Am I Right?

[aphrodite78]

Hi,

Am I right to say that children from bigamous marriage are illegitimate? The reason why I am asking this is I was reading the DSWD requirements for applying for minor travel clearance. My fiance is celebrating his 40th birthday in Dubai and I'd like to take them. I found this on DSWD website:


"Illegitimate children are under the custody of the mother. If they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with person other than the mother, they must secure a travel clearance. "

As previously mentioned, my case is I got 2 kids from a bigamous marriage (my Filipino ex-husband was already married to someone else before he married me). I just wanted to know if I am right because if I am right I need not to seek for their biological consent to travel outside the Phils.

Many thanks.

[adam&chryss]

Hi,

Am I right to say that children from bigamous marriage are illegitimate? The reason why I am asking this is I was reading the DSWD requirements for applying for minor travel clearance. My fiance is celebrating his 40th birthday in Dubai and I'd like to take them. I found this on DSWD website:


"Illegitimate children are under the custody of the mother. If they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with person other than the mother, they must secure a travel clearance. "

As previously mentioned, my case is I got 2 kids from a bigamous marriage (my Filipino ex-husband was already married to someone else before he married me). I just wanted to know if I am right because if I am right I need not to seek for their biological consent to travel outside the Phils.

Many thanks.

yes you are right. i also asked this from one of the personnel in CFO, he said no need. and no one asked me at the airport about Travel Clearance what they asked is if i'm the mother.

[aphrodite78]

thanks so much and have a nice day

[adam&chryss]

thanks so much and have a nice day

you are welcome!

have a nice day as well

[Mrs.JMajor]

Yes, you dont need his approval, you can bring them with you as you are the mother of the 2 kids.

[aphrodite78]

my mom went there to inquire 2 weeks ago at dswd because i'd like to be certain before i come over to the phils to get them. she approached one of their staff and said that i need get my ex's consent i have argued that my marriage is annulled in view of previous existing marriage of my ex. my blood pressure really soared high when my mom rang me and said that i need to get my ex's consent. and i even spent numerous time ringing them but they said they are going to refer me to their supervisor. i could really swing for them. but thank you for the replies i will be quoting their website as well and looks like they don't really know what they are talking about.

[familylawyer]

Bigamous, incestuous and the like kind of marriages are void from the very being. But it is required that the court will declare it as void otherwise, it is still presumed that your marriage is valid. The Certificate of Marriage is a prima facie evidence of a valid marriage thus it must be canceled.

Thus, if your marriage is not yet declared as void by the court, then consent of the father is required.

[Florge]

seems like you don't want to get your ex's consent? if so, best that you get the declaration from the court re invalidity of your marriage.

[aphrodite78]

thanks for the replies, my marriage has been declared void ab initio last aug 29 2005. i spoke to dswd today and my mom went there early this morning and presented my marriage cert (from census) with an anotation stating that our marriage is null and void. as soon as they saw it they said they are going to have it verified with rtc manila and census as recently they have received a lot of fake documents and they just wanted to make sure. thanks so much and appreciate all your advices. good day to all

[beppe]

my mom went there to inquire 2 weeks ago at dswd because i'd like to be certain before i come over to the phils to get them. she approached one of their staff and said that i need get my ex's consent i have argued that my marriage is annulled in view of previous existing marriage of my ex. my blood pressure really soared high when my mom rang me and said that i need to get my ex's consent. and i even spent numerous time ringing them but they said they are going to refer me to their supervisor. i could really swing for them. but thank you for the replies i will be quoting their website as well and looks like they don't really know what they are talking about.

The point is not the legal situation of the father, which can be divorced, bigamous or extramarital affair, but the rights and intentions of biological father.
In a case of adoption, the first question a lawyer asked was what is the situation with the biological father

[aphrodite78]

The point is not the legal situation of the father, which can be divorced, bigamous or extramarital affair, but the rights and intentions of biological father.
In a case of adoption, the first question a lawyer asked was what is the situation with the biological father

hi beppe,

thanks for that. the whereabouts of the father is unknown. dswd tried making contact with him in fact a social worker called my mum because they still required me to submit a proof that our marriage was null and void so i did. they made sure the document i submitted was not forged and inquired at rtc manila if no one contested my doc. they even went to the address of the biological father (his name is very common) in fact 5 got the same name but to no avail. hence dswd said we think you are really telling the truth. my mum even commented that maybe they should have tried their luck looking in somalia their biological father has made it perfectly clear that he has no intention whatsoever to make contact nor acknowledge and support them. the last time i heard (that is thru his sister) he got another child with his legal wife and they have moved on.

if my kids want my fiance to be their legal father which can be done thru adoption that is a bridge that we have to cross if and when they are old enough to decide.