Lim v. Lim · G.R. L-41405

Petitioner: Lim
Respondent: Lim
Citation: G.R. No. L-41405
Court: Supreme Court
Decided: October 22, 1975

Child custody dispute between estranged spouses over their eleven-month-old daughter through habeas corpus petition

Summary

This Supreme Court case involved a habeas corpus petition filed by mother Luisa Chua Lim to recover custody of her eleven-month-old daughter Sheryl from estranged husband Soa Pin Lim. The husband had taken the child from Quezon City to Olongapo City without the mother's consent in September 1975, prompting the mother's petition. After initial procedural disputes over venue and connection to a related civil case filed by the husband, the parties reached a temporary agreement giving custody to the mother with the father's visitation rights preserved. The Supreme Court approved this arrangement, emphasizing the paramount welfare of the child and the legal presumption favoring maternal custody for children under seven years of age, particularly citing Civil Code Article 363 and the Child and Youth Welfare Code. The decision reinforced the principle that separation of very young children from their mothers requires compelling justification.

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Child Custody and Parental Authority in the Philippines

By the Intellegal Editorial Board · October 22, 1975

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