My ex boyfriend whos from canada borrowed my son for a 2 weeks visit in calgary to meet his family as he said hes grandfather is dying soon and he wanted to meet zane my 3 year old son. I trusted him but its been a month now since they went to canada and my ex bf have no plan on flying back my son to philippines. He said the canada immigration are not allowing my son to live or stay in philippines for more than 30days. And now he said he can fly my son back if i will sign a paper that can make him have full custody of the child. I hope someone here can give me advice on what should i do to have my son back.
How can i have my son back?
- Thread starter Lyn C
- Start date
There is a word for this; Kidnapping.
As asked by the previous member, is your boyfriend the father of your son? Even if he is, if he does not have legal custody (joint or otherwise), you should have called the RCMP by now!
It sounds like you are in the Philippines, but as long as CBSA has a record of your son entering Canada, you may be able to do something. Contact CBSA!
Good luck!
He does not have legal custody of our child that is why now he's telling me that he will only fly my son to visit me if i will sign a paper for him to get full custody
Ma'am/Sir can you please explain how i can contact this CBSA. This could be a big help thank you
If you are not married, under Philippines’ family code you have full custody. As such, your son would not have been allowed to leave the Philippines without your consent. Even if you gave your consent, you still retain full custody. Suggest you contact the NBI to seek help in filing for a kidnapping case. They will then coordinate with their Canadian counterpart.
You mentioned that Canadian immigration is not allowing your son to live in the Philippines for more than 30 days. AFAIK, this is a condition by the PH BID for foreign passport holders. Canada does not restrict anybody from living outside Canada. Anybody can leave Canada anytime (except probably if the person has a hold departure order). Is your son born in Canada?
This is really a parental abduction case. Agree that you need to report to Pilipino authorities and local Canadian authorities. You will need proof that you have full custody. You may also want to reach out to the Philippines embassy in Canada who may be able to provide you some support. The good news is that both Canada and the Philippines are part of The Hague convention.
https://sc.judiciary.gov.ph/supreme-court-promulgates-the-rule-on-international-child-abduction-cases/#:~:text=In its En Banc Session,been a party since 2016.
https://sc.judiciary.gov.ph/supreme-court-promulgates-the-rule-on-international-child-abduction-cases/#:~:text=In its En Banc Session,been a party since 2016.
We haven't really process on custody of our son, i gave birth to him here in Philippines and he's father was just coming to visit him every few months. This was my son first international flight. But i know i should have the custody of my son as he was only 3 year old and i and his father are not married.
All you likely have to do is show proof that unmarried mothers have automatic full custody by law. You may also want to contact the Canadian embassy in Manila to make them aware of the parental abduction case since your son is Canadian.
You have automatic custody under the Philippine Family Code:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/277
https://ndvlaw.com/who-has-parental-authority-over-an-illegitimate-child/?amp=1
Remember, the Philippines practice jus sanguinis. Your son was born in the Philippines, and I presume you have Philippine citizenship when you gave birth.
Here’s another explanation by Filipino lawyers which cited several Supreme Court General Register:
https://lawyerphilippines.org/child-custody-and-child-travel-to-and-from-the-philippines/
https://lawyerphilippines.org/child-custody-and-child-travel-to-and-from-the-philippines/
My small points to add to this are:
-your ex-boyfriend is LYING. Do not believe a word he says. This stuff about signing away custody so Canada will let him leave the country is bullshit. You probably need a lawyer, but you MUST get in touch with the authorities. (PH to start, notifying the embassy cannot hurt).
-I do not know your situation, but if you know where the ex-boyfriend is and your friends and relatives know too, you should consider having them warn him - NOW- that he MUST give up the child IMMEDIATELY or things will go very bad for him.
-Why? This is kidnapping, pure and simple. Once you notify the authorities in Canada (through the PH authorities), it will get increasingly hard to stop the process. He could lose any ability to see the child, his freedom, etc. This is VERY serious. The official channels are slow (unfortunately) but merciless.
-My primary caveat is if that if you think he's smart, resourceful and stubborn, he might disappear with the kid, and warning him in advance might be a bad idea.
-If the authorities in PH don't actu quickly on this, get a lawyer and go straight to the RCMP, the embassy, global affairs Canada, etc.
If your ex-boyfirend is not a complete idiot, he'll get the message and return the kid quickly. Don't accept long timelines like the kid will come in a month or two. He has to get on a flight in the next week - OR the authorities will be notified of kidnapping. Better if he has relatives in Canada that can monitor and to whom he can surrender the kid (that you trust) TOMORROW.
Good luck.
Sir/Ma'am may i also ask if is there any things that my ex might do for my son in canada that he needs to show proof that he has the full custody of a child? Like maybe for traveling in the future, sending him to school etc.