Top court reverses 2016 international child custody decision

National
Top court reverses 2016 international child custody decision
Kyodo

Dec 29, 2017

 

The Supreme Court has ruled in favor of a mother who sought to revoke a January 2016 decision to hand over her children to their U.S.-based father, saying he lacks the capacity to raise them. The original decision was based on an international treaty to help settle international child custody disputes.
The original Osaka High Court ruling also stated that returning to the United States would be beneficial for the children.

 

However, according to the Dec. 21 ruling by the Supreme Court’s First Petty Bench, the father lost their home, and his capacity to raise the children has “worsened to the point that it cannot be overlooked.”
The court said the father “does not have the financial capacity to properly take care” of the children, given his inability to provide a stable residence. This kind of arrangement will “not benefit” the children, according to the court.
Originally, the family lived in the United States until the mother returned July 2014 to Japan with the four children, aged 6 to 11. The two parents disagreed on whether to return to the United States, prompting the father in August 2015 to petition for their return to the U.S.
The original high court ruling was finalized January 2016. But in February the same year, the house in the United States was put up for auction, and the father started living at an acquaintance’s house. Additionally, the children refused to return to the United States.
Japan joined the 1980 Hague Convention on the Civil Aspects of International Child Abduction in April 2014. The Hague treaty sets out rules and procedures for promptly returning children under 16 taken or retained by one parent as a result of a failed marriage to their country of habitual residence, if requested by the other parent.
Before Japan joined the treaty, it had been accused of being a haven for international child abductions.
Domestic legislation relevant to the Hague pact stipulates that a decision can be changed if it is deemed that sticking to the original decision would be unreasonable based on a change in circumstances.
Bearing in mind this provision and a change in the father’s financial capacity to raise the children, the mother petitioned to have the 2016 ruling changed.

 

Source:  “Top court reverses 2016 international child custody decision”, The Japan Times, 29 December 2017

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Happy Christmas 2017

Happy Christmas, son.  Today marks your 7th Christmas in Japan.  Here’s wishing you a very happy day.  I mailed some items (see photographs below) to you on 6 December, the Post Office’s last posting day for Japan.  According to the tracking, the package arrived, a bit on the early side of Christmas, on 12 December.  I will post another message for you around New Year time.  God bless you.

 

Christmas 2017 tracking

14 December 2017

Hello Hugo

It is my 40th birthday today.  I was aged 30 the day that you were born in late 2008.  I have tried to “involve” you in my day today:  the first thing that I did today was to once again visit the spot at Heathrow Airport where I last saw you.  After that I took the train to Paddington from where I walked to the nearby Regent’s Park.  This is one of my favourite places in London and I remember being taken there by my own parents when I was a similar age to you.  I have now come into work for a few hours but plan to leave early to visit the National Portrait Gallery, Westminster Cathedral and the theatre later today.  Below are some photographs that I took of the Park.

 

 

Special Advisor for Children’s Issues to Travel to Japan and the Republic of Korea

Special Advisor for Children’s Issues to Travel to Japan and the Republic of Korea

Media Note

Office of the Spokesperson
Washington, DC
December 1, 2017

The Special Advisor for Children’s Issues, Suzanne Lawrence, will travel to Tokyo and Seoul from December 4-14.

Special Advisor Lawrence will lead the U.S. delegation in a conference focused on the Hague Abduction Convention in Tokyo, which will provide an opportunity to engage with representatives from countries throughout the Asia Pacific region on the critical issue of international parental child abduction. The Special Advisor will also meet with government officials in both Tokyo and Seoul to discuss intercountry adoption and international parental child abduction issues.

The United States is dedicated to supporting intercountry adoption as a viable option for children in need of permanency, and to preventing and resolving international parental child abduction cases.

For more information about the Department of State’s Office of Children’s Issues, visit: www.adoption.state.gov and www.travel.state.gov/childabduction

Source:  “Special Advisor on Children’s Issues to travel to Japan and the Republic of Korea”, US Department of State press release, 1 December 2017


Our Leadership

Suzanne Lawrence
Special Advisor for Children’s Issues
U.S. Department of State
Bureau of Consular Affairs

Ambassador Suzanne Lawrence

Suzanne Lawrence is the Special Advisor for Children’s Issues. Prior to arriving in Washington, she served as the Deputy Chief of Mission at the U.S. Embassy in Athens, Greece. Ms. Lawrence has also served as a Senior Advisor for the Assistant Secretary in the U.S. Department of State’s Bureau of Consular Affairs.

