Custody of children in Japan is generally limited to sole custody by one parent. After divorce, the child will live with the custodial parent and the custodial parent will unilaterally make all decisions regarding the child’s health, education and religion.
However, the non-custodial parent still maintains the right to visitation with his or her child. Except in extreme cases, this right is unequivocal and guaranteed under Japanese law. Just because the non-custodial parent is no longer considered a legal guardian of the child, it doesn’t mean that he or she has lost all rights to be a part of the child’s life.
Unfortunately, it is not uncommon for the custodial parent in Japan to withhold visitation from the non-custodial parent, especially in circumstances where the non-custodial parent has failed to pay child support. As the legal guardian of the child, the custodial parent is often in a position to easily withhold visitation by means such as not delivering letters to the child, refusing phone or SKYPE calls or even preventing in-person direct contact.
When a custodial parent is refusing access to the child, going to the police is an option. However, the police in Japan are not trained, or expected, to handle disputes over child visitation and it is unlikely that they will be able to easily solve the situation. Involving the police can also strain relations between the parents or cause unneeded stress on the child.
Instead, sometimes it is possible to have an attorney negotiate with the custodial parent to allow visitation. Some custodial parents may not realize that non-custodial parent has a legal right to visitation or they may be under the misconception that visitation is conditional on the timely payment of child support. Having an attorney clearly explain the law surrounding visitation may convince the custodial parent to allow visitation with the child.
However, depending on the circumstances, this may not be enough to change the custodial parent’s behavior. When negotiation does not succeed, it may be necessary to file for mediation at the family court in order to force the custodial parent to allow access to the child. If successful, the court may order the custodial parent to allow visitation and, in extreme cases where the custodial parent repeatedly violates court orders, the court may even order a change of custody.
It should be noted, however, that the court’s power to enforce these visitation orders is limited and voluntarily cooperation from the custodial parent is by far the most effective method of ensuring that visitation can be conducted without problems.