The document discusses provisional orders that may be issued by courts regarding child custody, child support, spousal support, visitation rights, and administration of common property during legal separation or annulment proceedings. The court may issue orders for child custody, support, and visitation based on the best interests of the child. It may also issue orders providing for spousal support and appointing an administrator for common property. The court has discretion to determine appropriate terms and consider various factors in issuing these provisional orders.
The document discusses provisional orders that may be issued by courts regarding child custody, child support, spousal support, visitation rights, and administration of common property during legal separation or annulment proceedings. The court may issue orders for child custody, support, and visitation based on the best interests of the child. It may also issue orders providing for spousal support and appointing an administrator for common property. The court has discretion to determine appropriate terms and consider various factors in issuing these provisional orders.
The document discusses provisional orders that may be issued by courts regarding child custody, child support, spousal support, visitation rights, and administration of common property during legal separation or annulment proceedings. The court may issue orders for child custody, support, and visitation based on the best interests of the child. It may also issue orders providing for spousal support and appointing an administrator for common property. The court has discretion to determine appropriate terms and consider various factors in issuing these provisional orders.
AM-02-11-12 career building of the other spouse; (7)
the age and health of the spouses; (8) the RULE ON PROVISIONAL ORDERS physical and emotional conditions of the spouses; (9) the ability of the supporting Section 1. When Issued, - Upon receipt spouse to give support, taking into of a verified petition for declaration of account that spouse's earning capacity, absolute nullity of void marriage or for earned and unearned income, assets, and annulment of voidable marriage, or for standard of living; and (10) any other legal separation, and at any time during factor the court may deem just and the proceeding, the court, motu proprio equitable. or upon application under oath of any of the parties, guardian or designated (d) The Family Court may direct the custodian, may issue provisional orders deduction of the provisional support from and protection orders with or without a the salary of the spouse. hearing. These orders may be enforced immediately, with or without a bond, and for such period and under such terms" Section 3. Child Support. - The common and conditions as the court may deem children of the spouses shall be supported necessary. from the properties of the absolute community or the conjugal partnership. Section 2. Spousal Support. - In determining support for the spouses, the Subject to the sound discretion of the court may be guided by the following court, either parent or both may be rules: ordered to give an amount necessary for the support, maintenance, and education (a) In the absence of adequate provisions of the child. It shall be in proportion to in a written agreement between the the resources or means of the giver and to spouses, the spouses may be supported the necessities of the recipient. from the properties of the absolute community or the conjugal partnership. In determining the amount of provisional support, the court may likewise consider (b) The court may award support to either the following factors: (1) the financial spouse in such amount and for such resources of the custodial and non- period of time as the court may deem just custodial parent and those of the child; and reasonable based on their standard of (2) the physical and emotional health of living during the marriage. the child and his or her special needs and aptitudes; (3) the standard of living the (c) The court may likewise consider the child has been accustomed to; (4) the non- following factors: (1) whether the spouse monetary contributions that the parents seeking support is the custodian of a child will make toward the care and well-being whose circumstances make it appropriate of the child. for that spouse not to seek outside employment; (2) the time necessary to The Family Court may direct the acquire sufficient education and training deduction of the provisional support from to enable the spouse seeking support to the salary of the parent. find appropriate employment, and that spouse's future earning capacity; (3) the- Section 4. Child Custody. - In duration of the marriage; (4) the determining the right party or person to comparative financial resources of the whom the custody of the child of the spouses, including their comparative parties may be awarded pending the earning abilities in the labor market; (5) petition, the court shall consider the best the needs and obligations of each spouse; interests of the child and shall give (6) the contribution of each spouse to the paramount consideration to the material marriage, including services rendered in and moral welfare of the child. provided to the parent who is not The court may likewise consider the awarded provisional custody unless found following factors: (a) the agreement of the unfit