Foreign custody

Dear Atty. Maan,

My former spouse and I have a Parenting Plan approved by a foreign court granting shared custody of our child. When a custody dispute arose in the Philippines, the local court disregarded the Parenting Plan. Isn’t a foreign court judgment binding on Philippine courts?

Stephen

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Dear Stephen,

Not automatically. Philippine courts cannot take judicial notice of foreign judgments unless these judgments have been properly recognized in accordance with Philippine procedural rules.

In a recently decided case, G.R. No. 272461 (21 April 2025), the Supreme Court has ruled that a foreign judgment, including one approving a Parenting Plan, has no binding effect unless formally recognized. Without recognition, Philippine courts are free to independently determine custody issues, guided by Philippine law and the best interests of the child. In the said case, the Supreme Court ruled:

“In all questions concerning the custody of children, the supreme consideration has always been their welfare and well-being. In arriving at a decision as to whom custody of a minor should be given, courts are implored to consider the best interest of the child, or in some cases, the least detrimental available alternative for safeguarding the minor’s growth and development.”

The Supreme Court clarified that it was not in a position to rule on the validity or enforceability of the Parenting Plan because it was based on a foreign judgment that had not been properly recognized in the Philippines. Under Philippine law, courts cannot take judicial notice of foreign judgments or foreign laws. These must first be formally alleged and proven in accordance with the Rules of Court.

Since the US judgment approving the Parenting Plan was not subjected to a recognition proceeding, it could not be treated as binding or enforceable in this jurisdiction.

Finally, the Court reaffirmed that in child custody disputes, the paramount consideration is always the welfare and best interests of the child. Even where a foreign Parenting Plan exists, Philippine courts are duty-bound to conduct an independent assessment of what custodial arrangement best serves the child’s welfare. The existence of a foreign custody arrangement does not relieve local courts of this responsibility, particularly when such arrangement has not been recognized under Philippine law.

Hope this helps.

Atty. Mary Antonnette Baudi