FRAUDULENTLY OBTAINED COURT ORDER

I have a 7 year old son with a Filipino national - a former Congressman and wealthy businessman. We are not married so our son is illegitimate under Filipino law. I am Canadian and have lived in Canada with my son since 2014. My son's father obtained a court order for joint parental authority in 2015 by fraudulent means - having me served with papers at an address he knew I no longer resided at in Boracay. He then proceeded with a custody hearing (denying me my right to respond as I never received the summons) and was granted joint parental authority on false testimony that I was a habitual drunk, mentally unfit, an unfit parent, and racist. (All ridiculous lies). This court order was fraudulently obtained. What can I do?

you can file a counter case to dispute the court order. However, you will have to be present in the Philippines.

xtianjames wrote:you can file a counter case to dispute the court order. However, you will have to be present in the Philippines.

Thank you. His lawyer's have offered a compromise agreement - but that seems unsuitable to me. I want the order vacated. Do you think he could face criminal charges of fraud?

xtianjames wrote:you can file a counter case to dispute the court order. However, you will have to be present in the Philippines.

Thank you. His lawyer's have offered a compromise agreement - but that seems unsuitable to me. I want the order vacated. Do you think he could face criminal charges of fraud?

yes it is possible granted you can provide sufficient proof that he manipulated the court to obtain the favorable judgement. what I would advise is for you to collect all of your evidences against your claim then consult with a lawyer.

Custody decisions are never final. You can either file a petition in the same court and adduce proof of this fraud or that the court never acquired jurisdiction over you through valid summons or a petition in the court of appeals to vacate the decision.

in any case, you seem to be located in canada so is there an imminent threat?