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.
1 Answer from Attorneys
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.
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