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Showing 1–12 of 12 articles for “custody disputes”

Child Custody in the Philippines: The Best Interest of the Child Standard

Philippine courts decide child custody disputes by one standard: the child's best interest. Learn the factors, the law, and a landmark 2024 ruling.

Custody Rights in Muslim Divorce: Balancing Shari’a Law and Due Process

The Supreme Court clarifies jurisdiction and due process in custody disputes arising from Muslim divorce under P.D. 1083.

Writ of Amparo Not a Substitute for Child Custody Disputes

The Supreme Court clarifies that the writ of amparo cannot be used to resolve child custody disputes, reaffirming its limited scope.

Forum Shopping and Protection Orders: Avoiding Conflicting Rulings in Custody Disputes

When a mother filed for a protection order in another court while a custody case was pending, the Supreme Court clarified the limits of forum shopping.

Habeas Corpus for Child Custody: What the Supreme Court Requires

The Supreme Court clarifies when habeas corpus applies to child custody disputes and why courts must hold a trial, not just produce the child.

Custody Battles: When Judicial Discretion Meets Legal Mandates in Child Protection Cases

Philippine Supreme Court ruling on a judge's discretion in child custody disputes under RA 9262, balancing legal mandates with the child's best interest.

Habeas Corpus in Custody Disputes: When Personal Liberty Is Not Unlawfully Restrained

The Supreme Court clarifies that habeas corpus requires unlawful restraint of liberty, not merely a dispute over custody of an elderly relative.

Custody Habeas Corpus: Family Courts and the Court of Appeals Share Jurisdiction

The Supreme Court clarifies that family courts do not have exclusive jurisdiction over habeas corpus petitions involving child custody disputes.

Custody Disputes: Why a Mother's Fitness Prevails for Children Under Seven

Philippine Supreme Court clarifies the tender-age presumption in custody disputes, affirming a mother's right to sole custody absent compelling evidence of unfitness.

Custody Rights and Habeas Corpus in Philippine Child Custody Disputes

The Supreme Court clarifies when habeas corpus is proper in custody disputes and how the tender-years rule applies.

Custody Beyond Conversion: Best Interests of the Child Prevail in Custody Disputes

When a mother's faith changes, does her fitness as custodian change too? The Supreme Court says the child's welfare governs.

When a Child Is Taken: Proving Parentage in Habeas Corpus Cases

The Supreme Court explains how courts determine a child's identity and parentage in habeas corpus custody disputes.