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Conference quokka::non_custodial_parents

Title:	Welcome to the Non-Custodial Parents Conference
Notice:	Please read 1.* before writing anything
Moderator:	MIASYS::HETRICK

Created:	Sun Feb 25 1990
Last Modified:	Fri Jun 06 1997
Last Successful Update:	Fri Jun 06 1997
Number of topics:	420
Total number of notes:	4370

105.0. "HELP: Custody in JAPAN" by MUGSY::PAU (CULTURE) Wed Nov 28 1990 12:08

I am in a tragic situation,and my 5 year old daughter even more so.After an airplane
accident,which left me disabled 4 years ago,I was abandonned by my japanese wife,who took
our 1.5 year old daughter to Japan and abandonned her in a Children's home.
It took 2 years to locate my daughter and ex as they had changed identity;help
by Interpol.European courts gave me custody,first as part of the temporary court order,
and later of the final court order.However Japan does not have agreements
with any other country (except US) for such cases.Legal procedures in Japan
were sabotaged by the ex who never showed up in the japanese court,thus delaying
all action there.In the mean time,my daughter is still in the Children's home,and I saw
her only twice for one hour at the japanese court.

Can anyone,esp. from Japan ,tell me how to get out of this ?I understand custody laws in 
Japan basically do not exist,even less for the father,and even even less for a
foreigner.What specifically does the law allow me to do?I ask because my japanese lawyers are 
of very little support,esp. in terms of what happens in practice.

Why does the Children's home deny me to see her there ? How can I exercise my rights
,at least the japanese ones.

Thanks for your advice and help.

T.R	Title	User	Personal Name	Date	Lines
105.1	this is horrible	LUNER::MACKINNON		`Wed Nov 28 1990 12:42`	11
	Your ex left your daughter at a childrens home!! Doesn't that constitute abandonment? I would try to use this as an angle. I feel for you and especially your daughter. Can't offer you any help, but will say a prayer for your daughter's safe return to you. Michele
105.2		AIMHI::RAUH	Home of The Cruel Spa	`Wed Nov 28 1990 13:19`	7
	But what are the local laws concerning this? This, remember, is another country thats laws are unlike ours...... Good Luck! Godbless! George
105.3	Japan laws	MUGSY::PAU	CULTURE	`Thu Dec 20 1990 12:13`	6
	Thanks folks for your replies-In Japan,a non-japanese father not living and resident of Japan has no rightd Moreover,in Japanese law,custody is not well defined legally.Third,people are afraid of courts because of loosing face there,so they will do everything not to let me defend my daughter in the court.The way is simpl:ex never shows up in japanese court.Any specific action or suggestion is welcome,or hints to similar cases
105.4	What a grim situation!	MRKTNG::GODIN	Whisper words of wisdom--let it be	`Thu Dec 20 1990 13:24`	22
	Talk about an international incident! This surely qualifies. Have you talked to your ambassador in Japan? Could your embassy do anything to help? They would certainly be more knowledgeable about Japanese laws and customs, and might be able to help you find a way to work with the system to your and your child's advantage. They're even more likely to help out if one of their citizens is being held in a disadvantaged position in a "foreign country," but that raises the question of what citizenship your child holds. If a citizen of your country, I would hope that some sort of "extradition" would be possible. (I know extradition isn't the right word, but I hope you get the idea I'm trying to convey -- for your embassy to negotiate the release into its custody of one of its citizens being held in a Japanese institution.) Other than that, and presuming you're telling us the whole story without bias, this sounds like one instance where I'd consider parental kidnapping to be right and proper. Good luck to both of you. Please keep us posted. Karen
105.5	Nationality issues	MUGSY::PAU	CULTURE	`Wed Jan 02 1991 12:27`	14
	Thanks again folks-Yes,nationality is a problem because in Japan the child of a japanese mother is only considered to be japanese (not even bi-national) in Japan.My child does not even bear my family name there,because the japanese family registry cannot record a foreign family name.Consequently,an although I spoke with two Western Ambassadors several times,they say they cannot do much under the provision of help to their own citizen,which she is also,but is not recognized as in Japan.Moreover,japanese law has no provisions for visiting nor "housing" rights at all! There are only provisions for custody,and although she abandonned the child my ex-wife still has it de facto,and I am denied it de facto too,although I have it de jure.Japan has never ratified the UN conventions on children's rights,nor on child kidnapping;they signed but the Par- lament never ratified. I am despaired