Can I file a case to my husband and his mistress who is now in hongkong?

My husband and I got married in 2003 here in Philippines we have 4 kids now. He currently working in hongkong as an entertainer but i found out that he is having an affair with a chinese girl who is citizen in hongkong.last 2007 he called me and told me that he want out in our relationship, I was pregnant in our 3rd child then. I was so devastated really depressed and born our baby prematurely only 8mons. i found out in my bogus fb account that they started their relationship last sept 8 2007.they have many photo and video their.i already talked to that girl and she told me she will end their relationship. but just for awhile. after i gave birth to our fourth child still they were together. Can i file a case with him and his mistress even when they are in hongkong? how can i file for financial support? im just a plain housewife and just taking care of our kids. hope anyone who will read this will help to enlighten me with my rights. thank you.

Your situation is very difficult. Although he clearly violated RA 9262 and could be prosecuted for it, even if you will file a case against him, it will be very difficult to acquire jurisdiction over him because he is in a foreign territory.

My advise, wait for him to return to the country, then file a case for violation of RA 9262, and ask the court for HDO so he will be prevented to leave the country.

Thank you sir. That was my biggest problem. if i will file a case against him when he comes back he cant work. no one will provide for our 4 kids. Were just a highschool graduate. being and entertainer and working abroad earn him alots of money giving us 20k monthly. Im just a plain housewife and just taking care of my kids. Whats happening now in mylife is really physically and emotionally draining having a 11years old boy in grade6,8 years old girl in grade3,4years old boy in kinder and 1 year old boy baby.I just dont know where will I stand. My inlaws knows he is having an affair and didn't even take an action because they also benefited for my husband salary and with my husband mistress giving them laptop cellphone ect... and also my husband gave them recently a house and lot while me and my kids are just renting. Im so confused i dont know what will be my next step, to just be numb of everything and let them abused me for the sake of my kids, or to fight for my rights. Thank you for giving me your time. Its really appreciated.

As the Attorney already mentioned your case is not just difficult but also very complicated.

But you can still do something to demand child support. contact the Philippine Embassy in China whichever part of China he is, the link is below.
You have to supply them where is your husband's exact address and all his contact numbers and emails etc. So they can get in touch with him.

As you said if you stop him working abroad it may affect both of you! him losing the chance to earn good wages and give support to your children and you losing the opportunity to have source of income to support your children. So you better think carefully what would be the outcome.
You are better off to demand child support as having 4 children you may get 50% if not more of his wages and it is your right! And the house he bought for his parents you can also claims of conjugal. Be smart if he think as a woman you are weak and can just be pushed around with what he plans for you! make him realised he is wrong! fight for yours and your children's right and be strong! Go for it! God will guide you through the rest! Good luck!

http://www.travelchinaguide.com/embassy/foreign/beijing/philippines.htm

Embassy of the Republic of Philippines in Beijing

Ambassador: H.E. Ms. Sonia Cataumber Brady
Address: No. 23 Xiu Shui Bei Street , Jian Guo Men Wai
Postal Code: 100600
Tel: (+86)10 6532 1872, 6532 2451, 6532 2518
Fax: (+86)10 6532 3761
E-mail: main@philembassy-china.org

Consular Section
Tel: (+86)10 6532 5175
Fax: (+86)10 6532 1921
24-hour Tel: (+86) 13911180495, 13701208473 (for Filipinos in emergencies)
Office Hours: 8:30 a.m. -5:30 p.m., Mon.-Fri. (except public holidays)
E-mail: consular@philembassy-china.org

solitude11 wrote:Thank you sir. That was my biggest problem. if i will file a case against him when he comes back he cant work. no one will provide for our 4 kids. Were just a highschool graduate. being and entertainer and working abroad earn him alots of money giving us 20k monthly. Im just a plain housewife and just taking care of my kids. Whats happening now in mylife is really physically and emotionally draining having a 11years old boy in grade6,8 years old girl in grade3,4years old boy in kinder and 1 year old boy baby.I just dont know where will I stand. My inlaws knows he is having an affair and didn't even take an action because they also benefited for my husband salary and with my husband mistress giving them laptop cellphone ect... and also my husband gave them recently a house and lot while me and my kids are just renting. Im so confused i dont know what will be my next step, to just be numb of everything and let them abused me for the sake of my kids, or to fight for my rights. Thank you for giving me your time. Its really appreciated.

