International Parental Child Abduction
Japan

June 2002

Original Source: http://travel.state.gov/family/abduction_japan.html

Obsolete previous source: http://travel.state.gov/abduction_japan.html

DISCLAIMER:  THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY.  QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL

Japan is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

Japanese civil law stresses that in cases where custody cannot be reached by agreement between the parents, the Japanese Family Court will resolve the issue based on the best interests of the child.   However, compliance with Family Court rulings is essentially voluntary, which renders any ruling unenforceable unless both parents agree.

The Civil Affairs Bureau of the Japanese Ministry of Justice states that, in general, redress in child custody cases is sought through habeas corpus proceedings in the court.  There is no preferential treatment based on nationality or gender.  Although visitation rights for non-custodial parents are not expressly stipulated in the Japanese Civil Code, court judgments often provide visitation rights for non-custodial parents.

In practical terms, however, in cases of international parental child abduction, foreign parents are greatly disadvantaged in Japanese courts, both in terms of obtaining the return of children to the United States, and in achieving any kind of enforceable visitation rights in Japan.  The Department of State is not aware of any case in which a child taken from the United States by one parent has been ordered returned to the United States by Japanese courts, even when the left-behind parent has a United States custody decree.   In the past, Japanese police have been reluctant to get involved in custody disputes or to enforce custody decrees issued by Japanese courts.

In order to bring a custody issue before the Family Court, the left-behind parent will require the assistance of a Japanese attorney.  A parent holding a custody decree issued in U.S. courts must retain local Japanese counsel to apply to the Japanese courts for recognition and enforcement of the U.S. decree. 

Lists of Japanese attorneys and other information are available on the web at http://www.tokyoacs.com or from the Office of Children's Issues at the address shown below.  Links to the web sites of our other consulates in Japan can also be found at this web site.

U.S. consular officers are prohibited by law from providing legal advice, taking custody of a child, forcing a child to be returned to the United States, providing assistance or refuge to parents attempting to violate local law, or initiating or attempting to influence child custody proceedings in foreign courts.  They generally cannot obtain civil documents (such as marriage registrations and family registers) on behalf of a parent, although an attorney can.

The American Embassy in Tokyo and the Consulates in Naha, Osaka-Kobe, Sapporo, Fukuoka and Nagoya are able to provide other valuable assistance to left-behind parents, however, including visits to determine the welfare of children.  If a child is in danger or if there is evident abuse, consular officers will request assistance from the local authorities in safeguarding the child's welfare.

IMPORTANT NOTE:  In view of the difficulties involved in seeking the return of children from Japan to the United States, it is of the greatest importance that all appropriate preventive legal measures be taken in the United States if there is a possibility that a child may be abducted to Japan.

CRIMINAL REMEDIES

For information on possible criminal remedies, please contact your local law enforcement authorities or the nearest office of the Federal Bureau of Investigation.  Information is also available on the Internet at the web site of the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, at http://www.ojjdp.ncjrs.org.   Contact the country officer in the Office of Children's Issues for specific information.

New Law on Passport Applications for Minors:

On July 2, 2001, the Department of State began implementation of the new law regarding the passport applications for minor U.S. citizens under age 14.  Under this new law, a person applying for a U.S. passport for a child under 14 must demonstrate that both parents consent to the issuance of a passport to the child or that the applying parent has sole custody of the child.  The law covers passport applications made at domestic U.S. passport agencies in the U.S. and at U.S. consular offices abroad.  The purpose of the new requirement that both parents’ consent be demonstrated is to lessen the possibility that a U.S. passport might be used in the course of an international child abduction.

Children’s Passport Issuance Alert Program (CPIAP):

Separate from the two-parent signature requirement for U.S. passport issuance, parents may also request that their children’s names be entered in the U.S. passport name-check system, also known as CPIAP.  A parent or legal guardian can be notified by the Department of State’s Office of Children’s Issues before a passport is issued to his/her minor child.  The parent, legal guardian or the court of competent jurisdiction must submit a written request for entry of a child’s name into the Passport Issuance Alert Program to the Office of Children’s Issues.  The CPIAP also provides denial of passport issuance if appropriate court orders are on file with the Office of Children’s Issues. Although this system can be used to alert a parent or court when an application for a U.S. passport has been executed on behalf of a minor, it cannot be used to track the use of a passport. If there is a possibility that your child has another nationality you may want to contact the appropriate embassy or consulate directly to inquire about the possibility of denial of that country’s passport.  There is no requirement that foreign embassies adhere to U.S. regulations regarding issuance and denial of passports.  For more information contact the office of Children’s Issues at 202-312-9700. General passport information is also available on the Office of Children’s Issues home page on the Internet at http://travel.state.gov/children’s_issues.html.

The State Department has general information about welfare/whereabouts visits, hiring a foreign attorney, service of process, enforcement of child support orders, and the international enforcement of judgments, which may supplement the country-specific information provided in this flier.  In addition, the State Department publishes Consular Information Sheets (CIS's) for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations, and crime reports.  If a situation in a country poses a specific threat to the safety and security of American citizens that is not addressed in the CIS for that country, the Department of State may issue a Public Announcement alerting U.S. citizens to local security situations.  If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning that recommends U.S. citizens avoid traveling to that country.  These documents are available on the Internet at http://travel.state.gov or by calling the State Department’s Office of Overseas Citizen Services at (202) 647-5225.  Many of these documents can also be obtained by automatic fax back by calling (202) 647-3000 from your fax machine.

Address Information - Correspondence and documents can be submitted to:

By FEDEX, DHL, Express Mail, etc.

U.S. Department of State 
Office of Children's Issues 
CA/OCS/CI 
1800 G Street, NW 
Suite 2100 
Washington, DC  20006

By Regular Mail*

U.S. Department of State
Office of Children’s Issues
CA/OCS/CI
2201 C Street, N.W.
Washington, D.C.  20520-4818

(*--As of February 2002, the State Department is experiencing considerable delays of at least three to four weeks in the delivery of regular mail due to mandated irradiation against harmful substances.  We strongly recommend that important correspondence be sent by courier such as FEDEX, DHL, Express Mail, etc. to ensure prompt delivery.)

Tel:  (202) 736-7000 (Recorded Information, access to officers) or  (202) 312-9700
Fax: (202) 312-9743
Internet:  http://travel.state.gov/children's_issues.html

Toll Free Hotline: Overseas Citizens Services in the Bureau of Consular Affairs (CA/OCS) has established a toll free hotline for the general public at 1-888-407-4747.  This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays).  Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-317-472-2328.  Persons seeking information or assistance, in case of emergency, outside of these hours, including on weekends or holidays should call 1-202-647-5225.

The OCS hotline can answer general inquiries regarding international parental child abduction and will forward calls to the appropriate Country Officer.  For specific information and other services available to the searching parent, please call the Office of Children’s Issues public phone number at 1-202-312-9700 during normal working hours.

Divorce and the Family Court System in Japan