or disqualified by the court. . parties; (b) the desire and ability of each parent to foster an open and loving Section 6. Hold Departure Order. - relationship between the child and the Pending resolution of the petition, no other parent; (c) the child's health, safety, child of the parties shall be brought out of and welfare; (d) any history of child or the country without prior order from the spousal abase by the person seeking court. custody or who has had any filial relationship with the child, including The court, motu proprio or upon anyone courting the parent; (e) the nature application under oath, may issue ex- and frequency of contact with both parte a hold departure order, addressed parents; (f) habitual use of alcohol or to the Bureau of Immigration and regulated substances; (g) marital Deportation, directing it not to allow the misconduct; (h) the most suitable departure of the child from the physical, emotional, spiritual, Philippines without the permission of the psychological and educational court. environment; and (i) the preference of the child, if over seven years of age and of The Family Court issuing the hold sufficient discernment, unless the parent departure order shall furnish the chosen is unfit. Department of Foreign Affairs and the Bureau of Immigration and Deportation of The court may award provisional custody the Department of Justice a copy of the in the following order of preference: (1) to hold departure order issued within both parents jointly; (2) to either parent twenty-four hours from the time of its taking into account all relevant issuance and through the fastest available considerations under the foregoing means of transmittal. paragraph, especially the choice of the child over seven years of age, unless the The hold-departure order shall contain parent chosen is unfit; (3} to the the following information: surviving grandparent, or if there are (a) the complete name (including the several of them, to the grandparent middle name), the date and place of birth, chosen by the child over seven years of and the place of last residence of the age and of sufficient discernment, unless person against whom a hold-departure the grandparent is unfit or disqualified; order has been issued or whose departure (4) to the eldest brother or sister over from the country has been enjoined; twenty-one years of age, unless he or she (b) the complete title and docket number is unfit or disqualified; (5) to the child's of the case in which the hold departure actual custodian over twenty-one years of was issued; age, unless unfit or disqualified; or (6) to (c) the specific nature of the case; and any other person deemed by the court (d) the date of the hold-departure order. suitable to provide proper care and guidance for the child. If available, a recent photograph of the person against whom a hold-departure The custodian temporarily designated by order has been issued or whose departure the" court shall give the court and the from the country has been enjoined parents five days notice of any plan to should also be included. change the residence of the child or take him out of his residence for more than three days provided it does not prejudice The court may recall the order. motu the visitation rights of the parents. proprio or upon verified motion of any of the parties after summary hearing, Section 5. Visitation Rights. - subject to such terms and conditions as Appropriate visitation rights shall be may be necessary for the best interests of the child. Section 8. Administration of Common Section 7. Order of Protection. - The Property. - If a spouse without just cause court may issue an Order of Protection abandons the other or-fails to comply with requiring any person: his or her obligations to the family, the (a) to stay away from the home, school, court may, upon application of the business, or place of employment of the aggrieved party under oath, issue a child, other parent or any other party, and provisional order appointing the applicant to stay away from any other specific place or a third person as receiver or sole designated by the court; administrator of the common property (b) to refrain from harassing, subject to such precautionary conditions intimidating, or threatening such child or it may impose. the other parent or any person to whom custody of the child is awarded; The receiver or administrator may not (c) to refrain from acts of commission or dispose of or encumber any common omission that create an unreasonable risk property or specific separate property of to the health, safety, or welfare of the either spouse without prior authority of child; the court. (d) to permit a parent, or a person entitled to visitation by a court order or a The provisional order issued by the court separation agreement, to visit the child at shall be registered in the proper Register stated periods; of Deeds and annotated in all titles of (e) to permit a designated party to enter properties subject of the receivership or the residence during a specified period of administration. time in order to take persona! belongings not contested in a proceeding pending Section 9. Effectivity. - This Rule shall with the Family Court; take effect on March 15, 2003 following (f) to comply with such other orders as its publication in a newspaper of general are necessary for the protection of the circulation not later than March 7, 2003. child.