Cases arising under the Hague Convention on International Child Abduction are supposed to move quickly from application to judgment. This expedited process is intended to return the child to his or her “home” jurisdiction as quickly as possible, avoiding the problem of the child adapting to his or her new location and then be forced to re-adapt upon return to his or her original home. To encourage speed in cases brought under the convention, Article 11 states that cases should reach judgment within 6 weeks. If a case lasts longer than 6 weeks, the petitioner has the right to question […]
Although the Hague Convention on International Child Abduction heavily favors the return of the child, there are some exceptions built into the law that allow judges discretion not to return the child under very specific circumstances. The most commonly used exception is when there is a grave risk that returning the child would result in physical or psychological harm or otherwise place the child in an intolerable situation. Different courts have interpreted this standard in varying ways, but generally this “grave risk” standard is defined very strictly and only the most severe cases will result in the child not being […]
The Japanese Family Court encourages mutual agreement between parents of a child in terms of the payment of child support. However, the court is also vested with the power to make child support orders in situations where the parents cannot agree. The amount of child support will be determined by a formula based upon the needs of the custodial parent, the financial assets of the non-custodial parent and any other related circumstances. Since child custody in Japan is always granted as sole custody to one parent, the calculation does not need to consider balancing the burden of child care between […]
There is no space on a divorce by agreement application to assign visitation rights. Instead, upon filing for divorce, a mother and father may sign a notarized agreement that lays out a visitation schedule. However, the enforcement of such an agreement can be difficult as police are reluctance to get involved and there is often not much incentive for either party to refrain from breaking the agreement.