Both parents have duty to support their children. Between the ages of 10 and 15, the will of the child is supposed to be respected. Sponsored contents planned and edited by JT Media Enterprise Division. As for the issue of your house, there should be no problem provided you are willing to continue paying the mortgage that’s in your name, as you suggest you are prepared to do. A Supreme Court institution has released a revised version of its guidelines for determining the value of child support that are used widely in divorce lawsuits in Japan. If your wife is awarded custody, you will have to pay the mortgage as well as child support, which, depending on your financial situation, could be a challenge. When deciding which parent will be given custody of children, the most important factor is supposed to be the welfare of the children. Dave Prowse, actor who played Darth Vader, dies at 85. When the parents could not reach agreement in the mediation, trial will be started automatically. In the trial, the judge will decide about the child support, considering all circumstances. At the conciliation, the petitioner and the other party will discuss with the conciliation committee, and the committee will give suggestion and advices to let the parents reach an agreement. If parents cannot reach agreement about the amount of child support, the parent who has the custody of their children can go to the family court to file a petition for conciliation (“Chotei” in Japanese) to demand child support from the other parent. The Ministry of Foreign Affairs tells the Embassy that this a… Sorry, but your browser needs Javascript to use this site. Major media outlets in the United States and other countries have brought attention to a number of recent cases of children being unilaterally removed by a Japanese parent from the United States before or after divorce, often in violation of American law and court orders. Our relationship has broken down to a level where communication mostly consists of fights. A court is likely to decide that your three children should live together with one parent, unless they are already living separately or don’t have a particularly strong relationship with each other. Send your questions and other comments to lifelines@japantimes.co.jp. Reader “A” wrote in to Lifelines recently on the all-too-familiar subject of divorce, along with a related question about mortgages: I am a 46-year-old male foreigner who has been married to a Japanese for 13 years. If you're not sure how to activate it, please refer to this site. However, committing adultery is not considered an important factor in deciding which parent is better equipped to care for a child. To bring up a child properly, a stable life environment is considered vital. Joint Custody is also not legal in Japan outside of marriage . Your lender won’t be concerned about the prospect of divorce between you and your wife unless you want to change the name on the mortgage to your wife’s. All attorneys (lawyers) can speak English. ... to think about child support. Japan's laws to secure either child support or child visitation are weak or unenforceable. In Japan since 2003 there have been two ways to calculate child support. Do I have to comply? If the child in a case is less than 10 years old, the probability that a mother wins custody is over 80 percent. If you have trouble regarding child support, it is suggestible to see an attorney (Bengoshi lawyer) for consultation. Even when the parents divorce, both parents are obliged to share the expense of bringing up their children (Child Support, “Yoikuhi” in Japanese). Yohei Oda 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 legal queries received by Lifelines. If a U.S. citizen parent is concerned that a current or former Japanese spouse may surreptitiously file a notification of divorce or declaration naming themselves as the sole custodian of the children, the U.S. citizen parent can file a Petition for Non-Acceptance of Notification of Divorce (rikon fujuri moshidesho) at the municipal office where the Japanese parent resides and/or where the Japanese parent’s permanent address (honsekichi) is located. Article 820 of the Civil Code says that the custodian has the right and obligation to care for and educate the child for the benefit of that child. Even when the parents divorce, both parents are obliged to share the expense of bringing up their children (Child Support, “Yoikuhi” in Japanese). For this reason, I am thinking about divorce, but we have three kids (8, 10 and 12 years old). Attorney (Bengoshi) is the only license which can support the legal procedure about child support in Japan. I have another 30 years to go on my mortgage. Of course, if you and your wife come to a financial agreement that suits the both of you, that would be ideal. Parents who are part of a Japanese divorce have little legal recourse to appeal decisions. The Japan Times LTD. All rights reserved. The first way is through the use of certain charts created by the “Tokyo and Osaka Child Support Research Group” which determine child support obligations based upon the income levels of the parents and the age(s) of the children. Weighing up the factors that count toward a stable life environment, the judge will consider not only material and economic circumstances but also mental and physical ones. In A’s case, as two of his children are already 10 and 12, their opinion will be respected when it comes to deciding who will get custody, but other factors will also be considered, such as the ability of each parent to care for the child, their daily life environment, whether they can call on help from relatives, the emotional attachment between parent and child, parents’ health and economic condition, affection for the children, etc. If we bring a divorce case to the court, how is child custody decided? The United States and Japan are both participating in the negotiation of a new multilateral Hague convention on the enforcement of child support obligations. Every day just feels like unending struggle. But at some point, you will have to think about child support. Courts generally think that “skinship” — physical intimacy — with the mother is important for the child’s growth until the age of 10. I purchased a house about five years ago here in Japan using a bank loan. In cases where one of the parents has committed adultery, the other parent may claim that this means they are unqualified to care for a child. Related pages – Divorce in Japan – Divorce procedure in Japan (Rikon), Information for worldwide lawyers looking for a lawyer in Japan, Troubles regarding trading with a company in Japan. The house is in my name. I want a divorce in Japan, but what about child custody and my mortgage? My bank wants my residence card details to fight terrorism. In the case of international divorce (one spouse is a Japanese national and the other spouse is a non-Japanese national) in Japan, the issues such as whether it is possible to divorce, property distribution, monetary compensation (damages for mental suffering, solatium or consolation money), child support to bring it up, parent-child visitation and contacts etc. Creating Business Agreements (Contracts) in Japan, Enforcement of Foreign Judgement in Japan, November 3rd | Culture Day | National Holiday in Japan, Support for real estate (property) transactions in Japan, September 21st and 22nd, 2020 | National Holiday in Japan. Law firm in Kawasaki city next to Tokyo and Yokohama. If my wife gets custody of the children, would it be possible that the house stays in my name and I continue paying the monthly mortgage while my wife and children live there until my children become adults? The family court is likely to take your mortgage commitment into account when deciding the level of child support you should pay, but although it may mean you pay a reduced rate, it certainly won’t “cancel out” the obligation to pay child support completely.