Legal Question in International Law in Wisconsin

Re: I want to bring my daughter to the US

My first question is whether the child is, under applicable law, in the exclusive custody of the mother -- has a court awarded this, or did you just agree that she would raise the child?

Assuming that the mother has informal custody, I think that the courts of the Philippines would have jurisdiction because the child has had her home there. Accordingly, the mother could bring an action there for a formal award of custody.

This kind of matter is the subject of several treaties and conventions. The first one, Hague Convention on the Civil Aspects of International Child Abduction, was incorporated into U.S. law and came into force for the United States on July 1, 1988. It is described at http://travel.state.gov/int%27lchildabduction.html#part5, and the countries that have become parties to the treaty are listed at http://travel.state.gov/hague_list.html

It appears that the Philippines have not yet become a party.

CONVENTION ON JURISDICTION, APPLICABLE LAW, RECOGNITION, ENFORCEMENT AND

CO-OPERATION IN RESPECT OF PARENTAL RESPONSIBILITY AND MEASURES FOR THE

PROTECTION OF CHILDREN (Done at The Hague, 19 October 1996), which I do not believe the U.S. has yet signed, and I am unsure about the Philippines as well.

Even if there is no treaty in force, there is a strong public policy in favor of the goal of these treaties. Therefore, a U.S. court might well recognize a Philippine court judgment even absent the treaty. There might also be criminal penalties in your state -- you should consult with local counsel before embarking upon this course.

Best wishes,

LDWG