Family Law in United Kingdom

See also the Other Organizations and Links section for the UK which has a number of law related links.

Website of the UK Embassy in Japan

National Laws and Legal Contacts

General Information

1. Foreign & Commonwealth Office Child Abduction Information - This site says, "If your child has been abducted or you fear that an attempt may be made to abduct you should contact the Child Abduction Section immediately on 020 7008 0878 to be put in touch with a caseworker.  We also work closely with the charity 'Reunite', the leading UK charity on international parental child abduction. Reunite provides advice and support to parents and guardians who have had a child abducted or fear abduction. They can be contacted on +44 (0) 116 2556 234. The Child Abduction Section has published a leaflet offering guidance on what to do and who to contact if your child is taken overseas against your wishes or if you are worried that your child might be abducted overseas."
2. Someone reports that if you do get a divorce in the UK ask for a full residence order and a prohibited steps order. This means you will have custody of your child and if he is kidnapped all UK port authorities will be alerted, as will all EU port authorities if you are outside the country at the time! However, you will only be able to leave the UK for up to a maximum 28 days at a time with your child.
3. Statement by Secretary of State for Foreign and Commonwealth Affairs in November 2003 - Officially, they won't help you if your child is abducted to Japan.  It's up to you to handle in Japanese courts.

Domestic Divorce, Child Custody and Visitation Information

TBD

Japan Specific Information

• Non-Recognition of Japanese Consent Divorces in the U.K.;  Jeremy D. Morley, Attorney-at-Law, International Divorce Law Office at Morley & Trager in New York has written a document concluding that if both spouses were domiciled in Japan at the time of their Divorce By Mutual Consent, courts in the U.K will recognise the divorce, as provided in Section 46(2) of the 1986 Act, unless one party was habitually resident in the U.K. throughout the one year period preceding the divorce. However, if either spouse was a non-Japanese domiciliary at the time of the consent divorce, it is likely that a U.K. court will not recognise the divorce.  Read the whole article for the details.  (Contact webmaster for a copy if this one ever disappears.)

Travel Restrictions for Children

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

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

• Requires entry on domestic passport for dual citizens: XXX

  • Penalty: XXX

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

  • Entry to country:  XXX

  • Exit from country: XXX

• Exit controls at immigration to catch abducting parent: XXX

Citizenship Issues

• Permits Dual Citizenship: XXX

  • TBD

• Children can acquire via:

  • TBD

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.

• TBD

Other Resources to Find Lawyers

• TBD