It is not an ideal scenario but sadly, some fathers actually stop supporting their families while they are working abroad. It is a particularly sad setting and when it happens, the wives and children suffer the most.
If you are a wife and you find yourself in this situation, you need to keep in mind that you have the right to tap legal assistance.
The “Anti-Violence Against Women and Their Children Act of 2004” (also known as Republic Act 9262) mentions under the “Economic Abuse” section that a wife has the legal right to file a case against her husband if he, in any way, fails to fulfill his responsibilities as a provider for the family.
How do you proceeds to filing an actual case?
First and foremost, the wife needs to come up with documentary evidence that she, a legal wife, is not being supported by the husband.
A “Petition for Protection Orders” document has to be filed at the appropriate court (such as a municipal trial court, metropolitan trial court, or regional trail court) located at the wife’s residence. This spans a wide array of offenses such as abuse, harassment, and support provision as can be read in Section 8.
The application should be done in writing. The complainant should sign it and swear under oath. Some of the details that should be mentioned in it include the full name and current address of both the husband and the wife, a description of their relationship, an explanation of the situation.
Of course, the file should also have a request for counsel and waiver for application fees as well as confirmation that there aren’t any complaints in other courts.
Courtroom staff members and barangay officials will help complainants to prepare the application. Shortly thereafter, law enforcers will provide additional help as necessary once they are properly informed.
OFW thoughts: If you are an OFW husband you must provide the needs of your family way back home. You must be a good provider and make sure to secure the future of your children. Share your thoughts by leaving a comment on the box below.