When can gov't take your child away from you?

IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF MINOR SHANG KO VINGSON YU SHIRLY VINGSON@ SHIRLY VINGSON DEMAISIP, Petitioner, vs. JOVY CABCABAN, Respondent. (UDK No. 14817; January 13, 2014)

Under Section 1, Rule 102 of the Rules of Court, the writ of habeas corpus is available, not only in cases of illegal confinement or detention by which any person is deprived of his liberty, but also in cases involving the rightful custody over a minor

The general rule is that parents should have custody over their minor children. But the State has the right to intervene where the parents, rather than care for such children, treat them cruelly and abusively, impairing their growth and well-being and leaving them emotional scars that they carry throughout their lives unless they are liberated from such parents and properly counseled.

Since this case presents factual issues and since the parties are all residents of Bacolod City, it would be best that such issues be resolved by a Family Court in that city. Meantime, considering the presumption that the police authorities acted regularly in placing Shang Ko in the custody of Calvary Kids the Court believes that she should remain there pending hearing and adjudication of this custody case. Besides she herself has expressed preference to stay in that place.

Popular Posts