Preventing Child Rights Related Problems In Japan

See also: forged signatures on Divorce By Mutual Consent applications, form to prevent a divorce.

There are two aspects of prevention.   First, you may have just married a Japanese citizen, or perhaps you have just had a child with one.  Congratulations.  It is difficult to think about disaster at such a happy time of your life.  But like health insurance, it is a good idea to prepare.  You may want to start by reading our essay, So you are thinking of marrying a Japanese.... to see if your potential mate fits into any Japan-specific pre-marriage warning categories.

Second, perhaps you are already married and have a child, but things are not going well. You fear a separation or divorce.  Or you are already in court in the middle of a divorce, custody, visitation or relocation case.  You suspect that the Japanese parent will run away with your children.  These are especially dangerous situations when the Japanese parent is not working and is able to spend most of the day alone with your child.  If you are living in Japan, this is even more dangerous.

Critically important, you will also want to read about the Family Registry or Koseki, as it is a key component in protecting a child's and parental rights in Japan.  Some non-Japanese married to a Japanese citizen never register  their marriage in Japan and don't know what a koseki is. If the Japanese partner were to run back to Japan, it could be nearly impossible to trace them or to prove your relationship to the children.  Even more impossible than if you had prepared.  Even if you have been blissfully happy with your Japanese spouse all your life, should that spouse pass away, you may be surprised at the power that the Japanese courts give to grandparents.  One set of grandparents even abducted the children to Japan after the death of the daughter overseas.

Essays

• So you are thinking of marrying a Japanese.... A compilation of risk factors to consider before deciding on a potential Japanese spouse.
• Preventing Child Abduction Via Commercial Airlines
• Prepare to have police called if you try to see your child
• Avoiding Legal Problems in Japan
• Educating Judges Outside Japan and Identifying Risk Factors for Parental Abduction
• Complicity in International Parental Abduction by Japanese Embassies and Consulates - A Description and Hints on Attempting Prevention (TBW)
• A list of scary information to send/fax to an abducting parent about what can happen to them legally.  (TBD)
• I am getting a divorce outside Japan.  How can I convince the court to issue a restraining order stopping the Japanese parent from bringing our child back to Japan?
• How to notify airlines about court orders against travel with your children.  (TBW)
• Teaching your child to identify that s/he is being abducted and what to do. (TBW)
• Deporting a Japanese spouse
• You Just Married to a Japanese Citizen - Take Out Insurance Against The Unthinkable
• You Just Had a Child With a Japanese Citizen - We will write more specifically about this later, but for now, make sure you are on the koseki, and that the child is also registered on the koseki.  If you are outside Japan, not registering the child in Japan is even safer, but likely not a long term solution.  Also see this section for now.  Afraid Your Partner is About To Run Away With Your Child
• Preventing Japanese Parental Abduction when living inside Japan. (TBW)
• Preventing Japanese Parental Abduction when living outside Japan.
• You Are Afraid Your Japanese Spouse Is About To Run Away With Your Child - You are living in Japan and you are afraid that your Japanese partner might run away with your child.  This document contains some steps you should take to help you find them later.  You may want to take the advice of the next section about video and voice recording encounter and phone calls also.
• You Are Afraid Your Japanese Spouse Is About to Divorce You.
• Your Partner is Abusing You, But You Are Worried About Them Taking the Children Away If You Try To Get Help - We will write more specifically about this later, but see this section for now.  Afraid Your Partner is About To Run Away With Your Child.
• Your Partner is Abusing Your Children, But You Are Worried About Them Taking the Children Away If You Try To Get Help - We will write more specifically about this later, but see this section for now. Afraid Your Partner is About To Run Away With Your Child.
• When You Are Afraid Your Japanese Spouse Will Not Sign Your Spouse Visa Guarantor Form
• My spouse has decided to come to the states with my daughter. I would like to know with I can do in order to prevent him/her from leave the U.S with my child, since I have to work during the day. See this essay.

External Resources

• DIVORCE AND CHILD CUSTODY ISSUES IN INTERNATIONAL CASES IN JAPAN (cached copy)