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Is it enough evidence ?

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1 Is it enough evidence ? on Sat Sep 19, 2015 8:07 am

Caring Father


Arresto Menor
My legal Filipina wife left me and is currently living in Australia with another man

She took my son with her (apparently she does not need my permission as we have separated)

I am currently waiting on NSO copies of all paperwork (marriage cert and any registration papers for her for new registration of a baby and a re-registration of my son)

I have pictures and posts from her FB showing them clearly with another baby and she has stated in her FB that it is her child (I am assuming he is the father, obviously waiting on Birth Cert)

I am also waiting on Bureau of Immigration to send me flight details to prove they left the country together with my son and the new child and the name in my sons passport as I feel she has re-registered him to get the passport

Is this enough evidence to file a case of adultery and concubinage against them both and will they have to return to Philippines to answer the charges ?

Can she also be charged for falsifying documents in NSO if indeed she has re-registered my son using her surname ? (I have the ORIGINAL Birth Cert in my possession)

any help and advice appreciated

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2 Re: Is it enough evidence ? on Mon Sep 28, 2015 5:14 am

marlo


Reclusion Perpetua

What do you mean by "we have separated"? Is it legal separation thru court? Is it legal marriage annullment? Or you were simply saying both of you are physically separated and without having any communication to each other any more?

If your marriage to her was not annulled, then your marriage is still valid and subsisting. She is still your legal wife.

From my understanding of your statement, I would nominate myself a raise for adultery case against your wife but not concubinage. Adultery case is commited by married wife and her paramour while concubinage is commited by marriage husband and his mistress. That is, if you can prove that they had lived under one roof as husband and wife without the benefit of marriage or they had a child while your marriage to her subsists, they can be both jailed if proven.

However, if your wife re-married on Philippine soil, you can have an option to pray for possible bigamy case against her as long you can prove it in Philippine courts. Evidences such as MC from NSO would be your strong evidence.

If she's now an AU citizen, then bringing her back to Philippines to face the charges would be a difficult thing to do I'm afraid to say as your prayers of cases can only filed on Philippine soil or courts.

Either way, you would need a family attorney for legal advise and raising cases such as bigamy and adultery cases.

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3 Re: Is it enough evidence ? on Mon Sep 28, 2015 6:25 am

Caring Father


Arresto Menor
We are not legally separated, we just do not live together for the past 4 years and no communication (I have tried as she has papers of mine but she refused to reply to all). I even went to the parents home and was threatened with violence if I did not go away

We are not annulled either so yes she is still my legal wife

I have proof they live together as they are both stupid enough to post their address in Australia ( and share 1 land line number) in an online shop they both are running and picture evidence of them stood outside the home (even shows the house number) and the online shop shows the address)

I have evidence they left this country on the same day at the same time and on the same flight (and all seats were together) and that he was her sponsor for all Visas needed

I now have proof they have a child together, she is named as Mother and he has certified on the reverse of the Birth Cert that he is the Father and the baby has his surname on the Birth Cert - I also have print screen pictures of them both together outside their home holding the baby along with family members of her

No idea if she committed bigamy and also no idea if they have "married" in AU - in the process of seeking help with that

She is not an AU citizen, they only went there in February this year

All is documented and I have the written proof

Many thanks for your reply

I will now seek legal help



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4 Re: Is it enough evidence ? on Mon Sep 28, 2015 6:45 pm

Lunkan


Reclusion Perpetua
Well. Adultery ISN'T a crime in many countries. I believe not in Australia.
If you file estafa concerning THAT, I suppouse they will just stay in Australia...

I would concentrate at
has YOUR CHILD left the Philippines lLEGALY ?

If I have understood corect, BOTH parents have to agree to let the child leave the Philippines. There are some exceptions. Check if they have fullfiled THAT or if it's a fraud/kidnapping.
In such cases there can be a CHANCE they can be FORCED to let the child go back to the Philippines. It depend some of the Australian law, but in some cases it can be seen as kidnapping, which is a serious crime, which can give chance to extradiction from Australia.

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5 Re: Is it enough evidence ? on Mon Oct 12, 2015 2:00 pm

I don't think that Philippine courts have jurisdiction over her there.

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6 Re: Is it enough evidence ? on Mon Oct 12, 2015 3:23 pm

Caring Father


Arresto Menor
As she is still the holder of a Filipino passport and has traveled to Australia on a tourist type Visa, and is therefore still a recognized Filipino citizen, I am certain that the Philippine courts do have jurisdiction over her and papers can be served on her at their home address via the Philippine Embassy

"Well. Adultery ISN'T a crime in many countries. I believe not in Australia." - But it is in this country (Philippines) and that is where the adultery started and I have evidence of their adultery within Philippine territory

"If she's now an AU citizen, then bringing her back to Philippines to face the charges would be a difficult thing to do I'm afraid to say as your prayers of cases can only filed on Philippine soil or courts." - She is not an Australian citizen, having traveled there on a tourist visa with her lover as the sponsor

This is the proof I have so far (physical evidence)

1. Re registering of our son in her name only (I still hold the original Birth Certificate)

2. The travel dates/times showing they all left on the same flight/same day/same time in adjoining seats

3.  NSO copy of the new child's Birth Certificate showing her as mother and her lover as  father. Registered in Philippines

4. Documents showing them to be living at the same address both in Philippines and also now in Australia

5. Pictures of them with their new child - Both posted "proudly" on Facebook and within the online shop she is hosting on the internet (Is that not classed as family property under Family Law?)

Is there any point me filing a case, will the Philippine Embassy in Australia help me and will the Public Prosecutor in Philippines allow me to even file the case ?

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7 Re: Is it enough evidence ? on Tue Oct 13, 2015 1:30 am

We can't enforce our laws in another country.

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8 Re: Is it enough evidence ? on Tue Oct 13, 2015 4:49 am

Lunkan


Reclusion Perpetua
""Well. Adultery ISN'T a crime in many countries. I believe not in Australia."
- But it is in this country (Philippines) and that is where the adultery started and I have evidence of their adultery within Philippine territory"
Yes. So they can be found guilty in the Philippines,
but Australia will not send them back to the Philippines for such crime, so IF they stay out of the Philippines they can avoid it.

"She is not an Australian citizen, having traveled there on a tourist visa with her lover as the sponsor"
I don't know if it's possible for her to get that changed to stay in Australia. IF not, there you cab have your chance.
But better you DON'T tell her, when she is in Australia, you think of file estafa. Better she is back in the Philippines first.

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9 Re: Is it enough evidence ? Today at 11:55 am

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