Short answer. Yes. Article 49 of the Family Code requires the court to provide for appropriate visitation rights of the other parent while an annulment is pending. The non-custodial parent's right to see the children is protected by law during the entire proceedings.
What the law says
It shall also provide for appropriate visitation rights of the other parent.
Family Code, Article 49 — Support and Custody During the Pendency of the Action. Read the full provision →
What Article 49 requires during a pending annulment
When an annulment case is filed and still being litigated, the Family Code does not leave the children in legal limbo. Article 49 requires the court to provide for support of the spouses and the custody and support of common children during the pendency of the action — in the absence of an adequate written agreement between the spouses. Alongside those provisions, the article also requires the court to provide for appropriate visitation rights of the other parent. This is not discretionary: the court must address visitation as part of its interim orders.
The paramount consideration: the children's welfare
Article 49 also sets the standard the court must follow when deciding on custody and visitation: paramount consideration to the moral and material welfare of said children and, where applicable, their choice of the parent with whom they wish to remain. Visitation is part of that equation. Maintaining a meaningful relationship with both parents is generally considered to serve children's welfare — and Article 49's requirement of visitation reflects that principle. The court's role is to structure visitation in whatever way best serves the children, not just to accommodate parental preferences.
What appropriate visitation looks like
The article calls for appropriate visitation — a word that leaves the specific terms to the court's discretion based on the facts. Relevant factors include the children's ages, school schedules, the distance between the parents, and any safety concerns. Visitation orders can include specific days and hours, supervised visits if there are protection concerns, or broader parental time if circumstances permit. The court can modify the order as circumstances change during the long pendency of an annulment case.
What to do if visitation is being blocked
If you are the non-custodial parent and the other parent is preventing you from seeing your children during a pending annulment, you have a legal basis to act. Article 49 gives you the right to seek a visitation order from the court handling the annulment. If a visitation order already exists and is being ignored, you can file for enforcement. Documenting blocked visits — dates, times, what happened — strengthens any enforcement motion. A lawyer handling your annulment case can incorporate the visitation issue into the same proceeding without requiring you to start a separate action.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Ma. Carminia C. Roxas vs. Hon. Court of Appeals, et al, G.R. No. 139337, August 15, 2001 — read the decision on LawPhil →
- Eric Jonathan Yu vs. Caroline T. Yu, G.R. No. 164915, March 10, 2006 — read the decision on LawPhil →
- Gerardo B. Concepcion vs. Court of Appeals, et al, G.R. No. 123450, August 31, 2005 — read the decision on LawPhil →
- Jocelyn Pablo-Gualberto vs. Crisanto Rafaelito Gualberto V, G.R. No. 154994, June 28, 2005 — read the decision on LawPhil →