Pinoy in NY child custody battle thanks Gloria, DFA for assistance

LAOAG CITY – Overjoyed with the help extended by President Arroyo and Foreign Affairs Secretary Blas Ople, a Filipino father locked in a custody battle for his two daughters in New York has found a ray of hope.

"I am trembling with joy as I hear what you are saying, Teddy," long-haul bus driver Cesar Gabriel said in Ilocano to this reporter as he was informed of the quick action taken by the President and the DFA chief on his plea for help.

Gabriel’s appeal for the help of Mrs. Arroyo and Ople was carried in The STAR last week.

After he lost his common-law wife, Benilda Domingo in the Sept. 11, 2001 attack on the World Trade Center (WTC), Gabriel found himself locked in a legal battle before the Commack Surrogate Court in New York with Benilda’s sister, Melita Domingo-Carr, and her husband, Brendan Carr, for custody of his daughters, Yvonne, 8, and Lucky Angel or LA, 5.

Gabriel sought help from the President and Foreign Affairs chief in obtaining a third visa extension so he could remain in the United States with his son, Daryl, 15, and finish the custody battle.

The next hearing is set for the end of October, when the Carr camp has finished presenting its arguments for the case and Gabriel’s camp is given its chance to present its stand. However, this and subsequent hearings may meet more delays as the Commack court is still trying to find a competent interpreter for Gabriel.

Gabriel’s visa expires on Nov. 29 and he faces the risk of returning to the Philippines before the case is fully tried if his visa is not extended – and thus lose custody of his daughters by default because he cannot be physically present at the Commack court hearings.

Ople has advised Gabriel to proceed to the Philippine Consulate in New York where he can be assisted and advised by consular officials. Ople, however, said it is still up to Gabriel to ensure that his visa is extended, as all the consular staff in New York can do is inform and advise him.

Nonetheless, the news has boosted Gabriel’s morale and given him new hope. "I am truly happy to know that our government is helping me and I am thanking our dear President and Secretary Ople for coming to my succor in time – I value this very much," Gabriel said in Ilocano.