The most basic issue is that a non-Japanese needs to be able to stay in the country long enough to pursue legal action for custody or visitation rights. Since this can takes years in Japanese courts, this requires the ability to work and earn a living. Yet there is no visa status that allows this. There have also been cases where the Japanese parent has contacted and "discouraged" employers who might otherwise hire the non-Japanese citizen legally. (Not having this type of visa can also encourage foreign parents to re-abduct the child out of Japan. It can also encourage foreign parents to stay or work in Japan illegally.)

Rapid deportation policy, while not directly a family law problem, illustrates the extent to which Japan disrespects this constitutional right to a trial. ??Is this another KOKUMIN only right???

From Feb 2, 2006 raid deportation article: work into the text here:

In 2005, a revision to the Administrative Litigation Law extended the statute of limitations for filing that kind of suit from three to six months from the time of the original decision.

The revision was made to "properly secure the opportunities for Japanese people to restore their rights or interests" should those be damaged by government actions.

But Immigration Bureau officials apparently believe that those rights do not apply to foreign nationals.

"(We) cannot allow foreigners who have overstayed their visas to remain in Japan for such a long period, even if they plan to file litigation," said a senior official of the bureau's enforcement division.

"We do not believe we violated foreigners' rights to file lawsuits," the official added. "They could have prepared for filing lawsuits before they were notified of the ministry's rejection of their application, or consulted their lawyers within the day."

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Documented Cases

Mother, Yamila Castellanos was denied the right to work in Japan and visa extensions during court proceedings in Japan for forgery on an application for Divorce By Mutual Consent and for the custody battle for her daughter. She existed only by the charitable graces of others, including that of friends and a convent which provided lodgings during several years of court battles.
Father, Khawar Ali Shah, while resident outside of Japan, was summoned by a Japanese court for divorce proceedings by Japanese wife and custody of their child. He was granted a visa to Japan by the embassy, but refused entry by Japanese Immigration. Twice.
Ken Massey had lived in Japan for 17 years and been married to a Japanese women for 10 years. After their divorce, he was working at a steady job and making regular child support payments until immigration refused to issue him a visa and eventually deported him under suspicious circumstances. He wonders what happened to his children's right to be near their father, which is guaranteed by the United Nations Convention on the Rights of the Child.
From Feb 2, 2006 raid deportation article: FIND THIS CASE TOO. A similar case occurred in January 2005, when eight Bangladeshi men were deported the day their ministry applications were rejected.In the early morning of Jan. 21, 2005, they were told at Tokyo's immigration detention facility that their applications had been rejected. Within the hour, they were handcuffed, packed into two buses, driven to Narita Airport and put on a flight to Bangladesh, their lawyers said. Six of them plan to file damages suits with the Tokyo District Court this month, asking for 3 million yen each for violation of their right to trial, and unnecessary physical restraint during the deportation process.The six had wanted to file administrative litigation before their deportation, their lawyers say, but had no time because of what they call the "cruel" and "sneaky" move.

Articles

Rapid-deportation policy draws flak; Asahi Shimbun; February 02, 2006. According to a new immigration policy, two Kurdish teenagers turned down for refugee status were deported the same day, without a chance for appeal.
Yamila Castellanos: “I know that I will recover my daughter.”; Cosas.com; April 15, 2005. (original Spanish) Recounts Yamila's story including details before the abductions. Tells that she had to leave Japan because she was denied a visa, even though she was participating in a legal battle in court. (cached copy)
Gaijin dad deported to Pakistan ahead of trial date; United for a Multicultural Japan; Date : June 4, 2001. A Press Release decrying the sudden and secret deportation of Ken Massey, who as a result, will not be able to proceed with his lawsuit against Japan Immigration for his detention, which was scheduled for a hearing in about six weeks.
Father's plight raises immigration policy questions; Japan Times; March 17, 2001. Discusses detention of Ken Massey, a 17 year law abiding citizen of Japan with two Japanese children and the law suit he is planning against Japan Immigration. (cached copy)

Foreigners' constitutional right to trial is violated by visa denial or deportation

Discrimination against awarding visas while involved in a Family Court or related legal dispute

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Documented Cases

Articles