# ECC for Children



## Jaijav15 (Jul 20, 2021)

Hello, 
I am in a bit of a difficult situation.

I have been in the Philippines for about 6 years now, with my partner, with whom I have two children.

My partner and myself are not married, and she is married to someone else.

We wish for my children to travel with me to the UK.

Both my children have British Citizenship, and British passports.

Would the kids need an ECC of any sort, and what would the procedure involve?

Some people I have spoken to seem to think I would need to get something from the DSWD, claiming the kids to be illegitimate, however it seems that a my partner would need to produce a CENOMAR, which she cannot, as she is in fact married, just not to me.

I know under Philippines law, the husband of a woman is defined as the father of her children, even if he is not biologically the father. I was hoping that the fact that they have British Citizenship and Passports might help with this problem. 

Any advice will be gratefully received.

Yours 

James


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## M.C.A. (Feb 24, 2013)

What a difficult situation and so if no comments then it's best you talk with Immigration face to face. Trouble is that she's married to someone else like you mentioned.


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## Gary D (Oct 28, 2013)

If the children are travelling without their mother I suspected they will as a minimum need some documentation from the mother.


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## Jaijav15 (Jul 20, 2021)

I guess I am really asking whether having the British passports would release them from the crazy Filipino law of naming the father as the person who is married to the mother, not the actual biological father. I was hoping there may be someone here with a little insight into the technicalities of the law.

I am trying to get hold of someone from the DSWD for official word, but they are seemingly impossible to get hold of, no phone numbers listed online actually work, neither does the email address...

I applied online for an appointment two weeks ago using the e-service they offer but have heard not a single thing back.


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## Gary D (Oct 28, 2013)

All business, even government, seems to be done on Facebook. Look for them there.


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## Jaijav15 (Jul 20, 2021)

Gary D said:


> All business, even government, seems to be done on Facebook. Look for them there.


Yes, I messaged more than once on their facebook page and direct message... Not a word back


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## Lunkan (Aug 28, 2020)

Its a risk the MOTHER can get in trouble by geting children with other than the one she is married to - not sure if it can be trouble for you too. Its JAIL among the possible punnishments and if making it official it would be producing evidience. BUT if I remember correct nothing happen if not the husband file a case. Some husbands have used as blackmail...

NOTE! The husband is counted as father to ALL children born during marriage. Dont know how to get that change. I suppouse a big hazzle, risk it take years to solve and risk it cost much more than geting an annulment. So to tell it blunt - why didnt you get annulment years ago...?

If I remember correct the "father" = the husband have to sign so the children can leave the country... Some chance to get that skiped if it isnt known where he is. I dont know time limit for that to be possible.
By the children arent older than 7 the mother get legal custody by legal process, which I dont know but perhaps can solve SOME problem, BUT if tell the court you "because" you are the father it perhaps can make OTHER problems...


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## Jaijav15 (Jul 20, 2021)

Lunkan said:


> Its a risk the MOTHER can get in trouble by geting children with other than the one she is married to - not sure if it can be trouble for you too. Its JAIL among the possible punnishments and if making it official it would be producing evidience. BUT if I remember correct nothing happen if not the husband file a case. Some husbands have used as blackmail...
> 
> NOTE! The husband is counted as father to ALL children born during marriage. Dont know how to get that change. I suppouse a big hazzle, risk it take years to solve and risk it cost much more than geting an annulment. So to tell it blunt - why didnt you get annulment years ago...?
> 
> ...


Do you know anything of the fact that the kids have British Citizenship and passports? I am recognised as their legal father in the UK... Can this be used in my favor?


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## Lunkan (Aug 28, 2020)

Jaijav15 said:


> Do you know anything of the fact that the kids have British Citizenship and passports? I am recognised as their legal father in the UK... Can this be used in my favor?


 You are in the Philippines and have the problem to get out as I wrote about, so inside the Philippines that can be a DISadvantage
BUT if you all 4 have managed to get to UK, I suppouse it can be an advantage to be allowed to STAY there to avoid the problems in Phils.

I have no idea if it can help, but perhaps in this order:
1. geting an annulment
2. marry
3. get you appoved as father in Phils
4. THEN get out of Phils. 

Would take long time, but thats the only possible legal idea I have.


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## Jaijav15 (Jul 20, 2021)

Lunkan said:


> You are in the Philippines and have the problem to get out as I wrote about, so inside the Philippines that can be a DISadvantage
> BUT if you all 4 have managed to get to UK, I suppouse it can be an advantage to be allowed to STAY there to avoid the problems in Phils.
> 
> I have no idea if it can help, but perhaps in this order:
> ...


So the Philippines government have the right to refuse to allow British Nationals out of the country? It sounds unlikely. Maybe I should message the British Embassy


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## magsasaja (Jan 31, 2014)

Jaijav15 said:


> So the Philippines government have the right to refuse to allow British Nationals out of the country? It sounds unlikely. Maybe I should message the British Embassy


Yes, if they do not have a ECC. 
If they have a Filipino passport as well, no ECC is needed. 

I would speak to immigration first, as i doubt the Embassy can interfere in another countries immigration policies.


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## M.C.A. (Feb 24, 2013)

Jaijav15 said:


> So the Philippines government have the right to refuse to allow British Nationals out of the country? It sounds unlikely. Maybe I should message the British Embassy


Jaijava15, please no more questions on this forum and talk with a professional, they could answer and give you valuable advice but not us on your situation, Lunkan made some good points though, watch out, the laws here on marriage are very tough.

You need a lawyer, the Philippines Bureau of Immigration has lawyers that are recognized by them. PBI authorized entities

I'm closing this thread.


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