FAQ Archives - Page 82 of 94 - Ohara & Furukawa

February 24, 2016

Is there a way to stop a Hague court from sending a child back to an abusive parent?

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 […]

February 23, 2016

Is it possible to have a court decide child support payments in a divorce?

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 […]

February 23, 2016

Is it possible to create an official court approved visitation schedule for children after a divorce?

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.

February 23, 2016

Is there any easy way to get divorced in Japan amicably and quickly?

Divorce in Japan may be accomplished by agreement between the two parties, filed at a local government office. This process is entirely extra-judicial and therefore there is no need to appear in court. Both parties must agree on distribution of assets and any potential custody arraignments for children. Otherwise the family court will need to get involved to make these decisions.