Legal Question in Family Law in Japan

Divorced American parent moving to Japan-how does that affect child cutody and v

What are the custodial, visitation, and child support effects on minor children if a divorced American parent with shared custody moves out of the U.S.A. to Japan?

My former American spouse is moving from the U.S.A. to Japan and would like six-week visitations in Japan twice a year with our minor American children. However, because Japan is not a signator to the Hague Convention on the Civil Aspects of International Child Abduction, could my children could be kept against their will with my former spouse in Japan? When a parent in a shared custody agreement voluntarily moves out of the U.S., does that nullify the existing child custody and child support agreements in the U.S. divorce decree? How can I insure the children will not be kept in Japan against their will through some legal means? Neither my children nor I wish to be separated. How can I legally have the visitations occur in the U.S.? We currently have a shared custody agreement and I am the custodial parent of the minor children. Also, what are the chances of still receiving child support payments? I assume the chances are slim to internationally execute the income of an American citizen who moves and works in Japan. This is a time-sensitive issue.


Asked on 1/04/01, 1:35 pm

1 Answer from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Divorced American parent moving to Japan-how does that affect child cutody a

Given the changed circumstances, either party can go back to court to seek a modification of the divorce agreement, in the best interests of the child. If Japan is not a signator to the Hague

Convention, then your concerns are quite reasonable. FYI, India is also not a signator, nor is Israel.

Suggest you consult with the attorney who represented you in the divorce case, ASAP. Consider seeking a TRO to restrain the removal of the child.

You may also wish to ask the Court to direct your ex-spouse to temporarily surrender his passport [and the chid's passport] until this situation is resolved.

Hope this helps.

www.BravermanLawFirm.com

Read more
Answered on 1/07/01, 9:21 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Japan