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WHAT IS A SUMMARY HEARING AND HOW IS IT DONE?

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1 WHAT IS A SUMMARY HEARING AND HOW IS IT DONE? on Mon Feb 13, 2012 10:19 pm

mimiehen


Arresto Menor
HI.MY PREVIOUS MARRIAGE WAS ANNULLED YEARS AGO.THE GENERAL CUSTODYOF THE CHILDREN WAS GIVEN TO ME AND MY EX HUSBAND,VISITATION RIGHTS.WE BOTH SHOULD GIVE FINANCIAL SUPPORT TO THEM.UNFORTUNATELY,HE DIDNT DO HIS "ASSIGNMENT".I LEARNED HE HAS NO HOME(ONLY STAYING AT SOME FRIENDS HOUSE) AND NO STABLE JOB..
THEN I GOT MARRIED AGAIN BUT TO A FOREIGNER.EXPECTEDLY WITH A PLAN TO MIGRATE IN HIS COUNTRY WITH MY CHILDREN WHO ARE MINORS YET AS OF THIS TIME.AND AS A REQUIREMENT OF THEIR COUNTRY, A CONSENT FROM THEIR BIOLOGICAL FATHER IS NEEDED WHICH WE TRIED PURSUING BUT FAILED.MY EX DIDNT APPROVE OUR PLAN.
THEN I HEARD OF A SUMMARY HEARING?WILL THIS HELP IN MY DESIRE TO TAKE AWAY THE RIGHTS GIVEN TO MY EX AND TO GIVE ME FULL CUSTODY OF OUR CHILDREN.HOW LONG IS THE PROCESS AND HOW MANY HEARINGS WOULD I BE EXPECTING TO ATTEND?PLUS, APPROXIMATELY,HOW MUCH WOULD THIS COST?
I DESIRE THIS TO GIVE MY CHILDREN A BETTER OPPORTUNITY AND A BETER FUTURE FOR THEM AND TO EXPERIENCE LOVE, CARE AND SECURITY OF A REAL FAMILY.
IS THERE A CHANCE I COULD WIN IN THIS CASE OR PLAN?THANKS TO EVERYONE WHO WOULD SHARE THEIR ADVISES..SALAMAT PO.

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attyLLL


moderator
what is the basis for annulment? psycho incapacity?

have you tried showing the foreign govt that the court awarded you custody?


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mimiehen


Arresto Menor
yes it is psycho incapacity..and i have submitted my annullment decision to our lawyer representative based in Canada and accordingly he read from the decision that my ex husband was given a visitation rights.so,then, he required me to have a consent form to be signed by my ex... actually i have my SOLO Parend ID from DSWD and they advised me i dont need to get any travel clearance from them following the general policy on kids travelling abroad with either parent..

atty, can i not just file a summary hearing for me to get the sole custody of the children to solve this problem?..or was there even an instance that the court compelled someone to sign a consent thought this kind of hearing?

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attyLLL


moderator
true, you can travel without his consent, but it will be difficult to remove his visitation rights without basis that he is a danger to the child.


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mimiehen


Arresto Menor
WILL THAT BE THE ONLY REASON TO SOLVE THE PROBLEM?TO PROVE THAT HE IS A DANGER TO MY CHILDREN?.I HAVE NOT DEPRIVED HIM OF HIS RIGHT TO VISITATION, IT IS ONLY HIM WHO NEVER WANTED TO COOPERATE WITH ME AS TO THE SCHEDULE SO WHAT IS HAPPENING IS THAT WHEN HE FEELS LIKE GETTING THE KIDS EVEN DURING NIGHT TIME,HE WOULD INSIST TAKING THEM BUT, WE CLASH EVERYTIME CAUSE I WOULDNT ALLOW HIM ESP IF THE FOLLOWING DAY THEY HAVE SCHOOL.AND SOMETIMES, HE WOULD BORROW THEM & IF I ASK WHERE THEY ARE GOING, HE WOULD SIMPLY SAY "BAHALA NA AKO DUN".AND I WOULD MAKE HIM REAL MAD WHEN I DONT ALLOW AND HE WOULD SAY "NANG GUGULANG AKO".I JUST WANT TO MAKE SURE OF MY KIDS SAFETY ALL THE TIME, THAT IS JUST MY REASON.SO "BAHALA NA"IS NOT ACCEPTABLE TO ME...AND I SWEAR, I NEVER TAUGHT THE KIDS TO DISLIKE THEIR FATHER BUT THE WAY THEY SEE THINGS NOW,THEY WILL NEVER ACCEPT THAT THOUGHT OF LIVING WITH HIM EVER.

ANYWAY, COULD THE CHILDREN MAKE A STATEMENT TO AIR THEIR THOUGHTS AND SAY THIS IN A LETTER ADDRESSED TO THE IMMIGRATION IN REPLACEMENT OF THE CONSENT? AND TO STILL MENTION THERE,THAT HE IS ALLOWED TO COMMUNICATE WITH THE KIDS VIA PHONE OR INTERNET AND THE RIGHT TO VISITATION BUT AT HIS OWN EXPENSE?

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attyLLL


moderator
the letter by your children will not be honored by the BI. again, if you cannot get his consent, you have to get court approval. and i hope the use of all caps was inadvertent.


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