdate or the person elected Philippine citizenship pursuant to the provisions of the 1935 Constitution;[4]
or the person was born on or after May 14, 1935 and the father was a Philippine citizen or, if the father was not, the mother was a Philippine citizen and the person elected Philippine citizenship pursuant to the provisions of the 1935 Constitution;[5]
or that person was born on or after August 29, 1916 and prior to May 14, 1935 and at least one parent was an inhabitant and resident of the Philippine Islands and a Spanish subject on April 11, 1899, or that person was an inhabitant and resident of the Philippine Islands and a Spanish subject on April 11, 1899, except in certain specific cases.[6]

She makes one phone call and it is all over - red rover and the Philippines media and legal system would have a feast on a foreigner trying to steal a child from the Philippines. And that assumes the passport application isn't rejected at the embassy - which I have little doubt about occurring. They're not idiots there...virtually every Australian at the embassy would have a university degree, many would be postgraduates or double-degreed. Foreign affairs is a highly sought and very competitive vocation here. And that @ss-covering is an art-form in the foreign service.

 

The child is also a Philippine citizen in the Philippines. I would suggest you study up on Philippine law, as it is Philippine law that has jurisdiction over a Philippine citizen in the Philippines.

Larry

 

Ok, now let's address Australian law;


What is passport fraud?

The Australian Passports Act 2005 includes a number of offences relating to fraud, both in the passport application process and the subsequent use of Australian passports.
These offences include:

making or giving false statements in a passport application
presenting false or misleading documents in a passport application
improper use or possession of an Australian passport
selling, damaging, altering or dishonestly obtaining an Australian passport
failure to report a lost or stolen Australian passport.

Passport fraud may include such things as:

forging the signature of a guarantor, witness or another person who has parental responsibility for a minor
signing that you have witnessed a signature when you haven’t seen the person sign
signing as the guarantor for someone you have not known for more than 12 months and declaring that you have
using fake identity or birth documents or those not belonging to you
giving your passport to someone else to use
giving or selling your identity documents.


Prosecution and penalties

Fraud prevention and detection is a core component of the Australian Passport Office’s passport issuing process. A team of professional fraud investigators vigorously pursues breaches of the Australian Passports Act 2005.

Offences under the Australian Passports Act 2005 are indictable offences and can attract terms of imprisonment of up to 10 years and a penalty of up to $110 000 or both.

Only an absolute idiot would attempt this as you have outlined it.

Larry

 

Crazy things happen to us in the Philippines. There is one very good but young lawyer in Dumaguete. Contact Michael Miguel at 0919 601 0123. He also has an office across from Robinsons mall./////

 

I talked to Micheal one time about notarizing a deed of sake on an auto. He wanted 5% of the purchase price for a notary stamp!

Larry

 

I have to agree with Steve, here you are just screwed. If she has the desire and will she will screw you over hardcore eventually when she figures out how.

Go to the Embassy and say your passports were stolen for you and your son, bring recent as you can pictures of him. Soon as you have new or temp passports grab your son and take the next flight out never looking back. Touch down in Aus and file a police report and get legal advice incase she tries to come over she could probably be nabbed at airport and charged.