Kapag tinatago na ng iyong ex-partner ang mga anak mo, you can also file a petition for writ of habeas corpus under Section 20 on the Rules on Custody of Children so you can gain access to your children.
A writ of habeas corpus is a remedy available in our Rules of Court to relieve a person from unlawful restraint. Essentially, it is a writ of inquiry to test the right under which a person is detained (39 Am Jur 2d, Habeas Corpus, S1, 179 in Herrera, Remedial Law Vol. III-A, 2005). In relation to custody battles for children, a writ of habeas corpus is sought by parents whose custody to their children are being deprived from them by another parent, relative, or stranger having custody of their child.
In cases of violence, then ask for a protection order in favor of the mother and children under RA 9262 or “The Anti-Violence Act against Women and Children,” a law protecting women and their children from violence.
Further, if the children are taken away without your consent, you can file a civil and/or criminal case under Republic Act No. 9262. Or, you can also choose to file kidnapping charges under the Revised Penal Code.
As earlier mentioned, under Article 176 of the Family Code, illegitimate children are under the parental authority of the mother. As a general rule, if the child is illegitimate, the father only has visitorial rights over his child. If he has grounds to insist that the mother is unfit to have custody over their child, he may still file for a petition for custody. Otherwise, he can only seek visitorial rights.
In case the father, who had been given access, takes the child away contrary to the terms under which he was given access, you can sue him under RA No. 9262 or file a petition for contempt against him for violating any court order.
TO REITERATE: Parental authority of an illegitimate child belongs to the mother and this includes her right to have the custody of her illegitimate child. She cannot therefore be deprived of the child's custody unless she is not fit to exercise such authority and care. However, the father has a right of access (known as visitation rights) to the child. This is a constitutionally protected inherent and natural right of a father over his child. But this visitation rights can be denied if it can be proven that the father is a negative influence (like immorality and drunkenness) to his children. The best interest and welfare of the children is the consideration.
Disclaimer: The legal advice provided herein is only the legal opinion of the author and cannot substitute for the advice of a licensed legal practitioner. The author cannot take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented on this website.
Nothing in the author's legal opinion should be construed as an attempt to engage in the practice of law.