International family law,can to be apply for my Italian son?

Question

I read that in the Philippine,there are 2 family law,one Filipina,other for international us,as a baby.My son is born in Italy,the father he is Italian,he has my Family name,but the mother she is a Filipina.He has dual citizen also from his mother.The problem,that my son now he is in the Philippines with her mother,and she not want come back to Italy anymore!

In this case in the Philippines is it possible to apply International las as US,that in this case my son must to return back where she born,with primary citizen Italian?

Answer 1

Are you sure about the dual citizenship of your son? Or are you assuming just because her mother if from the Philippines...? It's not automatic, such a thing as a dual citizenship must be requested and accepted by both Countries.

I know Italy worked on this matter, parents from different Countries with issues involving children, and there's agreement between Italy (or UE) and most Countries.

You're saying nothing about how and why her mother got back to Philippines: child's parents are legally divorced? She got custody and/or permission to keep her son there? Etc.

Anyway, you should contact Italian embassy.

Answer 2

when your son left ? did he have an Italian passport or Philipino ?

furthermore ? are you sure your son was registered with the Philippines embassy to become a citizen of the Philippines ?

you can email at this adress to check and make sure about his citizenship :

For questions and comments or if you wish to apply Philippines Dual Citizenship directly in the Bureau of Immigration, Intramuros Manila, please call us at 894-1441 or 812-4296 or e-mail us at

[e-mail]

they will more than likely respond to you about confirming your son citizenship of the Philippines or not since he was born abroad

The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction seeks to curb international abductions of children by providing judicial remedies to those seeking the return of a child who has been wrongfully removed or retained. The Convention provides a simplified procedure for seeking the return of a child to its legal custodian. However, there are limitations to the treaty's application. The Convention applies only between those countries that have adopted it as "Contracting States." Under the treaty, each subscribing state sets up a "Central Authority" to serve as a liaison with the other Contracting States. An aggrieved parent may then file an application with either the Central Authority of the home country or the country where the child is located. Upon application, the Central Authority must take all appropriate measures to discover the whereabouts of the child, prevent harm to the child, protect the interests of the lawful custodian or applicant, and secure the voluntary return of the child.

If a judicial proceeding is initiated, the court must act expeditiously. Article 11 gives the applicant or the Central Authority of the Requested State the right to demand a statement from the court detailing the reasons for delay if a decision has not been made within six weeks from the commencement of proceedings. There need not be a custody decree in effect in order to trigger the return provisions under the Convention.

The elements of a cause of action for the return of an abducted child under the Hague Convention on the civil aspects of child abduction and International Child Abduction Remedies Act (1) are that:

# the child was habitually resident of the country from which the child was abducted;

The petitioning parent had either sole or joint rights of custody of the child either through a custody order or du jure (by operation of law), and

At time of wrongfully removal, the petitioning parent was exercising those rights. #

here is the address of the Italian Hague convention bureau in Italy :

ITALY:

The Registry of the Court of Appeal

Rome, Italy

L''Ufficio unico degli ufficiali

giudiziari presso la corte d''appello la corte

d''appello di Roma

Rome, Italy

did you get a divorce ? or has she just left and not come back with the child ?

you could also try to contact the Philippines gov. to see if they can, perhaps do something or inform you ?

here is their home page :

http://www.gov.ph/contactus/

Answer 3

Your best option is to contact the Italian Embassy in the Phillippines and ask them to assist you.  Since your son is an Italian citizen, you should have leverage there, but unfortunately the Italian Embassy´s ability to help you may be restricted since your son is a dual citizen.