Text of the provision
Sec. 28. Custody of children. — The woman victim of violence shall be entitled to the custody and support of her child/children. Children below seven
(7) years old or older but with mental or physical disabilities shall automatically be given to the mother, with right to support, unless the court finds compelling reasons to order otherwise. A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered Woman Syndrome.
Anti-Violence Against Women and Their Children Act of 2004, Republic Act No. 9262 (2004), Section 28. The text above follows the Official Gazette, the publisher of record. The LawPhil and ChanRobles renderings agree with each other but drop words this section’s sense depends on (“below seven (7) years old or older but with mental or physical disabilities” — the mirrors drop the “or”, changing who the automatic-custody rule covers); a mirror’s shared corruption is not a variant reading, and the enrolled text is published.
What this section means
The woman victim of violence is entitled to the custody and support of her children. Children below seven (7) years old, or older but with mental or physical disabilities, are automatically given to the mother, with a right to support, unless the court finds compelling reasons to order otherwise. Suffering from Battered Woman Syndrome does not disqualify her from custody — and custody of minor children is never given to the perpetrator of violence against a woman suffering from the syndrome.
Related provisions
- Section 27 — Prohibited Defense.
- Section 29 — Duties Of Prosecutors And Court Personnel.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.