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© KYODOJapan enacts law on court jurisdiction for int'l divorces
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© KYODO
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Disillusioned
No mention of joint custody of children, child support or property settlements.
Kaishu
Disillusioned
And there will probably never be. Us gaijin have no legal standing when it comes to joint custody.
Aly Rustom
Which even most 3rd world countries have...
We have no legal standing when it comes to ANYTHING.
speed3
The lack of joint custody applies to everyone, both Japanese and non-Japanese. The law doesn't explicitly prohibit joint custody. But it provides something like, "One parent shall be awarded custody of minor children." By not providing joint custody as an option, the law implicitly makes sole custody the only option, which is sad and backwards and should be changed.
This amendment deals only with jurisdiction (i.e., where you can go to court to get a divorce). It doesn't (and was not meant to) deal with substantive legal issues. At any rate, Japanese divorce law covers both child support and property division. In my experience, the way Japanese divorce law deals with child support and property division isn't terribly different from the US. The main difference is in enforcement. Back home in my home jurisdiction, the state can suspend my law license and driver's license if I fail to pay child support. The police can (and do) use force to enter my home if I refuse to follow the court's child custody/visitation orders. That does not happen in Japan.
zones2surf
Right. So basically no change from today.
So, in this case, the Japanese court recognizes the Japanese citizen and the foreign national has no standing.
Which means the foreign national gets screwed.
Goodlucktoyou
My gaijin friend was deported because no visa due to separation. The divorce procedure required her to go to court. She was deported so couldn’t attend. Lost a lot of money. Judges rule in favor of Japanese.
TigersTokyoDome
Wow that's rough. One thing that upsets me here is the Japanese culture/ law of one parent getting the children and the other literally not seeing them anymore. I know of more than one mother divorcing, letting the father keep the children, and then starting a new relationship and not seeing her children anymore. In most other countries a mother leaving her children is sacrilege.
presto345
Divorces can be traumatic and messy. Especially when spouses are from different nationalities and divided by borders. Custody of children is usually allowed to the parent who seems most fit to give the best support to the child, meaning the least disruptive. And that takes into consideration of not only the single parent allowed custody but also how long the child has lived in Japan, the presence of supporting grandparents, family, education, etc. There will be cultural differences, but the courts can not be accused of being unfair. Granting custody to parents living thousands miles apart is definitely disruptive to a child. A child is not a ping pong ball.