The Supreme Court ruled that overseas Filipino workers (OFWs) may still exercise parental authority and even sole custody over their children despite being assigned abroad.
In a decision written by Associate Justice Jhosep Lopez, the High Court’s Second Division awarded an OFW sole custody of her minor children.
The ruling also granted provisional custody to the children’s grandmother who lives with them in the Philippines.
The SC upheld an earlier decision of the Court of Appeals, which stated that the mother should not be considered an “absent” parent simply because she is an OFW.
Being an OFW does not strip a parent of their right to exercise parental authority or to have sole custody of their children, the court said.
In 2017, the mother separated from the children’s father after four years of marriage. They agreed to share joint custody of their children, provided that the father would give financial support.
The mother later moved to France for work, leaving the children in the father’s care.
When she learned her former husband would leave their children with other people without her consent, she took the children and left them in the custody of their maternal grandmother. The mother executed a notarized document naming the grandmother as the children’s guardian in her absence.
The father filed a petition seeking custody of his children, who were two and three years old at the time.
The father argued that since the mother was “absent,” he should have custody of the children instead of their grandparent.
The Regional Trial Court denied his petition and awarded the mother exclusive parental authority and permanent custody of the children.
In the mother’s absence, the RTC placed the children under the care of their grandmother, while the father was granted only visitation rights.
The Court of Appeals granted joint parental authority to both the mother and father, while maintaining sole custody of the children with the mother and granting provisional custody to the grandmother.
When deciding custody, the Supreme Court said many factors are considered to determine what is best for the child.
Even while living overseas, the mother was able to supervise and care for her children, who are now seven and eight years old, the court said.
She monitored their activities and communicated with them through their home CCTV system. Additionally, she provided monthly financial support.
The SC determined the grandmother was a better caregiver than the father due to his habitual drinking, smoking, and history of violent behavior.
The SC ruled that both the mother and father should retain joint parental authority over their children. It emphasized that the parents’ separation does not automatically revoke their rights to exercise parental authority.