Family Law in Canada

See also Family Law Cases Outside Japan, Other Organizations and Links.  Some materials under USA may also be relevant.

Website of the Canadian Embassy in Japan (TBD)

Who to call if your child was abducted

• The Canadian Government Our Missing Children clearing house  Contact them and ask for the case worker that covers Japan.  The person that help me was named Joann (613) 993-7860.
• Barbara Snider, Case Director International Division, Missing Children Society of Canada,  Ph: 905-469-8826, Fax: 905-469-8828, missingchildren [AT) mcsc.ca  She has a lot of experience dealing with these kinds of issues and may have some suggestions for you.
• Anne Bourdeau, Assistant National Coordinator for Our Missing Children connected with Consular Affairs office. She is the person within the Canadian government that deals with abductions to Japan. She works closely with the Canadian Embassy in Tokyo. anne.bourdeau (AT(   international.gc.ca  Te: 1-613-944-5390 (direct line), 1-800-387-3124 (toll free)
                                      

International Parental Abduction and Related Issues and Laws

1. Consular Affairs Bureau of Foreign Affairs Canada
2. International Child Abduction booklet (cached copy)
3. Our Missing Children operates as Canada's national clearinghouse for missing children. It is linked to all Canadian police and related agencies, U.S. police agencies, and most foreign police agencies. An important component of the program is the Missing Children's Registry, which is a unique and powerful force in locating and recovering missing children.
4. The Missing Children Society of Canada is a registered non-profit organization dedicated to the search for runaway and abducted children. It provides a comprehensive Investigative Search Program, free of charge, to assist police and parents in the active and ongoing search for missing children.
5. Please Identify Allows users to anonymously request and/or provide information about incidents, people, vehicles, properties, etc. This website helps people from all around the world to exchange information that would otherwise be inaccessible, outdated, or unknown.
6. Interpol Missing Child Legislation page for Canada - summary of related laws in Canada.
7. Canada InterPol page on RCMP site
8. The Canadian Legal Information Institute has a searchable database of Canadian court cases.
9. Other Resources
   • National Center for Missing and Exploited Children
   • Hague Conference on Private International Law home page
   • INTERPOL

Domestic Divorce, Child Custody and Visitation Information

1. Some materials under USA may be relevant.

Japan Specific Information

1. Website of the Canadian Embassy in Japan .(Japanese)

Travel Restrictions for Children

• Requires approval of both parents to get a passport: Unknown

• Has parental notification list for children applying for a passport: Unknown

• Requires entry on domestic passport for dual citizens: Unknown

  • Penalty: Unknown

• Requires permission of other parent when one parent travels alone with children

  • Entry to country:  Yes

  • Exit from country: Unknown

• Exit controls at immigration to catch abducting parent: Unknown

Canadian government regulations permit the issuance of a passport to a child under 16 years of age if the applicant is the parent, the custodial parent or the legal guardian. Effective December 11, 2001, Canadian children must have their own passport. The practice of adding a child's name to a parent's passport is no longer permitted. However, if you hold a valid Canadian passport issued before December 11, 2001, that bears the name of your child, the passport will remain valid for both you and your child until it expires. If parents are separated or divorced, a child will not be issued with a passport unless the application is supported by evidence that the issuance of the passport is not contrary to the terms of a custody order or a separation agreement.

If you fear the abduction of your child, you may notify any passport issuing office in Canada (or the nearest Canadian embassy or consulate if you are abroad) to have your child’s name placed on the Passport Control List, a list that puts officials on alert. You will then be notified if a request for passport services is made for your child. Before your child’s name is included on this list, you will be asked to provide the names and birth dates of both parents and the child, as well as copies of any custody-related documents.

Citizenship Issues

• Permits Dual Citizenship: ???

  • TBD

• Children can acquire via:

  • ??? Birth in Canada

  • ??? Acquisition from a parent

  • ??? Derivation from a naturalized parent

  • ??? Adoption

Recommended Lawyers

Unless otherwise noted, these lawyers have been mentioned by people who have had good experiences with them, and they have experience with Family Law cases in Japan.  Even if they are not licensed in your area, it may be worth it to pay for some advice, or at least to ask for a reference in your area of someone experienced in Japan related cases.

Other Lawyers - not recommended by anyone

• www.martindale.com.  This online directory allows you to search by location and type of practice, even for Japan. Use the "Location/Area of Practice" tab.

The following will be organized into related pages one day.  For now, might be useful as is.

Advice to a Japanese parent living in Canada, when the other Japanese parent abducted their child to Japan after a divorce.  (Neither had Canadian citizenship, but the child is dual Japanese/Canadian.)  The abducting parent had temporary sole custody, but the left-behind parent had visitation and got temporary joint custody after the abduction.  The left behind parent is having a hard time getting the local police to take action.  They say there was no abduction. The left-behind Japanese parent is going to fight in Japan also.  (Going back for a mediation, even though the abducting parent is in hiding.)

Canadian Criminal code. It seems that section 283 should apply to your son's case. It reads:

Abduction

283. (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person, is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction.