The Supreme Court has solidified the rights of overseas Filipino workers (OFWs) to maintain parental authority and custody over their children, even when working abroad. This decision was highlighted in a recent ruling by the SC’s Second Division, which was made public on January 30. The ruling favored an OFW mother, granting her sole custody of her children, while their care was temporarily entrusted to their grandmother in the Philippines.
The case unfolded after the mother, who had separated from her husband in 2017 after a four-year marriage, moved to France for employment. Initially, the couple had agreed on joint custody with the father providing financial support. However, upon discovering that the father was leaving the children with others without her consent, the mother took the children and placed them under the care of their maternal grandmother, formalizing this arrangement with a notarized document.
The father then sought custody through a habeas corpus petition, arguing that the mother’s absence disqualified her from custody. However, the Regional Trial Court (RTC) rejected his claim, affirming the mother’s exclusive parental authority and permanent custody. The RTC also arranged for the children to stay with their grandmother in the mother’s absence, limiting the father to visitation rights.
The Court of Appeals (CA) later adjusted this to joint parental authority but maintained the mother’s sole custody and the grandmother’s provisional custody. The Supreme Court upheld this decision, clarifying that an OFW’s status does not equate to being an ‘absent’ parent.
The SC emphasized that the mother, despite being overseas, actively participated in her children’s lives, providing financial support and monitoring their well-being through a home CCTV system. The court also considered the father’s lifestyle, including his drinking and smoking habits and history of violence, as detrimental to the children’s welfare.
The ruling stressed that both parents retain joint parental authority post-separation, with the father receiving visitation rights under strict conditions. This decision underscores the importance of considering the best interests of the child in custody arrangements, particularly in cases involving OFWs.