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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37950
Experience:  Retired (mostly)
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I am.married to American man years and of course now we have

Customer Question

I am.married to American man for 13 years and of course now we have a legal battles.we have to children.we are based inFlorida but now.my son and I are in the Philippines due to some very unfortunate situation.We have 2 kids and he took our daughter by force .Now,the court here in the PHILIPPINES give me PPO permanent protection order,GRANTING ME THE CUSTODY OF OUR SON LAST NOVEMBER 2O14,and now theres a conflict because the judge the in the states give an order to return my son in the states..What do i need to do.Please give me an answer and guidance.Thank you.
Submitted: 10 months ago.
Category: Family Law
Expert:  socrateaser replied 10 months ago.

Hello,

Do you intend to return to the USA, before your son becomes a legal adult under Florida law (18 years of age)?

Customer: replied 10 months ago.
I intend to return to the US, as soon as my legal case here in the Philippines get settled.I planned to go back there to deal with our divorce and more, just I don't want my son to be taken away from me just because he manipulated his way to the court.I don't want to go back to the states and give my son to him until the judge decided about the custody and etc.He has our daughter anyway .At this moment he has all the advantages cause I am
Not there and at this moment I just can't go back to the states and no mother would give her son away, after the trauma I had with my daughter taken away from me also.What can I do.
Expert:  socrateaser replied 10 months ago.

Which order was made first: the PPO, or the Florida custody order?

Customer: replied 10 months ago.
My PPO (IN THE PHILIPPINES)was issued to me first .It was issued last November 2014 and the court order to return my son was made the end of the last month this year.i wish I can send you my protection order.My husband cant come near me and my son,500 meters.
Customer: replied 10 months ago.
My PPO (IN THE PHILIPPINES)was issued to me first .It was issued last November 2014 and the court order to return my son was made the end of the last month this year.
Customer: replied 10 months ago.
My PPO (IN THE PHILIPPINES)was issued to me first .It was issued last November 2014 and the court order to return my son was made the end of the last month this year.I
Expert:  socrateaser replied 10 months ago.

Okay, thanks.

A Florida court will utilize the principles of international comity recognize a judgment of a foreign nation if it is convinced that the parties in the foreign court received fair treatment by a court of competent jurisdiction "under a system of jurisprudence likely to secure an impartial administration of justice between the citizens of its own country and those of other countries...." Hilton v. Guyot, 159 U.S. 113, 202, 16 S.Ct. 139, 158, 40 L.Ed. 95 (1895);

Comity is a very flexible doctrine. The basic rule is that the other parent must have notice of a legal proceeding and the opportunity to appear and present his or her case, before a neutral decision maker/judge. If this opportunity was provided to your spouse, then the Florida court will enforce your PPO. Otherwise, the court will enforce the Florida order -- once again, assuming that you were given notice and opportunity to appear and present your case to the court.

What this boils down to is that if an when you return to Florida, you will have to show the court that the PPO was ordered under the doctrine of comity, and that your spouse simply failed to appear and present his or her case. Note that an appearance could be had by telephone, if a physical appearance was impraictical.

Frankly, when you return to Florida, you will need to hire a family law attorney to prepare your case. This is one of those times when the failure to have competent legal representation is almost certain to doom you to failure. If you need a referral to a reputable lawyer referral service, please let me know and I will be happy to provide further information.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Customer: replied 10 months ago.
my mean concern is who has the jurisdiction of my son right now.I have a cpermanent protection order here in the Philippines granting my son the custody to me.
Expert:  socrateaser replied 10 months ago.

While you are in the Philippines, the courts and orders of that jurisdiction control. A Philippines court will not reverse the PPO based upon a court order from Florida, USA. But, as soon as you set foot in the USA, law enforcement could be engaged by your spouse to enforce the Florida order, and you would have to litigate the issue in court.

If it were me, I would probably hire a Florida attorney to file a motion to vacate (void) the Florida order in preference for the Philippines order, and then I would appear in Florida with the child remaining in the Philippines (in case you lose the motion).

At some point, if the goal is to return to Florida, then you will have to litigate the issue of custody. Otherwise, the Florida court order will control your and your son's activities while you are in the USA.

And, if you remain in the Philippines, then you can rely on the existing PPO.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 10 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Customer: replied 10 months ago.
I will give a feedback after I will have my lawyer look
At your answer . I mean my lawyer here in the Philippines
Expert:  socrateaser replied 10 months ago.

Thanks for the update. I understand entirely.

Expert:  socrateaser replied 9 months ago.

Hello again,

What did your lawyer say to you about my answers?

Expert:  socrateaser replied 9 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer -- otherwise I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!