Court order for children visas

[livfree1999]

Hello,

I am hoping for someone to help me with an email that i recieved from my case officer today. I have submitted dependent visas for my children (aged 10 and 3). I have separated with my kid's biological father and I have secured an affidavit of consent from him saying he agrees that I have sole custody of the kids as well as agreeing that the children move and live in NZ once their visas are approved. It was witnessed and signed by both him and a lawyer at my home country.
The case officer sent me this email:

"Based on the information on hand, xxx is 10 years of age, and you and her biological father are married last xxx. We also noted that you have provided an affidavit of consent from her father.
However and in line with the articles of the Family Code of the Philippines, a person seeking the custody of a minor child should get the approval of the court for the minor child’s custody. Thus, a parent cannot transfer or renounce the parental authority of a minor child by an execution of an affidavit.
As the issues detailed above may affect the outcome of your daughter’s application, we are bringing them to your attention out of fairness to you.
We have not made a decision on your application at this stage. This letter gives you the opportunity to make any comments and submit any additional evidence or information in relation to these issues.
Any comments and/or additional documents you wish to make must be received no later than Wednesday, 25 October 2017. You may send your reply and/or additional documents by email to xxxx"

I have called the case officer and advised that a court order takes at least a year in our country to be granted and that I will not be able to comply by the deadline. I also asked if there is anything else that I can submit to satisfy their requirement and he said I can write a statutory declaration explaining the situation although they will consider this they cannot say that it will be approved or acceptable..

Has anyone had this kind of issue before and how was it handled? Is there anything else that I can submit that will help this case considering that a court order takes ages?

Appreciate any advise /response..

[JandM]

I have not seen a case like yours before on the forum. The only hope of a reply is if someone reading this has gone through the experience without having posted about it on a thread.

As the case officer has suggested making a statutory declaration, in your place I would follow his advice.

Good luck.

[livfree1999]

Thank you JandM.��

[Dave in NZ]

I am sending you a pm which will hopefully help

[livfree1999]

Thank you Dave in Nz! I am so grateful!

[raleigh119]

Not to be taken as a legal advice: Have you been married to the children's father? If not, read Family Code of the Philippines Title VI, chapter 3, article 176. If you are married, then you definitively need a court order since the children are legitimate. Best advice: Hire a good lawyer in the Philippines with experience in child custody cases and it shouldn't take a year to get the court order, especially if the father is consenting and is able to appear in court - you also need to appear in court. Also, contact DSWD and get their stand about this issue.