DSWD, UP Law to help children get support from foreign or Filipino parents living abroad

The Department of Social Welfare and Development (DSWD) partnered with the University of the Philippines (UP) Law Center for the implementation of the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance, which will ensure support for children with foreign or Filipino parents living abroad.

Led by DSWD undersecretary for special projects Eduardo M. Punay and UP Law Center dean Edgardo Carlo Vistan II and witnessed by DSWD undersecretary for operations Jerico Francis Javier and Department of Foreign Affairs-Office of Treaties and Legal Affairs assistant secretary Roussel Reyes, the partnership was sealed through the ceremonial signing of a memorandum of agreement (MOA) on Jan. 30.

The Child Support Convention aims to ensure the effective international recovery of child support and other forms of family maintenance by providing a system of close coordination and cooperation between contracting parties around the world, better access to cross-border maintenance procedures through services and any free legal aid, and expedited and simplified procedures for recognition and enforcement, among others.

Furthermore, it will facilitate the applications of individuals seeking child support and, on a limited basis, spousal support from foreign parents or spouses, as well as the efficient recognition and enforcement of support decisions even made by foreign courts.

Through the convention, Filipino families can seek help from the DSWD, as the central authority of the Philippines, to locate their foreign or Filipino spouses living abroad to get support for their child or children.

Likewise, foreign nationals may also seek assistance, through their respective central authorities, to locate their Filipino or non-Filipino spouses, if said to be in the Philippines, to provide support for their child or children.

Punay expressed DSWD’s gratitude to the UP Law Center, as he highlighted the importance of implementing the Child Support Convention.

“With this convention in place, we will be able to assist the families to locate, apply, process, and claim child support for the left-behind child or children from his or her foreign parent or Filipino parent residing outside the Philippines,” he said.

The DSWD will transmit and receive applications from the “creditor” or the family requesting child support and from the “debtor” or the legally obliged provider, initiate or facilitate the institution of proceedings of the applications, and provide assistance in locating the debtor or the creditor, obtaining documentary requirements, collecting and transferring the provided support.

“As I also welcome you all to the signing ceremony, allow me to assure you, our colleagues in the DSWD as well as in the DFA, that as we enter into this partnership, we are ready and eager to roll up our sleeves and begin the work with you to ensure that the needs and the best interest of children all over the world are addressed,” Vistan said.

The UP Law Center will provide assistance on the applications requiring legal assessment and advice, obtaining documentary requirements or other evidence, and facilitating the ongoing enforcement of maintenance decisions, including any arrears, as well as collection and expeditious transfers of maintenance payments.