SOURCE: http://www.hcch.net/index_en.php?act=conventions.authprint&cid=17

Japan – Central Authority & practical information

Central Authority(ies):

Ministry of Foreign Affairs

Contact details:

Address: Ministry of Foreign Affairs
2-2-1 Kasumigaseki Chiyoda-ku
TOKYO
100-8919 Japan
Telephone: +81 3 5501 8152
Fax: +81 3 5501 8148
E-mail: –
General website: http://www.mofa.go.jp/
Contact point: Consular Policy Division
Languages spoken by staff: Japanese (by telephone)
Japanese and English (by fax)

Practical Information:
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2003 and/or 2008 Service Convention Questionnaires)

Forwarding authorities
(Art. 3(1)): the judges
Methods of service
(Art. 5(1)(2)):
Formal Service (Art. 5 (1)(a))
The Minister for Foreign Affairs refers the document to the competent court of justice. Service is then effected either by post (special postal service, Article 49 of the Mail Act; a report of service is drawn up by the postman) or through a marshal.

Informal delivery (Art. 5(2))
The Minister for Foreign Affairs refers the documents sent to it to the competent court clerk. The court clerk informs the addressee of the documents to be served and the addressee then either presents himself / herself to the court or requests that they be forwarded to him / her. In the latter case special postal service will be effected (Article 49 of the Mail Act; the postman will draw up a report of the delivery).When the person to be served refuses to accept the documents, or fails to appear or to apply for forwarding the documents to him / her within three weeks of the date on which he/she was informed, the documents will be returned to the applicant.

Service by a particular method (Art. 5(1)(b))
When it is so requested, a marshal will effect service by delivering the document directly to the person after ascertaining that he / she is the addressee.

Translation requirements
(Art. 5(3)):
Full translation is required for any document to be served under Article 5(1)(a)(b). We serve the translation to the addressee together with the original.

Japan has not concluded any agreements under Article 20(b).

Costs relating to execution of the request for service
(Art. 12):
In principle, the applicant incurs no charges because the National Treasury bears costs of service. However, in the case of service by a marshal, a fee is charged and should be reimbursed. To that end, the court which effected the service sends a bill of the costs to be reimbursed to the applicant together with the certificate referred to in Article 6.

When executed by a marshal, the amount to be paid for the performance of service is 1,800 yen (service in working hours on weekdays) or 4,200 yen (service in night times, weekends or holidays) plus the marshal’s travel expenses, which is 37 yen per kilometer from the competent district court to which he / she belongs.

Time for execution of request: About four months
Oppositions and declarations
(Art. 21(2)): Click here to read all the declarations made by Japan under the Service Convention.
Art. 8(2): No opposition
Art. 10(a):
No opposition

“Japan has not declared that it objects to the sending of judicial documents, by postal channels, directly to addressees in Japan. As the representative of Japan made clear at the Special Commission of April 1989 on the practical operation of the Service and Evidence Conventions, Japan does not consider that the use of postal channels for sending judicial documents to persons in Japan constitutes an infringement of its sovereign power.”

“Nevertheless, as the representative also indicated, the absence of a formal objection does not imply that the sending of judicial documents by postal channels to addressees in Japan is always considered valid service in Japan. In fact, sending documents by such a method would not be deemed valid service in Japan in circumstances where the rights of the addressee were not respected.”

(See Conclusion and Recommendation No 57 of the 2003 Special Commission.)

Art. 10(b): Opposition
Art. 10(c): Opposition
Art. 15(2): Declaration of applicability
Art. 16(3): No declaration of applicability

Derogatory channels (bilateral or multilateral agreements or internal law permitting other transmission channels)
(Arts. 11, 19, 24 and 25)

Disclaimer:
Information may not be complete or fully updated – please contact the relevant authorities to verify this information.

Consular Convention between Japan and the United States of America

Consular Convention between Japan and the United Kingdom of Great Britain and Northern Ireland

Agreements or arrangements concerning judicial assistance between Japan and; Swiss Confederation, Kingdom of Denmark, Republic of Italy, Democratic Socialist Republic of Sri Lanka, Federative Republic of Brazil, Kingdom of Thailand, Federal Republic of Germany, United Kingdom of Great Britain and Northern Ireland, Syrian Arab Republic, Kingdom of Norway, Australia, Islamic Republic of Iran, Republic of Austria, State of Kuwait, Republic of Iraq, State of Israel

Useful links:

(This page was last updated on 15 May 2009)

Japan – Competent Authority (Art. 6)
The District Court which has rendered judicial aid with respect to the service is designated as the authority competent to complete the certificate in the form of the model annexed to the Convention, pursuant to the first paragraph of Article 6.

Japan – Competent Authority (Art. 9)
Ministry of Foreign Affairs
2-2-1 Kasumigaseki Chiyoda-ku
Tokyo
100-8919 Japan
tel.: +81-3-3580.3311

The following has kindly been translated for Children’s Rights Council of Japan by a U.S. licensed attorney who is a native speaker of Japanese. It is a translation of the Japanese Central Authority’s Application for Visitation Procedures section and is for those parents who are residing in the United States seeking Visitation Rights for Children located in Japan.

