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DESPERATE DAUGHTER! HELP!!!Abandonment case filed by Philippine Embassy in Qatar against my OFW father?

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WednesdayU


Arresto Menor
Hello, it's my first time here. This might be long so I'd apologize in advance.


I would really appreciate your input Attorney and I definitely want to hear what people here has to say. I need a fast reply regarding this because my father is asking me to talk to him about this tomorrow and I really would love to know what it is he's truly facing. THANK YOU SO MUCH!

My questions are:

THIS ONE I NEED ANSWERED URGENTLY
1.Is it possible for the Philippine Embassy in Qatar to actually file a case of Abandonment against my father who is working there without a formal letter of complaint from me or any party stating our claim and affixing our signature?

2. Are emails considered as a formal complaint?


3.If indeed he received a letter from the Embassy in Qatar, what could it possibly contain? Would it be an actual letter informing him of a lawsuit or one just stating that he needs to pay child support or else he'd be sued for Abandonment?

4. Would he be going to jail for this if ever it was an actual case against him? From what I've read and heard, child support claims are only Civil Crimes which could be settled with an agreement between the parties involved. But by any chance, could the Qatar Embassy skip the part of settlement and treat it as a Criminal case of abandonment considering the 5 year duration without child support?

5. Would he still be allowed to leave the country to go back to Qatar since right now he's here?


The Story:
I am a child of a married couple(married both in church and civil), who had been unofficially separated for the past 6-8 years. I am 20 years old now living with my mom, grandparents and my mom's siblings. My father left to work in Qatar on April 2005, before he left he fixed things with my mom and I, he told us we'd start over again as a family as soon as he gets to save enough. So for the third time, my mom and I welcomed him back into his life. During his stay in Qatar, we've had chances to talk to each other through phone, emails and texts although it was seldom we're still glad he's communicating with us. He also sent money to my mom and I and to his parents at least once every 2 months. He came back to the Philippines for his 1 month vacation in April 2006 and left for Qatar again on May 2006. From then on, the seldom communication from his first year in Doha decreased even more until there wasn't communication with him anymore, we didn't even receive financial support from him as well.

My mother lost interest in trying to contact him after 7 months of not hearing anything from him. But as his daughter, I kept hoping for him to come around; I waited for him to call, text, email, come home and all that for almost 5 years up to present. My mom and I had been going through some financial instability lately so I figured I might as well try and seek for my father's help if i could. On April 9, 2011 however, I saw the email address of the Philippine Embassy in Doha, Qatar and decided to email them to ask about my father. The embassy replied 20 days after (April 29, 2011) confirming that he's still working in Qatar for the same company and gave me his contact info. I made several attempts to call him as soon as I got the email from the embassy; however, he kept ignoring my calls and msgs as always. I replied once more to the embassy asking if there was a way for them to help me contact my father for financial support and told them that I've made so many attempts to get in contact with him for the past 5 years but I received no response from him. At the end of the letter though I wrote that I do not want to file a case against my father, and that I'm just seeking for his help, that's all because I figured they might misinterpret it as me turning against my dad; which I do not intend to do for the very reason that he's still my father and I still care for him.

Yesterday, my grandmother from my father's side called our house and asked to talk to me, then to my surprise it was my father who spoke on the line. He asked me what case I filed against him and I told him I did not file anything which I swore I really did not do. Apparently he's on vacation here in the Philippines when he got an email from his company saying he's got a notice or something (I'm not that sure of the details because I was incapable of talking to him clearly for all I did was cry), but when I checked with my grandmother last night, what she told me was that my father said he's got a notice for abandonment waiting at his office.



THANK YOU!



Last edited by WednesdayU on Tue May 31, 2011 1:06 am; edited 3 times in total (Reason for editing : modified topic title)

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WednesdayU


Arresto Menor
Please respond, any word concerning the matter will be highly appreciated. Thank you...

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redpula


Prision Correccional
i am not a lawyer just an ordinary law student,let me answer in series,

1.Is it possible for the Philippine Embassy in Qatar to actually file a case of Abandonment against my father who is working there without a formal letter of complaint from me or any party stating our claim and affixing our signature?

Based on your narration, the embassy acted on your email soliciting their assistance to locate or give you information of your father's where about in Qatar. since there is no formal complaint or petition for support against your father the embassy on its own cannot nor initiate any complaint or action against your father, it is either you or your mother file a petition for support in court.

2.Are emails considered as a formal complaint?

Usually formal complaint must satisfy procedural requirement. it must be a sworn written statement, you are charging a person with an offense or a crime, it must be subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated. An email is not a formal complaint using the parameters stated.

3.If indeed he received a letter from the Embassy in Qatar, what could it possibly contain? Would it be an actual letter informing him of a lawsuit or one just stating that he needs to pay child support or else he'd be sued for Abandonment?

We can only presume a thousand ideas or imagery with regard to this, you may ask for the actual letter they've sent to your father so that you may have further information and knowledge on what is the purpose of their letter to your father.

