The Supreme Court has affirmed that an overseas Filipino worker (OFW) does not automatically lose parental authority or custody of their children simply for working abroad.
According to an ABS-CBN News report, citing a decision issued on July 22, 2024, the court rejected a petition from a father challenging a ruling that granted his estranged wife sole custody of their two minor children. The maternal grandmother was given temporary guardianship in the mother’s absence.
The case began after the couple separated in 2017 following a four-year marriage. The mother later moved to France for work, initially leaving the children under their father’s care. However, she later took them back upon learning that he had been leaving them with other people without her approval. She then legally designated her own mother as their guardian while she was overseas.
The father sought custody through a habeas corpus petition, arguing that his ex-wife’s absence made her unfit to retain parental authority. However, both the Regional Trial Court (RTC) and the Court of Appeals ruled in favor of the mother, granting her sole custody and placing the children under the care of their grandmother while she was abroad. The Supreme Court upheld these decisions, emphasizing that an OFW parent’s physical absence does not negate their right to raise their children.
The ruling also cited the father’s history of excessive drinking, smoking, and violent tendencies as factors in determining that the maternal grandmother was better suited to provide a stable environment for the children.
Despite the decision, the court noted that the father still has the right to maintain a relationship with his children, especially as pandemic-related restrictions have eased, allowing him to exercise his visitation rights.