LBPs Requesting Visitation
(With respect to the Hague Convention Central Authority)

1. Before Applying – Grounds for Dismissal
Those who request Visitation can apply for “Assistance for Visitation or Contacts with a Child in Japan” through the Central Authority. However, if any of the Grounds for Dismissals below apply (under Act for Implementation of the Convention on the Civil Aspects of International Child Abduction Article 18 (1)), your Application for Assistance will be dismissed. Therefore, Applicants must verify whether their Application fall under any of the following categories:

① The child is over 16 years old;
② It is known that the child is not present in Japan, and the country of the child’s presence is unknown;
③ It is known that the child is present in a Hague Non-Member country;
④ It is known that the child’s location and the Applicant’s (LBP’s) residence or habitual residence is within the same Hague Member country;
⑤ It is known that the Applicant’s residence or habitual residence in within Japan AND it is known that the LBP does not have a resident or a habitual resident in any other Hague Member country;
⑥ It was known that immediately prior to separation from the child, the child’s habitual residence was within a Hague Non-Member country; and
⑦ It is known that under the laws of the country, state or local area of the habitual residence of the child, immediately prior to the
separation of the child, the Applicant was prevented from visiting or meeting the child.

2. Brief Summary of Procedures
The following system is for Applicant’s whom are not able to see their children despite the fact that they have received Visitation Rights
accordingly to the laws of the original habitual residential country.

Hague chart

3. How to Submit an Application
As shown above, an Applicant may submit an Application to the Japanese Central Authority.

If the Applicant is submitting an application to Japanese Central requesting Support in Visitation or Other Contacts with the Child, Applicant must fill in and submit the Designated Application Form along with the Necessary Documents.
※ LBPs who are seeking Visitation Rights through Japanese Courts may also directly Petition to the Tokyo/Osaka Family Courts. For more information on how to petition, please directly contact a Japanese Attorney or the Tokyo/Osaka Family Courts (in the original document it advises the Applicant to contact any Japanese Family Court. However, under the page for “Request for Assistance in Return of a Child,” it only designates the Tokyo/Osaka Family Courts as a contact.) However, please note that the Japanese Family Courts only accept communications in Japanese.

4. Procedural Steps to be Taken by the Central Authority Upon Receipt of the Application
(1) Discovering the Child’s Whereabouts
In cases where the child’s caretaker is residing is unknown, the Central Authority, through assistance of the Japanese Administrative Agencies and/or the Local Public Agencies shall investigate the child and the caretaker’s whereabouts.
(2) Decision to Support
After reviewing the Application under the terms of the “Act for Implementation of the Convention on the Civil Aspects of International Child Abduction (http://www.japaneselawtranslation.go.jp/law/detail_main?re=02&vm=04&id=2159), the Central Authority shall make a decision on whether or not to Assist the Applicant through either one of the following actions and notify the Applicant of the action.
(i) Decision to Assist;
(ii) Dismiss the Application; or
(iii) If the child is found to be residing in another Hague Member Country, the Central Authority shall forward the Copies of the Application along with the Accompanying Documents to that Country.
(3) Clerical Duties of the Central Authority upon Decision to Support the Application
If under the Hague Convention it is desirable to resolve the problem directly between the Taking Parent (TP), and the
Applicant, and the TP and would prefer mediation, the Central Office shall assist with Communications between the
Applicant and the person interfering the Contacts with the child, and refer the Applicant and the TP to other ADR
Agencies or Legal Professionals Referral Programs.

5. Family Court Procedures Regarding Child Visitation
Applicants who are requesting Visitation with a child residing in Japan through the Central Authority may separately Petition to the Japanese Family Courts for (Domestic) Litigation or Mediation.
Procedures for Visitation through the Japanese Family Courts basically shall be based on Domestic Laws of the Japanese Family Courts under normal procedures, unless the issue is to be handled specially for Jurisdictional Issues or Access to Court Records.
For further information on Family Court Procedures see: http://www.mofa.go.jp/mofaj/fp/hr_ha/page22_000873.html
(I shall be able to translate this section soon).

6. Support for Visitation (Introducing Parents to Parenting Coordinating Visitation Agencies in Japan)
By referring the involved parties to Parenting Coordinating Visitation Agencies in Japan, the Japanese Central Authority shall assist the involved parties with the (visitation) Orders decided upon Amicable Negotiations, Settlements, Mediation and Litigation.

“From the Shadows”:

A documentary Film about International Child Abduction

Awarded honorable mention for documentary film, Philadelphia Film Festival 2012

http://www.fromtheshadowsmovie.com/

Learn more about this heartbreaking issue, and how to date no child has been returned to his/her country of habitual residence as a result of any action taken by the government of Japan. The Foreign Nurses Association of Japan presents the film as a public service.

Date: February 22 (Saturday)

Time: 2 PM-5 PM

Venue: Tokyo Women’s Plaza

Cost: ¥500 donation

Q&A session with director David Hearn will follow the film.

This event is open to the public–please invite friends and colleagues. For more information, please contact Ann Endo, endofam@gol.com. Reservations appreciated for planning purposes, but not required.