Abandonment and HOD for Foreigner

Hi,

I am a British citizen and currently residing here in the Philippines with a 13C (spouse) visa that will expire next month. Six months ago, my Filipina wife and I separated and I left our house with her concern. Few weeks after I left the house, she filed a case of abandonment against me and threatening me that she will get me deported. Then after two months, we decided to have an agreement. I agreed to give 50% of my salary as support to my two kids (which I think is too much but then I agreed because I don't want more issues). She then filed the affidavit of desistance for the case but later I found out that the case had been dismissed by the prosecutor's office because of her lack of evidence. Recently, things went wrong when I received a bonus from work. She wanted to get the 50% of that bonus which she is not entitled because it is not part of my salary. Now, it looks like she is planning to open the case again of abandonment. I never miss to give 50% of my salary every cut off. Will the case prosper and will I be included on the hold departure list? I am planning to go back to UK next month since my visa is due to be expired so I want to make sure.

I am also going to file a divorce in UK and my lawyer said I need to file something here in the Philippines for the divorce to be recognized. I just forgot the name that she told me.

Can you also be my lawyer while I'm in UK? I'm sorry to say this but my lawyer before did not communicate well with me and I did not like it.

You should look for a good lawyer and I hope that the lawyers here will hear your concern. Apparently, they are all asleep. Anyways, I am so surprised with your wife's treatment towards you. I know this is out of the topic but she should be thankful that you were supporting the kids unlike other irresponsible men.

I wish you all the best Sir. I hope you can divorce her. She doesn't deserve you at all.

Thank you.

You have no idea how much stress she is giving me. She keeps on sending threatening text and emails just to get the money she wants. When I want to see my kids, she will agree but will cancel the meeting a day before.

Divorce is no problem once I'm back in UK. I am very sure it will be granted. Too bad divorce is not recognized here in the Philippines but hopefully, the lawyers here can advise me what's best to do.

I believe you have a lawyer but it seems he doesn't do his job efficiently.... I really wish that one of the lawyers will represent you....

I don't know what happened between the two of you but in every problem, there is always solution, we just have to look for it, real hard.

i hope the kids are not affected about this situation.

I'm the one who left her because I cannot stand her attitude anymore. I came here in the Philippines last June 2009 and since then, she doesn't want me to be friends with anyone. She and her Mom even told me that if I will not go home straight from work, they are going to send Barangay officials to office. I really had enough and decided to leave the house with her permission.

Then I found that that she filed the abandonment case against me. I submitted my counter affidavit with evidences that I did not abandon them and I am still giving support to my two kids. Before we had the agreement, I received a resolution letter from the prosecutor's office stating that the case had been dismissed and that they think the main reason of my ex wife to file the case is for me to go back to her.

Now, she's telling me that she is going to re-open the case just because I did not give her the 50% of my recent bonus. Just yesterday, she texted me that I am going to receive a letter this week from city hall. Until now, I don't know what that letter contains and why from city hall.

I'm actually looking for a new attorney. I'm willing to set up a meeting to discuss everything before I leave for UK next month.

i answered your other question without knowledge that you are a british citizen who may not be familiar with our local barangay laws.

it sounds like your wife is filing a case of economic violence. as long as you are providing support and you have the evidence to show then any complaint she files will not prosper.

your other concern is whether this revived case will affect your leaving next month. to mitigate risk, you can verify with the Bureau of Immigration whether there is any watchlist order issued against you. there are remedies if there are.

support is based on the needs of the supported persons and the capability of the person providing support. you ought to explore ways to make your wife account for how she is spending the money to make sure your children are provided for.

if you are filing a divorce in the UK then it will have legal effect as to you there in UK. For it to have effect in the Philippines, a petition for recognition of foreign judgment has to be filed.

Appreciate your reply.

Yes, I have all the evidences like bank transfer transactions from my account to her account. I am already giving her 50% and she said it is still not enough and wants to demand more. I will use her choice of words, she said the kids are "high maintenance". I told her that the kids should also adjust because it's not the same as before anymore but she is not willing to adjust. I recently found out that she enrolled my 3 year old daughter to a preschool with 20thousand pesos tuition fee. I personally don't think it is necessary especially she cannot afford it anymore and she is not even working. She also told me she recently open a business but she said the money is still not enough and really wants to demand more. I also have to live and honestly, I am having a very hard time with my 50% since I don't have a high salary.

Now about my kids, their visa already expired last June and their mom has not renewed it yet. My daughter was born here in the Philippines and my son was born in UK but they both have British passports. Can I take them to UK with me next month? If yes, what should I need to do?

as their legitimate father you certainly can bring them with you. the question is how to get the mother to agree.