Япония
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Япония
1. International Family Mediation
Family mediation, in Japan, is legally recognised, commonly implemented and encouraged by the State. In divorce case, conciliation (in-court mediation) is mandatory before the case can be heard by the Family Court. According to the Act on Promotion of Use of Alternative Dispute Resolution (2004), mediation is provided by administrative organs and private institutions.
In disputes regarding international child abduction, international family mediation may be provided by Alternative Dispute Resolution (ADR) Institutions commissioned by the Ministry of Foreign Affairs as the Central Authority of Japan or offered by private professionals. If the decision of assistance has been provided by the Japanese Central Authority, the parties do not have to pay application and/or award fees for a certain number of sessions.
Tokyo Family Court and Osaka Family Court also handle conciliation (mediation) for disputes regarding international child abduction (websites in Japanese). No fee is required if return application under the Hague Convention is filed.
2. International Legal Framework
1) Japan is a Party to the 1980 Hague Convention.
The 1980 Hague Convention: a multilateral treaty which provides procedural guidelines on the return of children and their protection in cases of international parental child abduction.
Contact the Central Authority established in Japan for cases of child abduction (operational languages: English and Japanese). The Ministry of Foreign Affairs displays comprehensive practical information related to the implementation of the Convention on the Civil Aspects of International Child Abduction.
2) Japan is not a Party to the 1996 Hague Convention.
The 1996 Hague Convention: a multilateral treaty which determines jurisdiction, applicable law, co-operation in respect of parental responsibility and access rights, as well as civil and public measures for the protection or care of children.
You can determine whether countries relevant to your case are Parties, or not, to the 1980 Hague Convention on International Child Abduction and/or the 1996 Hague Convention on Child Protection in order to locate the appropriate central authority. As for the 1980 Hague Convention, you can check whether the Convention is in force between two specific States in the Spreadsheet showing acceptances of accessions to the Child Abduction Convention.
3. Legal and Psycho-Social Expertise and Support
International Social Service Japan (ISSJ) is a non-profit organisation that helps individuals, children and families confronted with cross-border social welfare issues. ISSJ provides psycho-social support and counselling to families in cases related to inter-country adoption, searching of origins, family reunification, marriage, divorce and separation, child abduction, contact and access rights. You can contact them directly here.
Japan Federation of Bar Associations (JFBA) provides the lawyer referral service for return of a child or access to a child to people who need the assistance of a lawyer in court proceedings or alternative dispute resolution (ADR) proceedings. The lawyer referral service is free of charge (legal fees are charged separately).
The Japan Legal Support Center (JLSC) was established as the central organisation providing legal assistance to Japanese citizens and foreign nationals who are residents in Japan for ordinary cases. For the 1980 Hague Convention cases, foreign residents may also get the assistance. Civil Legal Aid is provided to people having financial difficulties.
Home-Start Japan is a non-profit organisation providing home-visiting and practical assistance to young families experiencing difficulties. Its volunteers offer free-of-charge and confidential support to parents. You can find their office in your region here (page in Japanese).
4. Child Welfare Services
The Equal Employment, Children and Families Bureau of the Ministry of Health, Labour and Welfare promotes the development of an environment that helps ensure the healthy development of children, and that people can raise their children with a sense of security through community childcare support, child abuse prevention measures, and enhancement of social childcare. You can contact the Ministry here:
1-2-2 Kasumigaseki Chiyoda-ku
100-8916 Tokyo, Japan
Telephone: 03-5253-1111
Email: www-admin(at)mhlw.go.jp
Under the aegis of the Headquarters for Promotion of Child Abuse Prevention within the Ministry of Health, Labour and Welfare, Child guidance centers at local governments accept any type of consultation relevant to a child aged under 18, from anyone including the child, family, school teachers and local residents. Child welfare officer, child psychotherapist and medical doctor are in charge of specialized counselling and other services.
Japan Network for Prevention of Child Abuse and Neglect based on the Orange Ribbon initiative, citizen movement calling for the elimination of child abuse, provides counselling as well as National child emergency hotline (website in Japanese). You can contact directly the Network at info(at)orangeribbon.jp.
Children’s Rainbow Center provides counselling and training in cases related to child abuse and adolescent turmoil. You can contact them here:
983 Gumizawa-cho, Totsuka-ku,
245-0062 Yokohama, Japan
Telephone: (+81) 045-871-8011
Email: info(at)crc-japan.net
5. Support to Bi-National Couples, Cross-Cultural and Migrant Families
International Social Service Japan (ISSJ) is a non-profit organisation that helps individuals, children and families confronted with cross-border social welfare issues. ISSJ provides Support Services for Refugees and Asylum Seekers including counselling for asylum seekers and refugees on health, welfare, and social integration as well as support of refugee communities. You can contact them directly here.
Human Rights Counselling Offices for Foreigners are the Legal Affairs Bureaux and District Legal Affairs Bureaux providing human rights counselling services for foreigners throughout Japan.
The Immigration Bureau has established the Foreign Residents Information Centers to inform and advice foreign nationals.
WELgee is committed to empower vulnerable refugees and asylum seekers providing homestay, job-matching support and language learning services. You can visit their Facebook page or contact directly here:
Ebisu Garden Place Tower 27thfloor,
Ebisu 4-20-3, Shibuya-ku,
150-6027 Tokyo, Japan
Telephone: (+81) 80 3584 1991
Email: info(at)welgee.jp
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Access to Professionals / Hotlines:
- The Network of Cross-border Family Mediators maintains a global database which identifies expert family mediators who specialise in cross-border family conflict.
- The National Child Consultation Hotline “189″ accepts urgent consultations concerning child abuse suspicions and child-related matters (website in Japanese). This Nationwide hotline is connected to Child Guidance Centers.
- Child guidance centers provides during the evening and closing hours a hotline 03-5937-2330 in case of an emergency.
- A child abuse hotline reachable at 0570-064-000 is operated by the Equal Employment, Children and Families Bureau of the Ministry of Health, Labour and Welfare.
- To provide easy access for victims of a crime seeking advice or inquiries on the case, the Victim Support Hotline has been set up in all District Public Prosecutors Offices throughout Japan (please see the last page).
- ChildLine is a telephone helpline providing under 18 years old with anonymous free-of-charge psychological counselling services in Japanese. Please call at (+81) 0120-99-7777 (website in Japanese).
- The Japan Legal Support Center (JLSC) provides telephone Consultation Service to guide foreign nationals in Japan troubling about loans, divorce, domestic violence, labour, accidents, visa, etc.
- Foreign Resident Information Centers operates toll-free Nationwide Telephone Counselling Line for Foreign Nationals, Tokyo Office is reachable at the following: (+81) 0120-567-115. Please contact the line if you have any questions about immigration procedures, status of residence examination or other related questions. The service is provided daily and in different languages by experienced counsellors.
- Japan Association for Refugees provides a toll-free service for refugees and asylum seekers offering useful information on application procedure, social and medical services, employment, housing, financial assistance among other.
Useful brochures / Documents of reference:
- For additional information on domestic disputes and divorce in Japan, you can also read a Guide to the Family Courts of Japan of the Supreme Court of Japan.
Useful guides for parents concerning mediation practice and child abduction prevention can be found in our Library.