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  1. #1
    Join Date
    Aug 2007
    Posts
    10

    Default Children Taken from the Philippines to the U.S. Illegally

    I hope I get some info from someone ASAP as I have a desperate situation.
    This is going to take some explaining but I will concise it as best I can although it will still sound like a drama, but I want to give a clear story and I hope some sympathetic and knowledgeable person will not get bored reading this and can give me some info and advise.

    I am an American male citizen residing in the Philippines for the last 10 years. About 9 years ago I had two beautiful twin girls born from Filipino women here in the Philippines. For 5 years I remained here supported and helped raise them. I never married the Mother because we could not get along. During the time the children were born, the law was such in the Philippines that children born out of wedlock and to a foreigner, the foreigner Fatherís name could not appear on the childrenís birth certificate. The Mother for years dragged her feet on having the kids registered as American citizens with the American embassy. The Mother met another American man from California and formed a relationship solely for obtaining U.S. residency as admitted by her. She married this man here in the Philippines in 2005. The Mother and I agreed that the children would stay with me in the Philippines, as I insisted because I would not have my children in the middle of a sham marriage. The time came for the Mothers Visa interview at the U S embassy for her marriage visa. Unknown to me was that she took the children along to try to obtain visas for them attached to her marriage visa, as the children were only 5 being under 18. She as trying to sneak them out of the country at a latter date without me knowing, She admitted during the embassy interview that the children had an American Father who was active in their lives and supporting them. The consular officer refused to give the children a visa, stating they are considered American citizens. She called me to Manila to verify I was the father. She made excused as to what she was really trying to do. However, I knew, but was happy she was caught and had the opportunity to register my children as U S citizens. At the embassy the officer stating how much of a resemblance between the kids, and myself, but ordered a DNA test. He told the Mother, as she was next to me that when the kids passports with my name are made, they are under my control and her faced dropped. She knew I would not let the kids go.
    We took the DNA test results were suppose to take about 12 days, but took 22. Many times I called about the results but they could not find the rest results. Finally they arrived at the U S embassy. The test stated I am not the father, but most assuredly I am. I suspected interference and a payoff to get the results tampered with and to her advantage showing me not the Father. After the blood was taken from my daughter and I and put into vials, the Mother and two nurses left the small room with the vials leaving me alone with my daughter. I thought nothing of it at the time. When the results came back I knew what had happened. In the Philippines, anything can be done for money and the Mother had enough of it from her Husband who would have sent what ever she needed. The mother also had some connections to help her in this fraud. This left the mother free to take the children attached to her marriage visa and there was nothing I could do, as I was considered not the father.

    I told the embassy about what happened with the blood vials and pleaded with them not to let my children go. They would do nothing to help me. One officer there told me he was very suspicious of the mother and also noting the overwhelming resemblance between my kids and I, which is true. The embassy told me I could take another test, but the Mother refused to do this and took my children days later. Her husband arrived and they hid for a few weeks until the visas were ready for her and my kids. They left the country at the end of March 2006. I was devastated and suicidal. The mother admitted to a few of her relatives {who have a low opinion of her} that she fixed the DNA results so she could get the kids away from me. She also admitted the same to me in a round about way.

    After they arrived in the U S I had contact with my kids on messenger and cam several time and than nothing. I pleaded and pleaded with emails to the mother to let me see my daughters for months, but nothing. The law got changed here, got my name on the kidís birth certificates the other ones were considered void. I also managed to get custody of the kids here, as they are still Filipino citizens and based on the Mothers shady past. Another order was issued from the court demanding the mother return to the Philippines to take a new DNA test by last August 30 2009. She did not return. I had a lawyer work pro bono for me in the U S, as my money was low. She hired and attorney here also and had an attorney in the U S for a short time. My attorney in the U S suggested a new DNA test, but the mother refused. End result, all attorneys for the Mother withdrew form the case. It seems the Husband considered me a threat to his marriage and was the one trying to keep me away from my kidís and hired the attorneys. They ran out of money. My kids contacted me out of the blue about 2 years ago. Everything seemed to be OK with constant contact with my kids and I sent money for them. The Mother and I were to write up a joint custody agreement when she arrived here in June. I agreed to cancel the custody order I have contingent on a new one and the kids coming back in June, as I would pay the airfare. A few months ago the Mother leaves the husband after having numerous affairs, which also affected my kids emotional state. She gets and apartment and the husband still pays for it and all expenses even knowing she has a boyfriend with her.. A few days ago I found out the Mother, my kids, and the husband arrived here in the Philippines on about Monday the 31st. They did not tell me and I am in a state of utter turmoil and sadness my kids are here for the first time in 4 years and I cannot touch hold or see them. I have been told that the Husband was willing to bring her here early and pay for the trip as long as I was not aware they were here and the mother agreed. He is hoping to win this woman back! Can you imagine how I feel? I want to get my kids back and away from the mother and even her relatives agree this is best for my kids. Here is my question:

    When my daughters were taken to the U S in 2006 attached to the Mothers marriage visa it was legal and the kids entered the U S legally. Now, they are here and the mother and the husband fully aware that I have been given full custody. I am trying to get a hold departure order issued against the Mother but it may not be issued before they leave as I found out on April 9 this week. If she takes my kids and leaves she will be violating the court order by not returning my kids to me and possibly kidnapping and the husband also being an accomplice. So therefore, it seems to me, she will be taking the kids out of the Philippines illegally and also entering the U S illegally with my kids regardless that my kids entered the U S legally 2006. How can I get my kids legal stay cancelled in the U S as they have been removed from here in violation of a court order and I am the legal guardian? I cannot get a soul on any the phone in the U S from immigration. Just recordings and I do not even know whom the right dept is to call. If I hire an attorney there it will be more money than I can possible afford. It seems to me there must be an easier way. The mother also has her permanent residency now as she waited for that before she left her husband. Talk about marriage fraud! The U S seems to protect people doing this. Can some one help me and steer me in the right direction, as I am a desperate father? Can the U s embassy in the Philippines do anything or are they out of it? Thanks for listening.

    Dave

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Children Taken from the Philippines to the U.S. Illegally

    You are in the Philippines. Your ex is in the Philippines. Your children are in the Philippines. You need to now enforce your custody order under Filipino laws. If you are having trouble doing that, get help from a lawyer in the Philippines. None of that is a U.S. legal matter, and this is a U.S. board. You can inquire with your lawyer as to whether a court in the Philippines will impound the children's (and possibly the mother's) passports, and whether there is a way to trigger a safeguard at the border that will flag their passports if mom attempts to remove them in violation of a court order.

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