MDVENTURA thank you very much. If possible i want also file a case to the woman who destroyed our family but sadly she is not here in the philippines and a chinese girl. My husband is already 7 years working in Hongkong. Now i heard he is now a have a dual citizenship. if he marry that girl in hongkong is that legal eventhough were still legally married?. My kids also hurting because the girl always posting a pic and video of them in fb and kids saw them asking why his daddy with another girl. can i file also child abuse because they hurting my kids feelings? Thank you so much for the reply its really a big help and ease my burden. Really God is really GOOD giving me alot of people/angel that willing to help and give advise.

Since he has dual Citizenship and still holding a Philippine passport this means only the Philippine law can still intervene as you are married to him and he has children with you and that is their main concern.
May I asked how long he had left you?
If not within the period of 7 years you can still chase after him while there is still time you should do it.
I doubt you can file a case against the Chinese woman but you can still try to get the attention of China immigration and I hope you know her real name.

This site will help you get a free legal help.

http://famli.blogspot.co.uk/2006/10/support-for-abandoned-woman-and-family.html

http://www.smartparenting.com.ph/mom-dad/taking-care-of-mom/womens-rights-in-the-philippines-a-list-of-laws-protecting-women-and-mothers.

Good luck on this and God Bless you and your children!
Meanwhile let me do more research for you on how many years other nationality can migrate in China. Okay? They may be bluffing he has dual Citizenship. If not then you will have to give me more details so I can get in touch with the Chinese immigration to seek for an advice and see what I can do to help you and your children.

solitude11 wrote: MDVENTURA thank you very much. If possible i want also file a case to the woman who destroyed our family but sadly she is not here in the philippines and a Chinese girl. My husband is already 7 years working in Hongkong. Now i heard he is now a have a dual citizenship. if he marry that girl in hongkong is that legal eventhough were still legally married?. My kids also hurting because the girl always posting a pic and video of them in fb and kids saw them asking why his daddy with another girl. can i file also child abuse because they hurting my kids feelings? Thank you so much for the reply its really a big help and ease my burden. Really God is really GOOD giving me alot of people/angel that willing to help and give advise.

Solitude11

try to register in this blog site you may find it useful.

http://www.expat-blog.com/forum/viewforum.php?id=144

Solitude11

http://chineseculture.about.com/od/lawinchina/a/Citizenship.htm

Chinese Citizenship Explained:

The ins and outs of Chinese citizenship is outlined in China’s Nationality Law, adopted by the National People’s Congress on September 10, 1980. The Law includes 18 Articles that broadly explain China’s citizenship policies including:

* China is a unitary multinational state: All nationalities (ethnic minorities) that exist within China have Chinese citizenship. (Article 2)

* China does not allow dual citizenship (Article 3)

* A person born in China to at least one parent who is a Chinese national is a Chinese citizen. (Article 4)

* A person born outside of China to at least one parent who is a Chinese national is a Chinese citizen -- unless one parent has settled outside of China and has acquired foreign nationality status. (Article 5)

* A person born in China to stateless parents or parents of uncertain nationality who have settled in China will have Chinese citizenship. (Article 6)

* A Chinese national who voluntarily becomes a foreign national in another country will lose Chinese citizenship. (Article 9)

* Chinese nationals can renounce their Chinese citizenship through an application process provided have settled abroad, have close relatives that are foreign nationals, or have other legitimate reasons. (Article 10)

* State officials and active military personnel cannot renounce their Chinese nationality. (Article 12)

* Those who once held Chinese nationality but are currently foreign nationals can apply to restore Chinese citizenship and renounce their foreign citizenship if there are legitimate reasons. (Article 13)

How Foreigners can Become Chinese Citizens:

Article 7 of the Nationality Law states that foreigners who will abide by the Chinese Constitution and laws can apply to be naturalized as Chinese citizens if they meet one of the following conditions:

1. They have close relatives who are Chinese nationals.

2. They have settled in China

3. They have other legitimate reasons.

In China, local Public Security Bureaus will accept applications for citizenship. If applicants are abroad, citizenship applications are handled at Chinese embassies and consular offices. After they are submitted, the Ministry of Public Security will examine and approve or dismiss applications. If approved, it will issue a certificate of citizenship.

There are other more specific rules for the Hong Kong and Macao Special Administrative Regions.

If he is claiming he has dual Citizenship this is bullshit! China is not allowing dual Citizenship. If he marries that Chinese woman he just committed bigamy and you have a way to have him deported if you get the attention of the Chinese immigration.

