Most United States courts grant the father child custody in a divorce case involving an American husband and a Japanese wife. However, as many Japanese mothers cannot accept this decision, they often return to Japan permanently and illegally bring their children to Japan. The mothers are willing to violate US laws for the sake of, “Why not! It is only natural that a child be raised by ones mother.”
In light of a case occurring in September of 2009, a father pursued his children to Japan and attempted to take them back to The United States. However, he was caught and charged with a felony although; the father had been granted sole custody in the state of Tennessee. Thus, the US media was outraged of his detainment, contrary to the Japanese press disdaining his paternal plight.
In Japan child custody for children up to the age of junior high school, is given to the mother with visitation rights to the father. These visitation rights are granted after a thorough interview by the courts and affirmation that child support has been paid, roughly 40,000 yen to 50,000 yen monthly. When such regulations are met, the father may see the child two to three times a year and only during the day.
The Family Court’s decision to grant custody to the mother originates from Japanese social culture that it is unheard of that a man would raise elementary school children.
This precedent is firm and unlikely to change in the near future.
However, by The Habeas Corpus Act, once the case comes to court, the father’s attorney can argue to win custody, only if the defense attorney swiftly files prior to the courts granting the mother custody in Japan. Therefore, the father is able to return to The United States with his children.
The Habeas Corpus Act was modeled from England’s Habeas Corpus Act of 1679. Although, Japan is a nation of Roman law, we also practice Common Law equivalent to that of The United States and England, depending on what is the most beneficial for both domestic and cross boarder cases. This diversity of Japanese law is advantages in that by using the Habeas Corpus Act to be heard in court, the courts almost always give custody to the father, but only if he had been given sole custody, as joint custody is not recognized in Japan. Most of all, he must prove that he can give the child a better home life.