Imagine being a parent who works abroad to provide for one’s children but worrying about losing custody of them for seeking greener pasture abroad. The Supreme Court has made a decision that brings relief to many overseas Filipino workers (OFWs), especially mothers.
In a landmark decision, the Supreme Court of the Philippines has ruled that overseas Filipino workers (OFWs) do not lose their right to exercise parental authority and sole custody over their minor children simply because they are working abroad. This decision was laid down in the case of Carnabuci vs. Tagaña-Carnabuci, G.R. No. 266116, July 22, 2024, where the mother, Harryvette, was granted sole custody of her two minor children despite being an OFW in France.
Harryvette and David were married in 2013 and had two children, Rocco and Zahara. However, their marital relations deteriorated, and they eventually separated. Harryvette left for France to work and left her children in the care of her mother, Joselyn. When David planned to leave the children with other people without Harryvette's consent, she executed a notarized deed granting Joselyn guardianship over the children. David filed a petition for habeas corpus seeking custody of the children, claiming that Harryvette was "absent" and unable to fulfill her duties as a parent.
The Supreme Court ruled in favor of Harryvette, the mother, holding that being an OFW does not deprive a parent of their right to exercise parental authority and sole custody over their minor children. The court noted that Harryvette, the mother, was still able to exercise sole custody through the grant of provisional custody to Joselyn, her mother. The court also considered the best interests of the children, finding that Joselyn, the maternal grandmother, was a more suitable caregiver than David, who had a history of violent behavior and was a habitual drinker and smoker.
This decision is significant for OFW parents who may be concerned about losing custody of their children due to their work abroad. The Supreme Court's ruling emphasizes the importance of considering the best interests of the child and recognizes that OFW parents can still exercise parental authority and custody despite physical distance. The decision also highlights the role of grandparents and other family members in providing care and support for children when parents are away working.
If you have questions about custody, our Pampanga, Clark, and Tarlac lawyers from Cunanan Law Office can provide expert advice and representation on parental authority and custody, helping clients navigate complex family law issues and ensuring the best interests of their children are protected.
You can contact the lawyers at Cunanan Law Office through inquiries@mpeclaw.com, or at (+63)976 385-6705.