help my nephew and niece

help!!!
last year po sapilitan kunin samin ang pamangkin ko n 6years old n babae ng kanyang ina..ang mga magulang po ng mga bata ay nakatira tlg samin cmula ng ikasal cl ng kuya ko..ngkprob.cl nghiwalay dhil po s attitude ng asawa ng kuya ko...ng mgkhrp po s DSWD ang 7years old n bata ay nakuha nmin ang 6years old po hnd khit po ngmmakaawa po saamin ang batang 6years old n wag cy ibigay s nanay ny..unang declare ng dswd smin n ang bata ay mapupunta smin...ang gnw po ng nanay ng bata umiyak s harap ng dswd hbng kmi ay ns labas kaya po ang gnw ng dswd itinakas s likod ng opisina ng dswd..masakit smin kc my ngsbi smin n ang bata dw ay ngwwla ng itinakas ng ina...umuwi po kinabukasan ang kuya galing ibang bansa nagulat po ang mga tg dswd dhil hnd nila expected n ang kuya ko mkkauwi bstbst kaya po gnw ng nila s kuya ko ginawan nila ng eskandalo s luob mismo ng dswd pr iplbas n ang kuya ko ngwl...hnd po mggw ng kuya ko dhil my pinag aral cy...buti n lng po my pinsan kmi hnd pumasok s luob ng opisina ng dswd dhil nilock po pl ng dswd ang opisina nila at 2mwag ng pulis at papahuli kmi n ngwala..ang gnw po ng pinsan ko sinita un nglock kaya binantayan ny kmi hnggagng mklabas kmi...ang bata po inuwi ng ina s bukirin s probincya at dun pinag aral...kinukuha po ng kuya ko ang bata pag umuuwi cy ng pinas every 4mants po o pg ginusto ng kuya ko umuwi umuuwi cy ng bansa..ngayon po un 7years old n bata ns amin po ngaaral s private skul...un ina po ng bata ngtratrabaho po s rebisco QC po cy dun..ang ngaalaga s batang kinuha ny smin ay un lola ng bata...ngayon po un bata kinuha ny smin 7years old n po s august...nung dec.31 hiniram ng kuya ko ang bata s ina hnd po pinahiram..kaya s galit ng kuya ko ngslita cy my karapatan cy s anak ny at s korte cl mgharap..tanung ko lng po ang DSWD po b pwd b nmin kasuhan at ano po pwd nmin ilaban s ina ng bata?sana po matulungn nyo kmi..salamat po

please do not use text spelling.

so the child is with the lola? does the mother live with them? does the child still go to school?

hi.. i have a similar case.... my brother and his wife are not legally separated. my brother works in manila and the "wife" works abroad. it was the "wife's" decision that they separate since she explicitly told my brother that she did not love him anymore.. their two daughters at first lived with my brother.. then she took them to her hometown where they studied for two school years...after which, the two girls lived with me for 2 school years because my brother was assigned abroad for sometime. late march of 2010, the girls went back to manila to live with my brother. all was well until the mother of the girls filed a petition for temporary protection order using RA 9262 against my brother. she made a lot of false allegations against my brother. she even included her two daughters as petitioners...how could be my nieces be petitioners when they had been living happily with my brother!

on december 22, she got the two girls from my brother scaring my nieces by saying "kung di kayo sasama sa akin, makukulong ang daddy nyo." since her vacation leave was too short, she had to leave for abroad again on january 2. now the girls (14 and 10) are in her condominium unit with their aunt (mother's sister).

can my brother get the girls back? he has parental authority over his daughters rather than his wife's sister.

opo ang bata po na kinuha samin ay nasa magulang din po ng ina nasa lola po at pinag aaral po ngayon sa public school...ang ina po ng bata na asawa ng kuya ko nakatira sa novaliches dhil malapit po ang rebisco duon....nakakasama nya lng po ang anak ny babae pag friday ng gabi dahil inuuwi po ng lola sa ina at ibabalik po ulit ang bata sa probincya na halos 3hrs po ang biyahe pag linggo ng hapon...dahil umaga hnggang hapon po ang pasok ng bata dhil po public school po...everytime po na dumarating po ang kuya po galing ibang bansa kinukuha nya po ang bata..ngayon lang po hindi nakuha dahil po naghamon na ang babae sa kuya ko na pati po 7years na nasa poder ng kuya ko kukunin din daw po niya...may laban po ba ang kuya please po sana matulungan nyo kami dahil ang pamangkin ko n nakatira samin may takot na po...ano po ba dapat namin gawin..salamat po

please po sana matulungan nyo kami at ano po ba dapat na gawin namin proteksyon sa pamanhkin ko na nakatira po samin...

concern, the problem here is that only the parents have the right to custody, not you or the lola. but temporary care of the children can be asked from other persons.

the problem with your brother is he is mostly outside the country. how can he ask for custody of the children if he is not here to do it. at most he can request for visitation rights every time he is here. that would be more likely granted by the court. unless he is willing to permanently stay here to exercise custody, i doubt if the court will sympathize with him, but the court will probably defend his right to visitation every time he is here.

grace, where was this TPO filed? if in court, then all actions must be coursed through the court. was there an order issued stating that the children be given to the mother?

if none, then he can get the children. if there was, then he has to file an appropriate manifestation that the children are not in the custody of the mother and move that they be given back to him.

thanks for the reply.... the TPO was issued in quezon city... the TPO ordered that my brother not to contact, harass my nieces... to stay away from the wife and children.... actually when that TPO was ordered by the court, my nieces had been with my brother for so long a time...during the preliminary hearing on dec 14, my niece even accompanied my brother and the judge was surprised to see her and noticed that my niece was all right.

i pity my nieces..may i ask this? is it all right that my brother's wife use her married name for convenience? like filing for petition? but for employment, she has her maiden name. even my niece saw in her application for nbi clearance that she did not state she is married and with children. is there legal implication? is it really ok to change from married name to maiden for convenience?

atty.,
kahit po ba ganun ang ginagawa sa bata wala pa din habol ang kuya ko...siya naman po talaga ang mag aasikaso kaya po ako nagtatanung para din po makatulong sa kuya ko..at sa mga pamangkin ko..hindi naman po kami mga tita o lola naghahabol ng custody ng mga bata ...para lang po may maitulong ako sa kuya ko..kahit po every 2-4months lang naman po nawawala kuya ko wala po ba siya rights para magstay sakankya ang mga anak niya...kahit po ba ang panganay may posibilidad din po ba na makuha niya..salamat po

please help atty.,tnx po

grace, your brother has to take actions through the court. he can manifest that his wife has left the country and the children are with someone else. but he has to be here to take care of them.

Is this the court that looks like a children's school inside?

a married woman may use her maiden name. it is not necessarily a crime to not state you are married or have children.

concern, as i said, your brother has to be here. if he can show that he can be with the children more than the mother, then he has a better chance. he can try to file it first at the bgy, or dswd. if that doesn't work, then he can file for custody at the court

but NOTE: a ruling on custody is NEVER PERMANENT. if the situation changes, such as the mother permanently coming back here, then she might file her own petition to get the children back. good luck.

thanks..