4.Would he be going to jail for this if ever it was an actual case against him? From what I've read and heard, child support claims are only Civil Crimes which could be settled with an agreement between the parties involved. But by any chance, could the Qatar Embassy skip the part of settlement and treat it as a Criminal case of abandonment considering the 5 year duration without child support?

If you or your mother did not file a petition for support in court then there is no reason for him to be place into custody nor be arrested and even there is a petition he cannot be arrested or place into custody since it is a civil action and not a criminal proceeding. I personally have no knowledge with the legal framework of Qatar so i am in no position to tell what action/s they may take against your father if any. Unless you file a petition for support against your father the court can not take any action.

5. Would he still be allowed to leave the country to go back to Qatar since right now he's here?

Unless there is a court order he cannot leave, since you or your mother did not petition the court for a hold departure order your father can leave the country.

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WednesdayU


Arresto Menor
redpula,

Thank you so much for your reply, I really appreciate the effort and time you've given just to read and give your advice. I am scheduled to meet my father in an hour's time for he asked me to talk to him. I'm not sure yet though what we'd be discussing; whether it's just about the mess he's in now or the mess he he'd made way back. Surely, I'd keep you posted on what happens.

Tell you what,even as a law student you talk already like a real lawyer.

Thanks again... Smile

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attyLLL


moderator
looks like our embassies are more proactive now against deadbeat dads, and i find this to be a welcome development. there is no formal complaint against your father; what has happened is the embassy wrote to him or his employer.

he's here. if you have the fortitude to see this through, demand that he send regular support.


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WednesdayU


Arresto Menor
hello attyLLL,

yes I thought it was a great progress for our embassy as well. I never thought they'd give in much thought or regard to my email but gratefully they did. Anyway, I've had the chance to sit down and talk with my father last May 31,2011 and I told him that I'm just demanding for regular support from him for my half sister and I. He said, he'd work it out although his answer seems to be undefined at the moment. He asked me to clear things up with the embassy and email them of what progress we have already made which was discussing it... There are no definite as of the moment aside from him saying that he'd work out sending financial support. I guess he's afraid to be ruined by the complaint or something; which I find selfish yet again. Anyway, I need to know if I really should send an email to the Philippine Embassy in Qatar to inform them that I was able to talk to my father already, although it was not discussed if he's truly committed to providing financial support and patching things up. Or would it even be a good idea to tell the embassy this early on just to get my father off the hook as he seems to want to be.

thank you so much for walking through with me on this. I really appreciate the help...

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attyLLL


moderator
ask him to give an amount and a written affidavit of the amount he is committing to send to you and your mother and how often.

if he insists that you send an email first, you can send something like

thank you for the help you have extended to us thus far. he is now in the philippines and is negotiating with us how to settle this matter. we will update you accordingly.

it's true but doesn't let him off the hook


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WednesdayU


Arresto Menor
hi again attorney,

I was actually composing a message with the same context. An email that's just extending my appreciation for the course of action they have taken to make the talking happen. But yes, you are right; as an assurance, I would have to specify there that as of the moment no final compromise or settlement has been made. I'm actually scared that he might just want me to let him off the hook, because we were actually scheduled to meet on Saturday but he said some words after agreeing and confirming the meet up that goes in verbatim like this " ...but could you email the phil. embassy today and undo what you have done...". I take it that he'd only want to meet me only if I have already settled things for him. There is also a possibility that he doesn't actually want to meet at all anymore after being sure that I have emailed the embassy already.

Sorry for the negativity, or doubt that I am showing. But, it's been years since I last made contact with him and it is hard to be sure if he had already changed or if after this anything would even change. I just sent him a message a couple of minutes ago asking if he'd be willing to sign a letter of agreement with me, to prove that there was actually a formal settlement made between the two of us; which serves as a binding agreement between us as well. He said he would, and that I have his word that he'd try his best although he has a small salary (which I also doubt).

Attorney, if a written contract or agreement had been signed by both of us; should I send a copy to the embassy as well? Also, should I have it notarized or is that part just optional? I'm planning to write my own letter of agreement, which would specify the terms and conditions, which would be signed and thumb marked by both of us; would that be okay? Pls reply. Thank you so much!

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WednesdayU


Arresto Menor
Follow up question, if in the event that my dad and I comes to a resolution and finalizes things about this; is there a chance for him to lose his job. Or with the current scenario, which is him having a complaint for child abandonment; could it be grounds for deportation or termination from his company?

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attyLLL


moderator
better if it is notarized but not essential. send the email only when you have the written agreement or letter.

i doubt he will lose his job or be deported.


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WednesdayU


Arresto Menor
Thank you attorney, could I send the draft to your posted email which is attyllla@gmail.com for review? I'll be working on it now, so that hopefully by tomorrow I could have the papers prepared. Thanks once more. I really appreciate all the assistance you're extending.

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WednesdayU


Arresto Menor
Attorney, I sent you an email. Please Check it. Thank you so much in advance for your help and I apologize for all the trouble I'm causing you.


By the way, I already sent the Philippine Embassy in Qatar an email with a context same as what we have discussed. I also informed them that I'm coming up with papers to be signed by my father and I as Child Support Agreement. I hope they respond soon, when they do I'll inform you.

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