How my son was abducted from Davao to New Zealand

Marie Cris T. Ibarra

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How my son was abducted from Davao to New Zealand
I am letting my story out in the open because I do not want this to happen to any mother or to any child ever again

Editor’s Note: We are withholding the name of the child, who is the subject of this narrative, to protect his privacy. This is an account of a mother whose son was taken away from her.

I am the mother of a minor who was abducted by his illegitimate father and the latter’s parents. This is my story.

My ex-partner and I are residents of Davao City, and had started a romantic relationship sometime in May 2009. In March 2012, we found out I was pregnant with twins. It was a high-risk and difficult pregnancy, I had to be operated on to save one of the babies. In November, I gave birth to my son. 

I was never introduced to my ex-partner’s parents until March 2013 when my son was already 4 months old. It was only then when my relationship with him started to turn sour. His parents did not approve of me or our relationship. 

One night in August 2013, I asked my ex-partner to look after our son in a pad lent by my friend while I was away for an office gathering. Upon returning home about an hour or two past midnight, I got my son who was already asleep and brought him to my room. However, much to my surprise when I woke up at about 6 am, my son was no longer beside me. 

My ex-partner took away our son without my consent and brought him to his parents’ home in Davao where he also lives. 

Despite repeated pleas and demands, my ex-partner and his parents refused to turn over the custody of my son to me. I exhausted all efforts available to me, even waiting by their gate under the heat of the sun for hours to get my son back, but to no avail. So I decided to fight for the custody of my son in court. I filed a Petition for Writ of Habeas Corpus at the Regional Trial Court of Davao City, which granted and declared that the custody of my son belongs to me. With this, they finally turned over custody of my child to me. 

However, this did not put a closure to the issues pertaining to my ex, his parents, and me.

Where is my son?

Sometime in June 2014, my ex-partner asked if he could “borrow” our son for the meantime for his medical checkup. He promised to bring back our son in July; however, to my dismay, he did not return our son on our agreed date. 

I then went to his residence, but no one was there. On the same day, I received a text message from him, saying he would return our son two days later because there will be more medical tests to be conducted on the child. Having been assured of the safety and well-being of my son, I agreed to his request.

On the agreed upon date, he again failed to return our son. Instead, I received a text message from his father, saying they have my son. I went to their house the next day, but again, no one was there. I stayed there for several hours, but still no signs of anyone at home.

I tried contacting him and his parents, but my text messages remained unheeded. I tried calling them, but they could no longer be contacted. It dawned on me that my ex-partner and his parents had no intentions of returning my son, and worse, that they already kidnapped and might have detained him in some other place.

How they got away

Through my lawyer, I sought the help of the National Bureau of Investigation (NBI) to locate the whereabouts of my son, my ex-partner, and his parents. But I still have not received any news.

Since he and his parents are no longer staying in their house, I believe that they have already transported my son outside Davao City.

I also inquired at the Bureau of Immigration (BOI), I asked them to find out whether my ex-partner and his parents have already left the country. It turns out they did. In July, my ex-partner – with the help of his parents – took away my son, who was 20 months old at that time, to New Zealand. I got this information with the help of the Immigration Service in the New Zealand embassy.

I was shocked. How were they able to take away my son when I have not given consent? 

I went to the Department of Foreign Affairs (DFA) in Davao City to investigate further. It was revealed that my ex surreptitiously obtained a passport for my son from the General Santos City Regional Consular Office — without my presence and consent. They used falsified documents and forged my signatures.

I also found out how they were able to get a visa for my son: they created a fake email in my name, requesting that they allow my son to travel to New Zealand with his father. I was also surprised to know how easy it is for the New Zealand embassy to grant a visa to an infant. All it took was a fake email under my name.

In addition, my ex was unable to secure a travel clearance from the Department of Social Welfare and Development, yet he was able to leave the country with my son. For illegitimate minors like my son, to travel abroad with his biological father, he is required to secure a travel clearance certificate as parental authority – this is given only to the mother of the child as required by Philippine law. 

Obviously, this law — specifically, the Family Code, was violated in my son’s case.

After finding out everything about my son’s abduction, I personally appeared and appealed for help at the New Zealand embassy in Manila. Unfortunately, they did not do anything to help retrieve my son.

Recently, I learned that my ex-partner’s parents and my son are now in the Philippines. And a few days ago, their lawyer met with mine. I was expecting there would somehow be remorse on their end, considering what they did to me. Unfortunately, the only reason they met with my lawyer was to offer settlement – that they would give me a sum of money in exchange for the custody of my child.

I will never agree to that kind of settlement. I will never give up my son’s custody. I’m seeking justice. 

They abducted my child, forged my signatures, and used falsified documents. They need to pay for the consequences. If the law requires them to serve time in jail, and at the same time pay some damages, then so be it. 

On finding help

 

I am letting my story out in the open because I would not want this to happen to any mother or to any child ever again. 

Our government agencies – namely the DFA, the BOI, and the New Zealand embassy – have failed in protecting a child from abduction. I believe these institutions should also be reprimanded. 

I greatly suffered emotionally and psychologically because of my ex-partner’s and his parents’ actions.  

The saddest part, however, is knowing that our government agencies, which we expect to protect the welfare of women and children, failed to do so in the case of my son. – Rappler.com

Marie Cris T. Ibarra is an entrepreneur. She owns a small business and an online shop. She is a mother seeking justice for her missing son. If you want to help and get it touch with her, you may email her at cyatibarra@gmail.com 

Airplane image from Shutterstock

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