The Supreme Court (SC) has issued rules to expedite court processes for the return of a child who is below 16 years of age and abducted from his or her country of “habitual residence” and taken to the Philippines.
The Supreme Court has issued rules to expedite court processes for the return of a child who is below 16 years of age and abducted from his or her country of “habitual residence” and taken to the Philippines.
It said the rule “shall apply to all international child abduction and retention cases in accordance with the Hague Convention on the Civil Aspects of International Child Abduction of 1980 . With the approval by all members of the SC, the rule – under A.M. No. 22-09-15-SC) — will take effect 15 days after its publication in two newspapers of general circulation.Under the rule, the petition should be filed by the “left behind parent” or any authorized person, institution or any other body claiming that a child has been wrongfully removed or retained in breach of custody rights before the regional trial court acting as a family court.
The case should be filed with the family court where the child is found and if the child’s location is unknown, it can be filed where the “taking parent” is located.
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