Systematic foreign residency discrimination separates foreign parents from their children

Even in the absence of spousal abuse, family laws in Japan lead to foreign parents losing their visas to stay in Japan.  The Japanese parent uses family law problems (CRC violations) as a way to separate the foreign parent far from their child.  This most often happens to non-Japanese wives. But we also have evidence of this with non-Japanese husbands who have court ordered child visitation, but were denied a work visa.  A non-Japanese needs a visa to enter and stay in Japan to see their child.  The Japanese parent can complain and make it difficult for a non-Japanese citizen to re-enter later to see a child, even if they have court ordered visitation rights.

There appears to be a regulation that makes it easy for a non-Japanese custodial parent to get a long term visa or even permanent residency.  But since non-Japanese are almost never awarded custody when in dispute, this is largely irrelevant.  There is no visa that specifically allows a non-custodial parent to live and work in Japan long term, so that s/he may follow through with court ordered visitation.  (Not having this type of visa can also encourage foreign parents to re-abduct the child out of Japan.)

Solutions We Want To See

• Establish clear legal regulations that prohibit immigration officials from considering whether or not a parent is involved in a family law dispute when evaluating visa applications.
• Establish a visa and residency status allowing a non-custodial parent to live and work in Japan long term until the child reaches majority, at age 20.

Articles

• TBD