Good Day Attorney, here I am again. I have this question in mind for the story of our relationship with my estranged wife. Me and my wife already separated for about 10months. We have barangay agreement with my wife that states that I have visiting rights for my children from Friday to Sunday where I will bring them to my parents house to sleep. But I was not able to keep it weekly due to the following reasons: A. I need to travel 30 kilometers to get my children. B. At times I work night shifts wherein I cannot solely give them full attention during the day coz I sleep at daytime. C. My parents house is too cramped to accomodate my children coz of the presence of the other 2 children of my brother who were abandoned by their own mother (Mom and Pa,takes care of them). I was able to convince her and my children verbally before that I would only get my 2kids whenever theres a need for me to get them coz of the reasons I have stated. Lately, she is forcing my children to be with me weekly because of the rumors she heard that I had another woman. She is forcibly bringing with her my 2kids to be with me either Friday and Saturday with a specific instruction to check on my things specifically on my cellphone, PC and my personal stuffs for possible proof of the woman I am suspectedly having an affair. Currently, I have 2 VAWC cases still clinging on the prosecutors office and an annulment case in Cebu already filed in court waiting for her counter affidavit.
My question is this, can I sue her with RA7610 for forcing my children against their will to be with me weekly and forcing them to spy with me?
I have my childrens understanding on our strained relationship with their mom. Her mom is still out there wishing me to go back with her which I repeatedly denied her forcible requests.
Please give me your opinion with this before I file a complaint in our barangay for possible child abuse.