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Japan to revise child custody rules to enforce handovers

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A step in the right direction, I suppose.

11 ( +11 / -0 )

The amendments are aimed at helping authorities seize money and properties from parents who fail to meet their court-ordered child support obligations ......

Hopefully this will dispel the ideas that some posters here have stated regarding their belief that parents do not have to pay child-support.

There has always been court ordered child support, however many parents, typically the mothers, made the choice to NOT demand any from the father's.

0 ( +2 / -2 )

Unfortunately, I will have to see it to believe it.  Written laws and the enforcement of said laws tend to be on the opposite ends of the stick.  But here's to hoping...

S

14 ( +14 / -0 )

Finally!

4 ( +4 / -0 )

Good news!

4 ( +4 / -0 )

How about some domestic joint custody and visitation laws as well? I haven't seen my kids for four years because 'she' says I can't see them, despite them living 5k away. I'd probably have a better chance of seeing them if I lived overseas.

18 ( +19 / -1 )

I hope this is what it says it is, especially for parents who have been awarded custody overseas but then had their children abducted to Japan. The victims of this deserve much better than lip service.

8 ( +8 / -0 )

Dis,

I hope you get your wish soon, feel for you man!

10 ( +10 / -0 )

How about some domestic joint custody and visitation laws as well? I haven't seen my kids for four years because 'she' says I can't see them, despite them living 5k away. I'd probably have a better chance of seeing them if I lived overseas.

I hear this story far too often tbh. Many guys in your situation. Why wouldn't you want your kids to see their own mom or dad (unless he/she has a history of abusive behaviour). This is a regulation that Japan really needs to implement.

11 ( +11 / -0 )

It's Japan!, how many times have they made laws that are unenforceable. Sadly I think this will be the same, unenforceable.

10 ( +10 / -0 )

GW - Dis, I hope you get your wish soon, feel for you man!

Thank you for your support. It’s a terrible thing that can be done on a whim of a tyrant. I’ve tried all avenues to get some kind of visitation agreement, I’ve applied to the mediation court four times. The first time she said I had to pay ¥3,500 per hour, per child for visitation and the court supported it. Every other time since then she has just written a letter stating “I fear violence” and that was the end of any negotiations. Japan really needs to sort out joint custody and property settlements in the event of a divorce. The apartment I had bought and been paying for over 10 years instantly became hers, which I don’t really mind because my kids have a nice place to live, but there were no negotiations on this either. After ten years, I got out with two suitcases and a bicycle with no visitation and an ex-wife demanding ¥100,000 per month from me. But, no! I’m not bitter, MUCH! _

15 ( +15 / -0 )

I imagine it will still be tough to enforce this when the Japanese mother is screaming and crying hysterically blocking the door traumatizing the whole neighborhood and of course the child. The Japanese have a deep belief to the marrow that children belong to the mother as they came from her body. This is clear to me although you may not agree with it.

11 ( +11 / -0 )

The first time she said I had to pay ¥3,500 per hour, per child for visitation and the court supported it.

Okay, call me ignorant, but why in the world would you have to pay hourly to see your own kids? This is ridiculous.

ex-wife demanding ¥100,000 per month from me

Normally, your income and everything else needs to be looked at to decide how much is reasonable for you to pay, you'd not want to go broke after paying child support, you have your own life to support.

Your ex demanding 100,000yen, where did that number come from?

Sorry, this just all sounds ridiculous.

5 ( +5 / -0 )

“I fear violence”

Right. That there is no imminent danger of any kind, that it's all imagined and fabricated as part of manipulative tactics is immaterial. J-girls are scared of their shadows. I cannot believe how many times I have heard them express the most nonsensical fears. Tell me to "go home if you don't like it" all you want, but there are so many ways that Japan fails. This is a major one.

"I'm scared" is as common as "You use chopsticks very well". Meaningless.

5 ( +6 / -1 )

Good. I'm glad to see they are making moves in this direction.

It's Japan!, how many times have they made laws that are unenforceable. Sadly I think this will be the same, unenforceable.

Did you not read the article? This is the fix for the exact problem you are claiming it to be.