Solitude11

This is useful for you!

http://www.immd.gov.hk/ehtml/contactus.htm

MDVENTURA thank you again for the big help. for the past 7 years he always visit us here in philippines even for only 15days vacation twice a year. 2007 when he told me on phone that he wants out. because im pregnant again with our 3rd child he wants me to abort the baby which i refused to do because i know its a mortal sin. thats why he got mad at me. then i found out the truth that he is having an affair. when he came back again last may 2009 still he wants us to stay with him with my inlaws house for 15 days with my kids and me. we acted again as a normal couple and we do the usual married do but with no string attached he said i allowed him because i really love him. then again i got pregnant and gave birth last dec 20 2009. then last year dec 26 2011 till january 15 2012 again were also together with our kids also we do the married couple do. i cant say no to him because in my heart and mine he is just the one. he is my first love and everything thats why i acted like this i met him when i was 15 he was also 15 2 years relationship being bf/gf and got pregnant when i was 17 at 18 i had a baby after 3 years of living together we decided to get married 2003 almost 14 years or rather say half of my life is im with him, im 29 now. just dont get it what he wants from me for always making me fool out of myself. before he cheated on me the girl was his friend but then i found out they having an affair that was last 2000, then again with his co dancer in enchanted kingdom last 2003 now with this chinese girl.... im just so pathetic and stupid letting him doing this to me.

Oh! Well don't blame yourself! We're just human and we do make mistakes and to fall in love to the wrong person is unavoidable we can never tell or stop our heart who to fall in love with.

Just do your best to get something out of him for the sake of your children. Be diligent and fight for yours and your children's right! Don't give up! I gave you all the source and since your relationship is continues with him he can't deny his obligations to you and most of all to his children. Be strong you can do it! Okay?
Wish you luck!

solitude11 wrote:MDVENTURA thank you again for the big help. for the past 7 years he always visit us here in philippines even for only 15days vacation twice a year. 2007 when he told me on phone that he wants out. because im pregnant again with our 3rd child he wants me to abort the baby which i refused to do because i know its a mortal sin. thats why he got mad at me. then i found out the truth that he is having an affair. when he came back again last may 2009 still he wants us to stay with him with my inlaws house for 15 days with my kids and me. we acted again as a normal couple and we do the usual married do but with no string attached he said i allowed him because i really love him. then again i got pregnant and gave birth last dec 20 2009. then last year dec 26 2011 till january 15 2012 again were also together with our kids also we do the married couple do. i cant say no to him because in my heart and mine he is just the one. he is my first love and everything thats why i acted like this i met him when i was 15 he was also 15 2 years relationship being bf/gf and got pregnant when i was 17 at 18 i had a baby after 3 years of living together we decided to get married 2003 almost 14 years or rather say half of my life is im with him, im 29 now. just dont get it what he wants from me for always making me fool out of myself. before he cheated on me the girl was his friend but then
i found out they having an affair that was last 2000, then again with his co dancer in enchanted kingdom last 2003 now with this chinese girl.... im just so pathetic and stupid letting him doing this to me.

I will just wait for him to come here in philippines then i will take some actions. its really stressful relationship. better to end it coz its getting no where. maybe i will also file for alimony. thanks again and may OUR CREATOR BLESS U ALWAYS AND YOUR FAMILY>

You're welcome! Wish you luck getting your alimony!

solitude11 wrote: I will just wait for him to come here in philippines then i will take some actions. its really stressful relationship. better to end it coz its getting no where. maybe i will also file for alimony. thanks again and may OUR CREATOR BLESS U ALWAYS AND YOUR FAMILY>

why? its really hard getting alimony?

Not really! I'm sure you can get it!

solitude11 wrote:why? its really hard getting alimony?

hope so, to start new life and new business omg! now im talking! great improvement to me..

if they are beyond the Philippine jurisdiction, your case would be archived or better yet dismissed for the reason that the Court does not have jurisdiction over their persons... wait till they would return to the Philippines

Just confused, Correct me if I am wrong under Philippines law if the adultery happens abroad and they had children and the husband went back to Philippines, would he be charged of adultery as he comes back with his children to another woman? Would that be used enough as an evidence? Or it would be better for them to stay abroad?

lawyeranger wrote:if they are beyond the Philippine jurisdiction, your case would be archived or better yet dismissed for the reason that the Court does not have jurisdiction over their persons... wait till they would return to the Philippines