Custody of child (one foreign parent, not married)

Good day everyone. I am desperately seeking for your help. I am a Filipino and recently I have given birth to my child last October 2022. To cut the story short, I and my Taiwanese boyfriend is not in good terms. I am planning to leave the country together with my child but my boyfriend told me that it’s impossible to do it. The baby was already registered on his household. We are not married. Can someone advise me what is the best thing to do for me to be able to get my son. Please I’m desperately seeking for your advice. Thank you in advance

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I cannot really help, but do not attempt to leave the country until you get legal advice.

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Have you tried asking the Philippines embassy or consulate?

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I haven’t tried yet. I am planning but I don’t have any idea on what would be the first thing to do

A lawyer can tell you the law, but lawyers cost money

The embassy is there to help you, they might know what to do first.

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This was posted by @dan2006 in another thread, apparently they have offices all over Taiwan and can offer free consulting. See here

https://www.laf.org.tw/en/

Try to find out ALL your rights and legal opinions not just related to leaving Taiwan with a child, but child support, residency and so on.

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The Assistance to National (ATN) section does not deal with problems/disputes arising out of employer/employee relationship, broker/employee relationship, enforcement of labor laws, rules and regulations and labor contracts as this is handled by the MECO Labor Office. If the problem involves a criminal offense or violation of human rights, the ATN section will coordinate with the MECO Labor Center Office to address your needs.

The Assistance to Nationals Section is on call 24 hours, 7 days a week, to attend to urgent needs of Filipinos in Taiwan particularly in cases of oppression, injustice, discrimination and curtailment of their freedom.

https://www.meco.org.tw/services/assistance-to-nationals#:~:text=The%20Assistance%20to%20Nationals%20Section,and%20curtailment%20of%20their%20freedom.

I think the best way to reach MECO these days is through their Facebook page. So reach them via FB messenger from their page

Try to reach anyone from their ATN team. Remember that there are 2 offices here (Taipei and Kaohsiung) so you should be able to reach someone for advice

Look up these ATN officers in Facebook and ask them who you should speak to – they should at least be able to refer you to someone

Carlo Aquino
https://www.linkedin.com/in/carlo-aquino-12837018

Carlito Marquez, Jr
https://www.linkedin.com/in/carlito-marquez-jr-a6432985

Jacklyn Rose Porto (Manila)
https://www.linkedin.com/in/jacklyn-rose-porto-46433b132

Atty Sergio T Eulogio was the ATN officer in MECO Taipei when I needed help 11 years ago. He was highly professional, easy to speak to, very respectful, and no nonsense. I recall hearing he moved down south (MECO Kaohsiung, I guess). I think he is back in the Philippines now but I haven’t kept in touch. You can try to reach him on FB and ask him to refer you to the right people for advice in Taiwan today

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AFAIK he should not be on the birth certificate, because you are not married. Not sure how he can register the child without you and without being married. So it might be a scare tactic.
Seek legal advice by a lawyer as advised here.


Give them a call:
Integrated Service Centre for Migrant Women and Children
03-2522522


Also make sure you get a Philippine passport for your child from your embassy.

Any person born to at least one Filipino parent receives Philippine citizenship at birth.

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Maybe go to the hospital where you gave birth and request a Chinese and English copy of the birth certificate. It should only have your name and the child’s maybe.

Then get free legal advice. You can probably just leave Taiwan with your child, but you must make sure all your affairs are in order before you do so. Then, if the father wants you to stay, ask him to pay his share of housing and expenses. But, better not give him custody. Better not let him adopt the child either.

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it is possible to register a child between unmarried citizen father and foreign mother under the father’s household registration.

https://www.ca.ntpc.gov.tw/home.jsp?id=9fb3fa7729c55068&act=43c8cd4505626cc5&dataserno=5644f88232f444c74fdc8f3b09572f1f&mclassno=201801260013

https://www.ris.gov.tw/documents/html/2/3/1/380.html

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Obviously one can register children if not married, that was never questioned.
But documents are required to do so as stated in your link. Otherwise any Taiwanese man could claim a child of any foreign single mother.
Father should not be on the birth certificate if not married. Mostly a father child relationship is determined by a DNA test.

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This seems very similar:

Maybe child has the father’s last name on the hospital birth certificate? Since the mom would not have a Chinese name, or perhaps mom took same Chinese name as father anyway.

of course, yes. and we cannot clearly know if the OP provided the document or not from the post, it is written The baby was already registered on his household. it could be what the fathet said, or the fact the OP knows.

this might be too.

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bad advice. the father wouldn’t give an roc passport of the baby. a foreign passport maybe with no entry record would be flaged at airport.

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What I mean is that legally I expected she was in a strong position, but would need to get legal advice and establish legal ground first, before leaving. I should have said that more clearly. Also, right now my opinion has changed. I do not think she is in a very strong position at this time.

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