Some help please

[Colin]

Hello everyone,

have been viewing the forum for a while but as i am quite a shy person have not posted yet but problems have come about in my life which i am hoping people can help with.

I have been married to a Filipino for a few years and my wife is here on a ILR visa.

We have a son who has a British passport.

The sad news unlike most on here our marriage is more or less finished and i was wanting to know a couple of things;

As my son is British is there anyway legally that i can stop my wife from taking him out of the country and back to the Philippines?

Would there be any reason if my wife decided that she would be allowed to remain with our son in the UK and get help with rent etc or is this a no no with the British Gov? Does the rules change because she has a British son or remain the same? ( i would like them to stay in the UK so i can see my son but i think she will try and take him to the Philippines)

[ANDRES25]

Hi Colin,

I sympathize with ur situation but I'm afraid I can't help you. But I'm sure some of the members here like Joe will be able to help you... good luck and hope that everything goes well with you.

[Mrs.JMajor]

lol I was thinking the same thing that Joe will the best person can answer to his query when i read Collin thread
Anyway hope you can sort your problem in soonest time Collin,btw welcome to the forum

[Bluebirdjones]

If she/you have not filed for divorce/seperation yet, she can basically hop on a 'plane with your son & go.
There is no (legal) way you can prevent that.

If you have started the divorce proceedings, you should see your solicitor about getting some sort of "restraining order", that would only allow her to take the child out of the country WITH YOUR AGREEMENT.

That "order" could stay in place until the divorce is finalised, and full judgement made.

See your solicitor !

[Bluebirdjones]

If you obtain this .....
"It is a criminal offence (of child abduction) to take
children under the age of 16 out of the UK without
the consent of every person with parental
responsibility (usually the other parent) or a court
order".

"If there is a residence order in favour of the
other parent, the law requires you to get written
consent".

Hope this helps

[LadyJ]

Hello everyone,

have been viewing the forum for a while but as i am quite a shy person have not posted yet but problems have come about in my life which i am hoping people can help with.

I have been married to a Filipino for a few years and my wife is here on a ILR visa.

We have a son who has a British passport.

The sad news unlike most on here our marriage is more or less finished and i was wanting to know a couple of things;

As my son is British is there anyway legally that i can stop my wife from taking him out of the country and back to the Philippines?

Would there be any reason if my wife decided that she would be allowed to remain with our son in the UK and get help with rent etc or is this a no no with the British Gov? Does the rules change because she has a British son or remain the same? ( i would like them to stay in the UK so i can see my son but i think she will try and take him to the Philippines)

What's your wifes reason why she would like to bring your son to the Phils? Is't just for vacation or permanent stay?

Im sure you still have right to disagree to your wifes decision as you're both still married? WHy not make an agreement between you and your wife for taking turn looking after the son (if not living together), instead of taking him away from any of you. SHe has ILR so Im sure there's no reason for her to go back to PHils for good, that means she can stay in the UK as long as she wanted to.

You're BOTH can claim to any benefits as long you're entitled, this depends on your both income.

Myy advice is to go to Citizen Advice Bureau for free advice and that's including benefits you both could be entitled whether you're both living together or separeted.

Goodluck!:xxgrinning--00xx3:

[LadyJ]

Bluebirdjones

I appreciate your advice to Colin but I think Colin wasn't talking about 'divorce'.

[Colin]

Thanks to everyone for the help you have given.

I was just not sure if my wife decided she was going to board a plane and leave with my son was there anything i could do to stop this and if she stayed could she get help from the Gov for rent etc while only here on an ILR..

Divorce is on the cards as sad as that might be, would my wife be allowed to marry again as we got married in the Philippines?

[empott]

If you filed the divorce, Sir, yes she can still get married under Philippine Law. But if she was the one who filed, marriage again is not valid.
Paging Miss LizSteve, I know you know more about Philippine law. :Help1:

[LadyJ]

Thanks to everyone for the help you have given.

I was just not sure if my wife decided she was going to board a plane and leave with my son was there anything i could do to stop this and if she stayed could she get help from the Gov for rent etc while only here on an ILR..

Divorce is on the cards as sad as that might be, would my wife be allowed to marry again as we got married in the Philippines?

There's no divorce in Phils, we use annulment which takes a lot of time (1yr or more) and money.