Ms. Lawrence is a career member of the U.S. Senior Foreign Service, class of Minister-Counselor. Previously, she has served as the Director of the Senior Level Division in the Office of Career Development and Assignments in the Bureau of Human Resources, and as Director of the Office of Policy Coordination and Public Affairs for the Bureau of Consular Affairs.

Overseas, Ms. Lawrence was the U.S. Country Consular Coordinator for Australia and Deputy Principal Officer and Consular Section Chief at the U.S. Consulate General in Sydney, Australia. Ms. Lawrence also has served overseas in Jerusalem, Dublin and Caracas.

Domestically, Ms. Lawrence has worked as a desk officer in the Bureau of Western Hemisphere Affairs, as the East Asia and Pacific Division Chief in the Office of Overseas Citizens Services/American Citizens Services and Crisis Management, and as the spokesperson for the Bureau of Consular Affairs.

Suzanne holds a Bachelor of Science in Foreign Service from Georgetown University’s School of Foreign Service. Her graduate studies include a Master’s degree in international management from the American Graduate School of International Management (“Thunderbird”) and a Master’s degree in strategic studies from the National War College at the National Defense University.

Suzanne is married and has a daughter.

Source:  US Department of State (accessed on 11 December 2017)

Japan Times: How do you find a missing spouse in Japan?

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How do you find a missing spouse in Japan?

BY 

CONTRIBUTING WRITER

A reader writes: “I live in Japan with my son. His father left us nine years ago. After a couple of months, he contacted me, though he has never contacted us since then. I have never heard any news from him. I tried also to send a letter to his parents with a picture of my son attached, but I received no reply from them. I’m so desperate to know what happened to him and even whether he is still alive or not.”

There are several ways for the reader to find her husband if she consults with a lawyer. The usual way of tracing someone’s address is to ask a lawyer to obtain their family registry (koseki-tohon) or certificate of residence (juuminhyō) from their local municipal office. Attorneys are allowed to obtain someone’s koseki-tohon or juuminhyō without the permission of that person, as long as it is deemed necessary for a case.

If the reader knows the address of where she and her husband used to live or his parents live, a lawyer can trace her husband’s present address by obtaining his koseki-tohon and juuminhyō. However, it is essential that the reader knows the kanji of her husband’s or husband’s parents’ names in order to obtain those documents. Sometimes, the fact that non-Japanese spouses do not know the kanji of their spouse’s name can stop a case moving forward.

To avoid this kind of situation, non-Japanese spouses are advised to copy the koseki-tohon or take a picture of it when they marry a Japanese national.

Once the lawyer has traced her husband’s address, the lawyer can contact and negotiate with him over the terms of the divorce, presuming that is what she wants. If he does not reply to the lawyer, she can sue him for divorce on the grounds of abandonment. If he is not living in Japan, she can still sue him at Japanese family court for divorce on the same grounds.

However, even if the husband’s address can be traced, it may be that the husband no longer lives in that place and neglected to change his address on his juuminhyō, for whatever reason.

In this kind of case, due to the possibility that he might be missing or has passed away, the wife can seek a different remedy through the courts: She can file a petition called an Adjudication of Disappearance arguing that her husband has been missing for more than seven years. If the petition is granted, her husband would be regarded as being deceased from the point seven years after the last communication with her.

Again, it’s important to stress that although the family registry and certificate of residency come in very useful when you want to trace a Japanese person’s address, a foreign spouse must know the exact kanji of their partner’s name.

Otherwise, the case risks being stuck in limbo.

Seiji Yamaura is an attorney with the Foreign nationals and International Service Section at Tokyo Public Law Office, which handles a wide range of cases involving non-Japanese in the Tokyo area (03-5979-2880; www.t-pblo.jp/fiss) FISS lawyers address readers’ queries once a month. Your questions and other comments: lifelines@japantimes.co.jp

 

Source:  “How do you find a missing spouse in Japan?”, The Japan Times, 3 December 2017