Refused to see children

Hi
I need some help regarding what to do about the custody of my children (3y.o & 2 y.o). The father and I were never married, and we are no longer together. Before we broke up we had agreed to send our children to my parents until we can get a yaya back in febuary. To cut the story short, our relationship was already on the brink and the separation to our kids made it more sour. I talked to him to end our relationship and after a few fights, i got fed up and left. Now i have a new relationship and are soon to be married. I am also pregnant with my fiance child. I tried to contact my ex about the custody of the children. I wanted to have fair rights and i proposed to split the days of the week so that we can both have equal time with the kids. He refused and said that he doesnt want the children to live with me since he doesnt know my fiance and he doesnt trust him. I tried to reason out with him and the talk ended with both of us upset. He said i could never raise the kids since i am already pregnant and that he will be raising the kids in the province while i am still in manila due to work. Now he refuses to answer my calls amd messages to talk about the custody and his relatives are harrasing me and my fiance on social media. There was a time that i was not able to provide financial assistance to my children, and his parents took the kids from my mother and never returned them since. His grounds for not giving me the children is that i am not fit to be a mother and that i am morally and financially incapable, which is untrue since i do have a steady job as well as my fiance. I tried to ask my relatives to atleast borrow the kids for me to see but he refused to let me see them. What can i do about this? Should i take this to court already? I dont want to put my children through trauma by seeing their parents fight in court as i know it could turn ugly. I appreciate any advise.

saphira_blu07 wrote:
Now he refuses to answer my calls amd messages to talk about the custody and his relatives are harrasing me and my fiance on social media. There was a time that i was not able to provide financial assistance to my children, and his parents took the kids from my mother and never returned them since.

That's not following the law by them...

saphira_blu07 wrote:
His grounds for not giving me the children is that i am not fit to be a mother and that i am morally and financially incapable, which is untrue since i do have a steady job as well as my fiance. I tried to ask my relatives to atleast borrow the kids for me to see but he refused to let me see them.

Financial is NOT a reason as long as you do your best.
I don't know how Philippine court see at the morality, but by you weren't married I suppouse that's NOT enough to find you being a to bad mother to get custody ALONE by the court, because the mother need to be proven to bad to be parent to give alone custody to the father when the children are that young.

saphira_blu07 wrote:
I wanted to have fair rights and i proposed to split the days of the week so that we can both have equal time with the kids.
...
What can i do about this? Should i take this to court already? I dont want to put my children through trauma by seeing their parents fight in court as i know it could turn ugly.

Good thinking. Better if you can solve this WITHOUT court, fighting as litle as possible.

If the father go on refusing you to get half after being told he will LOSE if he force you to go to court,
then go to the Barangay Captain in the barangay where the kids live now. If the Barangay Captain is fair and gollow the law, then he will give you right to at least half...

I believe it's best to keep your fiance OUT of these meetings as much as possible, because I guess the father is angry at you have separated from him.

Thank you for your advice. I'll do that for the meantime. Will it be a problem if i decided to bring the children to where i live? The father is living far away and doesnt want to be anywhere near me.

saphira_blu07 wrote:Thank you for your advice. I'll do that for the meantime. Will it be a problem if i decided to bring the children to where i live? The father is living far away and doesnt want to be anywhere near me.

You can go where you want inside the Philippines with your children
as long as you have at least some of the custody* and no justice system decision tell restriction not allowing you that.

*You have part of the custody automaticly by being parent. To lose it, a court decision has to take it away from you (or perhaps Barangay Captains have right to do it too, I don't know) .