-2 ( +2 / -4 )

The cabinet of Prime Minister Shinzo Abe on Tuesday approved a bill to revise the enforcement of the civil law to enable the handover of a child to a parent who is awarded custody even if the other parent refuses to abide by a court order to transfer guardianship.

Insane that a law like this doesn't already exist.

Currently, the law has no clear stipulation on such handovers, leaving court officials to rely on a clause related to asset seizure to enforce child custody orders. The current system has drawn criticism due to the fact it treats children as property.

Ridiculous

Japan will similarly revise legislation implementing The Hague Convention on the Civil Aspects of International Child Abduction, an international treaty providing a framework allowing the return of a child internationally abducted by a parent.

Very good news.

At present, Japanese legislation requires a parent living with a child to be present in person when the child is handed over to the other parent, the proposed revision will allow a transfer without both parents being there.

Another insane law.

How about some domestic joint custody and visitation laws as well?

100% behind you. I'm so sorry for what has happened to you. Being separated from your children is a terrible thing.

I hear this story far too often tbh. Many guys in your situation. Why wouldn't you want your kids to see their own mom or dad (unless he/she has a history of abusive behaviour). This is a regulation that Japan really needs to implement.

agree

2 ( +3 / -1 )

It's Japan!, how many times have they made laws that are unenforceable. Sadly I think this will be the same, unenforceable.

Again, what Cricky said

5 ( +5 / -0 )

It's Japan!, how many times have they made laws that are unenforceable. Sadly I think this will be the same, unenforceable.

Why is it unenforceable? The authorities may choose not to enforce it, as is common in Japan. But, it's easily enforceable, as laws like this have been enacted and enforced throughout the world for decades.

6 ( +6 / -0 )

Joint custody will never happen in Japan. Japanese father's are too proud to complain and don't want to show weakness or gain sympathy. So until they make a fuss, Gaijin dads have no say. It's a shame.

The reaction of a Gaijin dad who hasn't seen his kids is totally different that a Japanese dad. Everytime I talked to a Japanese guy they just brush it off and say should ga nai but I can tell they are torn up inside. I wish they would be more vocal about it but they hold it in.

9 ( +10 / -1 )

Re read the article twice, and it does not Nore convey penalties or compliance it's just one of those same laws designed to appear a first wold nation while continuing with "cultural" practices. Change is forced in Japan not accepted.

4 ( +5 / -1 )

Japan maintains a system of sole custody and in a large majority of cases when a dispute reaches court mothers are awarded custody after divorce.

They've got a looong way to go. Mothers are awarded sole custody in about 80% of cases according to the Japan Times. But when it comes to Japanese parents winning custody over foreign parents in domestic courts it's probably something like 100%. Maybe there are exceptions but I don't know of any case where a foreign parent has gained sole custody in Japan.

6 ( +6 / -0 )

The current system has drawn criticism due to the fact it treats children as property.

I imagine a lot of oyaji thinking "but they are property... that's why they don't need free will."

3 ( +3 / -0 )

@Disillusioned

I sympathise and agree with what you say re domestic joint custody and visitation. An ex-spouse abducting the kids and refusing all contact thereafter with the ostracised/ left-behind parent is one of the more extreme forms of selfishness, particularly when there's been no history of abuse up to that point. It's also arrogant - who's she (usually, it's she) to judge that she alone is the best parent to raise the children?!

To make matters worse the government encourages and even weaponises child abduction through legislation (or a lack of it) together with virtually non-enforceable court decisions like visitation 'rights' - if it ever gets to that stage. I've been through the same experience so I know how hard it is. I hope your ex has a change of heart and things work out better for you.

7 ( +7 / -0 )

My unfortunate advice to a foreign dad who does not want to lose contact with his kids but is in a bad marriage with a Japanese woman, is to stay married until the kids are older. The legal system during or after divorce will not help you see your kids. Do what you can to stay sane but staying in the marriage is the best of the bad options.

7 ( +7 / -0 )

Why are there no laws on the books that enable or mandate joint custody, as there are in most developed countries?

5 ( +5 / -0 )

Because Japan is NOT a developed country in many ways....unfortunately!

0 ( +0 / -0 )

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