Japan Eyes Effective Handover of Divorced Parents’ Children

June 27, 2018

Tokyo- A Legislative Council subcommittee is considering a measure to ensure the effectiveness of court orders on the handover of children between divorced parents, Justice Minister Yoko Kamikawa said Tuesday.

The subcommittee on the civic execution law may recommend a revision to the law to allow children to be handed over to a parent with custody without the presence of the other parent, according to Kamikawa.

The government aims to introduce an amendment bill this autumn after receiving such a recommendation, informed sources said.

As the law lacks a provision on the compulsory handover of children for divorce and other reasons, the government has set an operational rule that requires the presence of their parents.

In many cases, however, court execution officers have difficulty conducting the handover of such children due to a refusal by parents who lost custody and the absence of such parents on purpose.

Some children suffer emotional pain because of their divorced parents' dispute at the scene of the handover, the sources said.

As for the handover of children after the breakups of international marriages, parents' presence is also required by the law to implement the Hague Convention on the Civil Aspects of International Child Abduction.

A similar revision to the law is being considered, the sources said. Jiji Press