Dear PAO,

I am a father of two wonderful children. My partner and I aren’t married. Because of some irreconcilable differences, their mother and I fought for custody and by virtue of a court order, the custody of my children was awarded to me. I am planning for a family trip to the United States this year. Do I need any certificates from the Department of Social Welfare and Development for my children, even if they are to travel with me? Please help me be clarified. Thank you.

Onnoy

Dear Onnoy,

Our government recognizes the need to protect children from trafficking and other crimes. There are existing guidelines for the departure of children from the country, whether they leave with or without their parents.

Memorandum Circular No. 22, series of 2024 (MC 22 s. 2024) dated 14 June 2024, otherwise known as “Guidelines in the Implementation of Digitized Clearance for Minors Travelling Abroad,” issued by the Department of Social Welfare and Development, outlines who are exempted from securing a Minors Travelling Abroad Certificate. According to Article IV, Section 2 thereof:

“2. Circumstances where a minor is exempted from securing a Travel Clearance:

“a. A minor accompanied by the following:

“1. Either or both of the minor’s parents, if the minor is legitimate;

“2. The minor’s biological mother, if the minor is illegitimate;

“3. The minor’s father who has been granted sole parental custody or custody by the proper court, if the minor is illegitimate;

“4. The minor’s legal guardian;

“5. The person, including one of the minor’s parents, who was granted sole parental authority or legal custody by the proper court, in which case the court decision should specifically include a statement to this effect, i.e naming the person to whom sole parental authority or legal custody over the minor has been granted; an

“6. Minor’s adoptive parents if the minor is granted with adoption decree and Certificate of finality.

“b. A minor who is an immigrant or a permanent resident abroad, with foreign service holding a diplomatic/official passport such as Ambassador/General Consul/Attaches, provided he/she is holding a valid passport such as dependent visa/identification card which serves as a proof that the travel does not constitute child trafficking.”

However, the same guidelines require a mandatory certificate of exemption in certain cases. Under the same article, Section 3 of the said circular states:

“3. Circumstances requiring MANDATORY issuance of Certificate of Exemption:

“a. If the parents are not married, and the child’s traveling companion is the biological father who has sole parental custody or legal custody over the minor as evidenced by a Court Order;”

To answer your question, it is clear from the above-stated provision of MC 22 s. 2024 that when the parents of the child are not married and the child travels with his/her father with whom sole parental custody is awarded by the court, a Certificate of Exemption is still mandatory. Hence, it is required for you to secure a Certificate of Exemption from DSWD for your upcoming travel to the United States.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]