JAPAN Law and Practice Contributed by: Kenji Yano, Tokyo Kokusai Partners Law Office
tion . In cases of international relocation, the impact on the child’s continued relationship with the non- residential parent should also be taken into account. 2.3.6 Which Reasons for Relocation Are Viewed Most Favourably? The decision is made based on a holistic assessment of the factors set out in 2.3.1 Factors Determining an Application for Relocation . Among the four prin - cipal factors, the evaluation of “caregiving capacity and environment” is regarded as having the greatest influence on determinations concerning designation of the custodian. In addition, the nature of international relocation itself would be taken into consideration when assessing the impact on the child’s best interests. 2.3.7 Grounds for Opposition to Relocation As noted in 2.3.6 Which Reasons for Relocation Are Viewed Most Favourably , decisions are made on the basis of a holistic assessment, and no single reason is automatically given priority. In the same way as reasons advanced in favour of relocation, reasons for opposing relocation are also evaluated considering the factors set out in 2.3.1 Factors Determining an Application for Relocation . 2.3.8 Costs of an Application for Relocation The costs of an application for designation of a custo - dian are approximately (as of September 2025): • court application fee – JPY1,200 per child; and • postal stamp fee – a few thousand yen, depending on the court. In addition, each party must bear their own legal fees, and because cases concerning designation of a cus - todian are often difficult and complex, substantial legal fees are typically incurred. 2.3.9 Time Taken by an Application for Relocation There is no statutory timetable for mediation or adju - dication proceedings concerning designation of a custodian. The actual duration depends on various factors, including the complexity of the case and the court’s schedule.
and perception of the parental conflict. In Japanese court practice, it is generally understood as follows. Up to Around Primary School Age (Approximately 11 or 12 and Under) At this stage, children are more capable than infants and toddlers of perceiving discord between their par - ents, but they are also more likely to feel responsi - ble for the conflict or to experience loyalty conflicts. Whilst it becomes increasingly important to respect their wishes in line with their developing understand - ing and verbal abilities, they remain highly suscepti - ble to the influence of parental disputes. Their views therefore need to be considered in light of their devel - opmental stage and their objective best interests. Secondary School Age and Above (Around 12 or 13 and Older) At this stage, if the child’s wishes are based on genu - ine intent and are not clearly contrary to the child’s objective interests, those wishes should be given sig - nificant weight. 2.3.4 Importance of Keeping Children Together Where a child has siblings, the principle of keeping siblings together is treated as one factor in assessing “caregiving capacity and environment” under 2.3.1 Factors Determining an Application for Relocation. If the emotional bond between siblings is strong, separating them may create a sense of unfairness or cause a rupture in their relationship, and in addition to separation from a parent, may impose a double psychological burden. For this reason, it is gener - ally regarded as desirable for siblings to be cared for together under the same parent. That said, this depends on the nature of the sibling relationship and should not be regarded as a rule; it remains only one factor among others to be weighed in the overall assessment. 2.3.5 Loss of Contact The extent to which a parent is willing to allow and facilitate the child’s contact with the other parent is treated as one factor in evaluating the item “attitude toward the child’s relationship with the other parent” in 2.3.1 Factors Determining an Application for Reloca-
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