1. Domestic laws should be developed so as to assist in securing the recovery of maintenance for any child living overseas from the parents or other persons living in Japan having a financial responsibility for the child, as well as for a child living in Japan away from its parents or other persons living overseas.

2. In order to achieve the objective as specified in 1. above, the Government should accede to the 1956 UN Convention on the recovery of maintenance from abroad.

3. Legislation for the recovery of maintenance should be enacted, and, through a mutual guarantee declaration with the United States, etc., a system for mutual recovery of maintenance should be established.

1. Introduction

1. From the 1990s onward, problems have occurred in countries such as the Philippines, Thailand, etc., where, after having had a child with a local woman, a Japanese man came back to Japan without paying any subsequent maintenance. According to a certain news report, there are currently more than 10,000 half-Japanese half-Filipino children (or “Japinos”) whose father’s location cannot be identified (Mainichi Newspapers, Tokyo version, morning edition, April 16, 1997). In places where the U.S. military bases are located such as Okinawa, a similar situation still continues, where a U.S. military man or civilian returns home leaving his child with a Japanese woman and without paying any subsequent maintenance.

In the meantime, it is rare to find among the judicial precedents in Japan a trial dealing with a suit from a child living abroad seeking recovery of maintenance. There are two cases where a suit was filed in a Japanese court by a child living in the U.S. seeking an enforcement of maintenance judgments won in the U.S. But in both cases, all persons concerned, including the mothers, were Japanese, and it was assumed that they could have the assistance of their relatives in Japan (judgment at Tokyo High Court, September 18, 1997; judgment at Tokyo High Court, February 26, 1998). Likewise, it seems virtually impossible that a child living in Japan would be able to recover maintenance from his/her parents, living overseas. This situation occurs because the Japanese government does not provide any form of assistance.

In this respect, the Government cited paras. 136 and 137 from the Initial Report in para. 190 of their report. This referred to a case in which a child's parents or other persons having financial responsibility for the child live in a different country and the child is to recover maintenance in Japan. However, these paragraphs in the Initial Report simply stated that the Family Court in the domicile of the defendant has jurisdiction over maintenance case. If the property of the defendant is in Japan, the property may be subject to levy of execution pursuant to the judgment or decision for the child. Japan ratified the 1956 and 1973 Hague Conventions with regard to governing law over the obligation to provide maintenance.

In other words, the Japanese government is not in the least aware of the fact that it is very difficult for a child living overseas to find his/her father living in Japan, as well as to file suit in Japan. The Government Report also did not refer to the problem envisaged when a child living in Japan would try to recover maintenance from abroad.

2. Measures regarding domestic laws

2. The Government Report stated that a suit can be filed in the domicile of the defendant (para.136). However, for a child living overseas, it is very difficult to find the defendant, namely the Japanese father, and it is virtually impossible for a child in financial difficulties to produce the legal expenses required in Japan (in this respect, refer to B, 2 mentioned earlier). The legal aid association has established a system for paying legal expenses, but only those who are prepared to stay in Japan until the advance money is repaid can use this system. Under the current Japanese immigration control system, foreign children who are disregarded by Japanese parents are virtually not allowed to acquire resident status (refer to IV, B, 2). Moreover, in the case of a child living overseas who files a suit in his/her country, and won a judgment in his/her favor (if obtained), it is necessary to file a suit for enforcement of the judgment again in Japan (Article 22, No. 6, Law of Civil Execution), the same problem will arise.

On the other hand, in the case of a child living in Japan seeking recovery of maintenance from parents, etc. living overseas, it is necessary for him/her to find a person obliged to support him/her by himself/herself, and file a suit in that country. In this case, there is not a system that the Japanese government supports such maintenance recovery in cooperation with foreign governments.

Certainly, where a child and the person obliged to support them live in the same country, it is relatively easy for the child or his/her representative (in many cases, the mother) to file a suit against that person. On the contrary, to file a suit in a foreign country is difficult even for business firms. Therefore, it is impossible for a child who was abandoned by the parents (in many cases, the father) to file a suit without the government’s support. When considering the difficulty in recovering maintenance from abroad, the first sentence of Article 27, Paragraph 4 of the Convention stipulates the obligatory measures involved in securing it. It is evident that the Japanese government, which has not taken any such measures, is in violation of the Convention.

3. Conclusion of international agreements

3. Naturally, recovering maintenance from abroad cannot be made by a single country’s government, and cooperation from other countries is necessary. Therefore, the second sentence of Article 27, Paragraph 4 of the Convention stipulates promoting accession to international agreements or the concluding of such agreements. But Japan has not concluded agreements with any country concerning the recovery of maintenance from abroad; the Government also did not refer to this point in its Report.

To cite an example, the United Nations Convention on the Recovery of Maintenance from Abroad was established in 1956, and more than 50 nations are affiliated to this Convention. Under this Convention, if a child makes an application in the country where he/she resides, the application will be sent to the country where his/her parents, etc. live, and that country’s government will take all necessary measures to recover maintenance including legal procedures. Also, countries such as the United States, Canada, South Africa, India, Singapore, etc. have established a different system. When recovering maintenance each country must enact a substantially similar reciprocal law and declare which other states satisfy reciprocity; in doing so, as the case with the Convention, the same effects are obtained. Moreover, countries such as Germany, France, the United Kingdom, Sweden, Norway, Poland, Hungary, Australia, New Zealand, and Mexico etc. are participating in an independent system adopted by the United States, etc. while affiliated to the 1956 Convention

(Yasuhiro Okuda, “Construction of a System for Maintenance Recovery Abroad”, Hokudai Hogaku Ronshu, Vol. 53, No. 5).

However, Japan has not participated in any of these systems, which makes it extremely difficult to recover maintenance in this country. Just as in the case above (D4), Japan has not acceded to the Convention even though it must do so. Japan is therefore violating the second sentence of Article 27, Paragraph 4 of the Convention. Japan should immediately accede to the 1956 United Nations Convention, and at the same time, enact laws concerning maintenance recovery and establish a system for recovery with the United States, etc.

The information on this website concerns a matter of public interest, and is provided for educational and informational purposes only in order to raise public awareness of issues concerning left-behind parents. Unless otherwise indicated, the writers and translators of this website are not lawyers nor professional translators, so be sure to confirm anything important with your own lawyer.
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