Canadian father and PR card holder mother of child born outside Canada

[Mymex3]

Hi to all,
I am new here and stumble into this site in an effort to find advice to my problem,i hope i am in the right spot.
I am a pr card holder and my husband is a canadian national, few years ago we decided to live in the Phil and i got pregnant and give birth in Phil.Things did not do well with the marriage and we got separated but the father of my child left and went back to canada withouth saying anything,
Does anyone here know if what are the rights of my 3years old daughter,can i legally ask for a child support from him as he is in Canada now and my daughter is here with me in Phil?
I only have enough means to survive with my daughter but wud be nice if i can get some support from the father for her good education.
Thanks a lot!

 

[Leon]

You need a lawyer in Canada to go after him for child support. You should also file for divorce in Canada. Maybe you can get alimony and some of his assets to secure your childs future as well.

As a PR card holder who is not living in Canada for some years, you may have lost your PR status already due to not meeting the residency requirements. You need at least 730 days in Canada in any rolling 5 year period. Time spent with a Canadian husband outside Canada is also counted but since you have split up after the birth of your daughter and she is 3 years old, you may be very close to losing your PR.

 

[Mymex3]

Thank u so much for the reply Mr.Leon,

I don't know if there's a point mentioning this,but to make a brief reply to you about my PR status, We got married in Phil and after marriage we went back and I actually live in Canada for almost 3years after marriage then husband decide he wants to live here in Phil.So we bought property and build our house and at the same time trying to get pregnant and live for like 2years together and we separate while the baby is more than 1year old and he refused to give child support to my child since we separate.Not even a single penny.So i basically raise my daughter alone.While the father was still living in Phil in our matrimonial house and i live with my auntie.While he was still here i tried many times to ask for child support but he tightly refuses even in the front of the lawyer.Then finally I've heard he's now back in Canada few months ago and my daughter should be starting school soon.Help from him will be great in regard to education of my daughter.

I cannot divorce here in Phil for we have no divorce,only annulment and its complicated and expensive as what I've heard.

And my PR card now was just recently expired and i dont know about the status, I already talk to the Canadian consulate in my region here in Phil and he said i can renew it.But I don't really know if i wanted to go back to canada to be after him and 2nd i don't have the means for expensis.

So my question is..The only possible way for me to get child support from him is that if i go to Canada and hire a lawyer there?
Is there any way i can do that from here in Phil? For example , Is it possible for me to contact the Canadian govt specializing on Family and child Law regarding this matter?

Thank you for enlightening my mind.

 

[Leon]

This reply here: http://www.worldlawdirect.com/forum/child-custody-support/67576-filipina-wife-ask-child-support-canadian-husband.html to a similar question suggests that the wife should go to court in the Philippines and get a court order for support. This court order could then by used to help enforce the issue in Canada.

You can also find some info here: https://www.cba.org/BC/public_media/family/117.aspx

It seems that unless there is a court order against him to pay support in the first place, you can not get anyone to enforce it. In order to get the court order, you need to talk to a lawyer in Canada and see what you have to do. If the lawyer says that you would benefit more from skipping court in the Philippines and filing for child support in Canada, then you do that. If the lawyer says that it would be better to have a court order from the Philippines, then do that.

 

[Mymex3]

Again,Thank you very much Mr.Leon , you had been very helpful to my quiries.
I will go and check this links that you send me,and hopefully i will gather more positive information.

Sir I really appreciate it.
God Bless!