A court order granting child custody is more than just a piece of paper; it is a vital legal instrument that dictates the exercise of parental authority and the welfare of a minor. Whether you need it for school enrollment, passport applications (DFA requirements), or enforcing visitation rights, having a Certified True Copy (CTC) is essential.
Unlike a simple photocopy, a CTC is verified by the Clerk of Court as an authentic reproduction of the original document residing in the court’s official records.
1. Identify the Issuing Court
The first step is to identify exactly which court issued the decision or order. In the Philippines, child custody cases are generally handled by Family Courts (Regional Trial Courts).
- Location: You must go to the specific branch where the case was filed and heard.
- Case Details: You will need the Case Number and the Title of the Case (e.g., Juan Dela Cruz vs. Maria Dela Cruz). If you have lost these details, you can ask the Office of the Clerk of Court (OCC) to help you search their database using the names of the parties.
2. Requirements for the Request
Before heading to the courthouse, ensure you have the following prepared:
- Valid Government ID: To prove your identity.
- Written Request/Letter-Request: Some branches require a formal written request addressed to the Branch Clerk of Court.
- Legal Standing: Generally, only the parties involved (the parents) or their authorized counsel can request these documents.
- Special Power of Attorney (SPA): If you cannot go yourself, your representative must have a notarized SPA and a copy of your valid ID.
3. The Step-by-Step Process
Step A: Approach the Branch Clerk of Court
Go to the specific RTC branch that handled the case. Request to see the "Records Officer" or the person in charge of civil cases. Inform them that you are requesting a Certified True Copy of the Court Order/Decision regarding custody.
Step B: Retrieval of Records
The staff will pull the "Case Folder" (records) from the archives. Note that if the case is very old, the records might have been moved to a central storage area, which could take a few days to retrieve.
Step C: Assessment and Payment
Once the order is found, the clerk will count the number of pages. You will be given a "Payment Slip" or "Order of Payment."
- Fees: You will pay a certification fee and a per-page fee (usually minimal, as prescribed by the Rules of Court).
- Documentary Stamp Tax (DST): You will also need to pay for a documentary stamp to be affixed to the document to make it legally valid for official use.
Step D: Processing and Signing
After payment, return to the branch with your Official Receipt (OR). The clerk will then photocopy the order, stamp each page with "Certified True Copy," and have it signed by the Branch Clerk of Court or the authorized signatory.
4. Important Considerations
- Confidentiality of Family Cases: Under Philippine law (specifically the Rule on Custody of Minors), records involving children are confidential. The court will not release these documents to third parties or the general public without a valid court order or proof of direct involvement in the case.
- Finality of the Order: If you need the order to prove that custody is "final and executory," you should also request a Certificate of Finality. This is a separate document confirming that no motion for reconsideration or appeal was filed within the allowed period.
- Apostille (For Overseas Use): If you need the custody order for use in a foreign country (e.g., for a visa application), the CTC must be further authenticated by the Department of Foreign Affairs (DFA) through an Apostille.
Summary Table: Quick Guide
| Requirement | Description |
|---|---|
| Venue | The specific RTC Branch that heard the case. |
| Who can request? | Parents, Legal Guardians, or Lawyers with an SPA. |
| Key Information | Case Number, Date of Order, and Names of Parties. |
| Estimated Cost | Varies by page count; usually includes certification fees and DST. |
| Confidentiality | High; strict identity verification is mandatory. |
Would you like me to draft a sample Letter-Request or a Special Power of Attorney for this specific purpose?