Child's best interests prevail over parental custody agreement — SC

The Supreme Court (SC) has ordered a Family Court to hold a trial concerning the custody of a child, noting that courts are not bound by parental custody agreements when these do not serve the child’s best interest.

In a 16-page decision, the SC Second Division granted the petition filed by a father and his parents regarding the custody of his child. It said that best interest demands a proper trial to be conducted.

The SC said that compromise agreement between parents as to a child’s right is frowned upon by the court.

“[A child’s rights] are not and should not be dependent solely on the wishes, much less the caprices, of [their] parents. [Their] welfare should not be subject to the parents’ say-so or mutual agreement alone,” it said, citing a previous ruling.

“Where, as in this case, the parents are already separated in fact, the courts must step in to determine in whose custody the child can better be assured the rights granted to [them] by law,” it added.

According to the Court, the child moved with his mother to her parent’s home in Cotabato City after his parents separated while he would stay with his father during vacations.

In 2020, his visit to his father was extended due to the COVID-19 lockdown.

However, the court said the father refused to return him to his mother even after the restrictions were lifted. The child also decided to stay with him.

The court said the parents later signed a barangay agreement that the father would return the child after the school year ended, but he still did not comply.

This led the mother to file a complaint with the police and a petition for a writ of habeas corpus with the Family Court.

The Family Court later ruled that the mother would have custody of the child. It adopted their agreement and terminated the case.

The father and his parents, however, appealed before the Court of Appeals (CA) for a full trial to determine custody. The CA upheld the parent’s agreement.

The father then filed the present case before the High Court.

According to the SC, a petition for habeas corpus in a custody case is meant to determine rightful custody and not merely to secure an appearance in court.

The SC said that trial courts must carefully consider the totality of circumstances and grant rightful custody over a child upon concurrence over select requisites.

“‘Best interest’ demands that a proper trial be conducted to determine who should have the rightful custody over a child,” it said.

In the meantime, the SC said the child will remain with the petitioners.

The decision, penned by Senior Associate Justice Marvic Leonen, was promulgated in February 2025. — RSJ, GMA Integrated News