A non-custodial parent may not be able to get a visa to stay and work in Japan to maintain a relationship with their child

For the majority of parents, the only practical way to maintain personal relations and direct contact with a child living in Japan,  is to also  live and work in Japan. Thus this demands relaxed immigration requirements for non-custodial parents of Japanese children.

Additionally, a parent living overseas may be denied a visa simply to enter the Japan to see his child or to attend court proceedings in relation to his or her child.

Solutions We Want To See

• Amend immigration laws so that a foreign parent of a Japanese child can qualify for a residency visa, either long term or permanent residency, without the letter of guarantee currently required for the granting of such visas.  This should apply towards a spouse visa, a non-custodial parent of a Japanese child visa, or permanent residency for any parent of a Japanese child.
• Amend immigration laws so that a non-married or non-custodial foreign parent of a Japanese child qualifies for a long-term residency visa permitting employment. In particular, sustaining the non-Japanese parent and living in the same country as his or her Japanese child should be an acceptable reason to grant a long term residency visa, even if that parent is not the custodial parent.
• Amend immigration laws so that a non-married or non-custodial foreign parent of a Japanese child qualifies for permanent residency under the same accelerated time frame and favorable conditions as the spouse of a Japanese citizen.
• Barring documented national security concerns, immigration regulations should explicitly permit a non-custodial parent to enter Japan to get a visa to attend court proceedings regarding his or her child.
• Barring documented national security concerns, immigration regulations should explicitly permit a non-custodial parent to enter Japan to get a visa to visit his or her child several times per year.

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.

• After moving to Omuta-shi in Fukuoka-ken so that his wife could be get support from her parents when the baby was born, the relationship ended in divorce.  The wife subsequently denied all contact between daughter Amy and her father.

• <<Add CJFF cases>>

Articles

• International Marriages in Japan: Part Two – Impact of 17 October 2002 Supreme Court decision on International Marriages; J. Sean Curtin (Professor, Japanese Red Cross University);  October 28, 2002. The Supreme Court issued its first decision on the visa status of a non-Japanese spouse married to a Japanese citizen.  Over ruling the Osaka High Court, the Supreme Court said that a marriage must be viable and ongoing, and if the Japanese spouse commits a misdeed, such as infidelity to break up the marriage, the foreign spouse may legally be deprived of his or her spouse visa.  (cached copy)
  • Thai in immigration row won't return for mom's funeral; Asian Political News; January 4, 1999.  Osaka High Court allows Peancai Midchid to stay in Japan after husband's affair causes them to live apart and Immigration to reject her application for a spouse visa.  This was later overturned by Supreme Court.  (cached copy)
• See this petition that will soon be put out to support legal changes to prevent spouse and child abuse.  It has a concise explanation of the connections.
  • http://www.crnjapan.com/japan_law/en/cjff_visa_petition.html
  • http://www.crnjapan.com/japan_law/en/cjff_visa_petition_primer.html

• 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)

• Getting custody of kids after divorce; Japan Today; October 11, 2004.  A letter by Terrie Lloyd about the problems of not being able to see your children in Japan and international divorce. Mentions that this may be accompanied by the parent losing their visa and the problem of forging applications for Divorce by Mutual Consent.  (cached copy)

• When Children Get Caught Up In Separation; Eye-Ai, Eye On Society; June 4, 2004.  This article was partially based on interviews with Mark Smith, and so contains information on a variety of issues including lack of visitation, not signing the Hague Convention on International Parental Abduction, need for a Parent of Japanese Child visa, and Yamila's case.  Includes some Ministry of Health Labor and Welfare statistics on international divorces and children born out of wedlock.

• 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)

• Lost In A Loophole: Foreigners Who Are on the Losing End of a Custody Battle in Japan Don't Have Much Recourse; Los Angeles Times, September 19, 1996.  Stories of Walter Benda, David Brian Thomas, Dale Martin and Charles Talley.   Describes how lack of a "parent of Japanese child" visa gives an abducting spouse power, how a hanko can be used for fogery, and quotes a Japanese Foreign Ministry official on why Japan does not need to sign the Hague Convention on International Parental Abduction.