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Anonymous Asked:

how can i get my children in the philippines if i divorce my husband here in canada?

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Jennifer M. Long, B.A. J.D.
5 years ago

I strongly urge you to consult with a lawyer about the details of your situation as more information is needed to respond to your question. For example:  Are you asking to move your children to the Philippines? If so, it may not be easy to move them out of Canada if your husband is staying here.  How long have they lived in Canada? How old are they? Are the children established in Canada? Depending on the circumstances, you would normally  have to demonstrate a very good reason to move them, and this would not likely be easy but you should speak to a lawyer immediately about the reasons you would want to move the children etc. 

If your question is based on the children already being in the Philippines and how to get them back, then we would need to know how long they have been there, under what circumstances, how old they are, who they are with, etc.?  Have the children always resided in the Philippines or has your husband brought them there for example and failed to return with them? The Philippines is not a signatory to the Hague convention on child abduction so in order to obtain custody of the children I believe you would need to deal with that issue in the Philippine court system and under Philippine law. Again, I highly recommend that you speak with a lawyer about your situation, specifically one with experience with international divorces so that the lawyer has enough detail and understanding of your situation to properly advise you.

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