Celebrate Raksha Bandhan Across Boundaries
Celebrate Raksha Bandhan Across Boundaries
Celebrate Raksha Bandhan Across Boundaries
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Travel requirements for Filipino children
There is confusion out there about what is needed for a Filipino child visa holder to
travel from Philippines to Australia, and many get into
quite a worried state about this.
Many also don't quite get how the rules work and how the laws work in
the Philippines.
So it's time that Down Under Visa cleared a few things up.
We'll also explain briefly about the Philippines child protection laws under Republic Act
No. 7610, and what you should know.
Children.
Do they need a DSWD travel clearance?
DSWD stands for Department of Social Welfare and Development.
This is like "Family Services" in Australia.
They make sure, in this case, that kids are not being trafficked off overseas or in the
wrong hands.
So when is a DSWD travel clearance required?
* When there is a Child under 18 traveling alone to a foreign country
* When there is a child under 18 traveling to a foreign country accompanied by someone
other than his or her parents
What it means is that unless there is a court order to the contrary, a child can travel
overseas with their mum and/or dad without a travel clearance
being needed.
Travel clearances and fathers But be aware that an Australian sponsor can't
go and pick up the child of his girlfriend or fiance and
bring them back to Australia.
And as you will read below, there are laws here about adults being in the
company of kids they are not related to, and you don't want to put yourself under a cloud
of suspicion.
And the same issue applies to your own biological children who are born out of wedlock!
If you have children from a de facto relationship in the
Philippines, then those children are not in your legal
custody (explained below), you would need to get a DSWD Travel Clearance for them.
My advice?
Travel with the mum.
Save yourself the headaches.
Australian visa applications and traveling children
For a child to be included in an Australia visa application, they must meet Public Interest
Criteria 4015.
That means: * The law of the child's HOME COUNTRY (ie.
Philippines) allows them to leave the country under
the circumstances of the visa.
* If anyone other than the mum has legal custodial rights over the child, then they give their
consent.
Children born out of wedlock in Philippines are the sole custody of their mother.
If the parents weren't
married, then the father has no say in whether they leave the country or not.
And this is irrespective of whether he puts his name on the birth certificate
(ie. acknowledges paternity) or not, or whether he
lived in a de facto relationship and did all the right things.
He can complain all he likes, but it will achieve
nothing.
It also means that if the parents of the child are still married, even if he was the worst
father in the world and hasn't seen them or supported them
for the last 11 years, we still need his permission before
the children can leave the country.
Unless the court gave full custody to the mother, we will need to
gain his permission or they will remain in Philippines.
Child Protection Laws in Philippines The Philippines for a long time was one of
those countries where the pedophiles would head knowing
that they could safely abuse kids and get away with it.
Things have changed, and there are strict laws in
place to keep kids out of harms way.
And anyone visiting the Philippines needs to be aware of these
laws or you could inadvertently get caught up in them by well-intentioned but possibly
overzealous law enforcement.
Thus my advice to not even try to travel with kids without their mum.
Basically, you can't be in the company of a child whom you have no right or reason to
be around.
Inviting neighbor kids or street kids to watch TV with you, or to accompany you somewhere,
you could find yourself arrested.
Pedophiles have always come up with excuses and justification as to why the
child was behind closed doors with them.
Letting them play computer games.
Giving them a feed.
Giving them clothes or shoes.
Taking them out on a boat for a treat.
Giving them a bed for the night.
Thus some fairly strict laws, thank goodness!
Be aware of these laws and try to appreciate the reasons for them
existing, and be careful not to accidentally do the wrong thing whether well-intentioned
or not.
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