YOu can't stop your wife from going back to Phils and leave with your son, however you can stop your wife from doing that if you both make an agreement or find another solution without taking your son away from you.

As I said already (above) go and see Citizen Advice Bureau for more free advice

or ask your wife to visit this website http://www.entitledto.co.uk/default.aspx?cid=fb7c957f-a159-4152-a5c8-c14106caba3d to check what benefit she could be entitled

or contact or visit this website http://www.direct.gov.uk/en/MoneyTaxAndBenefits/index.htm and http://www.jobcentreplus.gov.uk/JCP/Customers/WorkingAgeBenefits/index.html

[charlwill]

Indeed we don't have divorced in the Phils. it's only annulment. But when Colin (being a foreigner) is the one who will file divorce against his wife. It is valid under Phils law if the spouse is still a filipina citizen.

[joebloggs]

Hello everyone,

have been viewing the forum for a while but as i am quite a shy person have not posted yet but problems have come about in my life which i am hoping people can help with.

I have been married to a Filipino for a few years and my wife is here on a ILR visa.

We have a son who has a British passport.

The sad news unlike most on here our marriage is more or less finished and i was wanting to know a couple of things;

As my son is British is there anyway legally that i can stop my wife from taking him out of the country and back to the Philippines?

Would there be any reason if my wife decided that she would be allowed to remain with our son in the UK and get help with rent etc or is this a no no with the British Gov? Does the rules change because she has a British son or remain the same? ( i would like them to stay in the UK so i can see my son but i think she will try and take him to the Philippines)

yes as others have said go to CAB

i would have thought you might be able to go to court and apply for a prohibited steps order - this order prevents specific actions in relation to a child, for example taking them from the country.

if your wife has ILR then the only way really she could lose it, was if she stayed outside the uk for more than 2 years. and even then as her son is British she could probably get a visa because of that.

[empott]

Thanks Chat for explaining it further for me. :xxgrinning--00xx3:

[Colin]

Hi guys,

sorry for the hassle but after reading the links that have been posted and also visiting the CAB i have not got a definate answer to my question ref my now ex wife getting some help ie Housing Benefit & Income Support.

The ILR visa in the passport says she is not entitled to public funds which i think is correct while she is with her husband/sponsor but surely this will change now that the marriage is over. Surely because of my son being British she will get help.

I am out of work at present but will pay child support as soon as i get a job.

My wife is frantic with worry..

Colin

[macaco]

Hi Colin,

Just a query, how long does your wife been in UK? My girlfriend got ILR (which is a resident VISA) and in her passport it does not say no recourse to public funds.

It would only say without recourse to public fund if she is still on your spousal visa.

[kimmi]

Hi guys,

The ILR visa in the passport says she is not entitled to public funds which i think is correct while she is with her husband/sponsor but surely this will change now that the marriage is over. Surely because of my son being British she will get help.

Colin

Correct me if I am wrong but I definitely knew that if she's holding an ILR visa she is now entitled to public funds.:Erm::Erm:

http://filipinaroses.com/showthread.php?t=12399&highlight=ILR

[LadyJ]

With ILR , she can claim any benefits she's entitled to.

[somebody]

I belive wheter divorce is recgonised in phill depends on if married in phill or the uk.

Am i right in saying if married in phill you need to get anulled in phill for the phills to recgonise her as single. if married in the uk and divorced here then she is considered single in phill i belive.

Whatever happens colin please dont feel shy on here, im sure all on here wish to help your child, wife and you so the happiest conculsion out of a sad situation is possible for you all.

[empott]

My husband and I were laughing because the Judge forewarned us (if in case something goes wrong) before he officiated the wedding ceremony. He stated to us the second paragraph of Article 26 of the Family Code: “Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law." (As amended by Executive Order 227)

So, in the case of a Filipino married to an alien spouse, if he or she initiates or files the divorce action, the subsequent divorce will not be recognized here in the Philippines. If he or she gets married here again, he or she will be liable for bigamy.

However, if it is the alien spouse who initiates or files the divorce action, Article 26 of the Family Code will apply. The divorce is recognized here in the Philippines, and if the said divorce allows the former alien spouse to remarry, the Filipino will also have the right to remarry under Philippine law.