Yet my story is just one of many. When the parents could not reach agreement in the mediation, trial will be started automatically. All attorneys (lawyers) can speak English. After divorce, the parent without custody must pay child support to the parent who has the children. However, committing adultery is not considered an important factor in deciding which parent is better equipped to care for a child. Law firm in Kawasaki city next to Tokyo and Yokohama. 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. I have another 30 years to go on my mortgage. The United States and Japan are both participating in the negotiation of a new multilateral Hague convention on the enforcement of child support obligations. Sumikawa Law Office (Lawyer in Japan, English available). 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 Ministry of Foreign Affairs tells the Embassy that this a… Each year, around 150,000 children in Japan lose access to one of their parents after a divorce. 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. 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. In Japan since 2003 there have been two ways to calculate child support. Japan has developed a growing reputation as a haven for international parental child abduction. When deciding which parent will be given custody of children, the most important factor is supposed to be the welfare of the children. 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. The house is in my name. 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. Brothers and sisters have a strong mental connection with each other, and separating them can have a detrimental effect on their mental health. For this reason, I am thinking about divorce, but we have three kids (8, 10 and 12 years old). 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. 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. How does child custody after divorce work in Japan? Both parents have duty to support their children. Japan's laws to secure either child support or child visitation are weak or unenforceable. My bank wants my residence card details to fight terrorism. Attorney (Bengoshi) is the only license which can support the legal procedure about child support in Japan. The will of the child is given paramount importance in cases where the child has turned 15. I purchased a house about five years ago here in Japan using a bank loan. Send your questions and other comments to email@example.com. In A’s case there are several children involved. While we welcome Japan's involvement in this negotiation, we were disappointed to learn that Japan does not expect to become a party to the new convention in the foreseeable future. Our relationship has broken down to a level where communication mostly consists of fights. In general, it is believed that siblings should live under the same roof with the same parent. The Japan Times LTD. All rights reserved. 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. If we bring a divorce case to the court, how is child custody decided? 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. 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. 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. 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. Even when the parents divorce, both parents are obliged to share the expense of bringing up their children (Child Support, “Yoikuhi” in Japanese). 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