JAPAN Law and Practice Contributed by: Kenji Yano, Tokyo Kokusai Partners Law Office
If Taken to a Non-Convention State If a child has been taken to a non-contracting state, there are no legal procedures available in Japan to secure the child’s return. In such cases, the principal legal option is to bring proceedings before the courts of the country to which the child has been taken. 3.3 Hague Convention on the Civil Aspects of International Child Abduction Legal Aid The Japan Legal Support Centre ( Houterasu ), a gov - ernment agency, provides up to three free legal con - sultations in Hague Convention cases (limited to in- person meetings). For court representation, it advances attorney’s fees and actual expenses interest-free, but repayment in instalments is generally required (with the possibility of waiver if financial eligibility requirements are met). As a rule, an application must be made after obtain - ing an assistance decision from the Central Authority and appointing an attorney. While the system is well- established, it is not available free of charge to every - one because of the financial eligibility requirements. Link to Data Provided by the Central Authority The Ministry of Foreign Affairs of Japan (the Cen - tral Authority) maintains a dedicated website on the Hague Child Abduction Convention: Under “implementation status”, the site provides data on the annual number of Hague Convention cases and Japanese courts respect and tend to strictly apply the fundamental principle of the Hague Child Abduction Convention, namely the prompt return of the child, pursuant to Article 27 of the Implementation Act. At the same time, the grounds for refusal of return under Article 28 (1)(i)–(vi) are carefully examined, and in practice disputes often focus on prior consent or subsequent acquiescence (item (iii)), grave risk (item (iv)), or the child’s objection (item (v)). There are in fact a significant number of cases in which return has been refused. their outcomes. Court Practice
In addition, under Japanese practice, conciliation pro - ceedings are routinely attached to return proceedings (Implementation Act, Article 144), and a substantial proportion of cases are resolved through conciliation or settlement. Return From Non-Convention States See 3.2 Steps Taken to Return Abducted Children . Costs and Average Duration Costs The costs of an application for the return of a child are approximately(as of September 2025): • 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. Because return proceedings are often complex, spe - cialised and require urgent handling, substantial legal fees are typically incurred. Timescale At the Tokyo and Osaka Family Courts, which have exclusive jurisdiction over applications for the return of a child, a “six-week model” has been established in line with the purpose of Article 11 of the Hague Child Abduction Convention (Implementation Act, Article 151). Under this model, a final decision is generally rendered within six weeks, or close to that period, from the filing of the application. However, if an appeal is lodged against the Family Court’s decision, pro - ceedings may be extended by several months. 3.4 Non-Hague Convention Countries This section is not applicable to Japan, as Japan is a signatory to the Hague Child Abduction Convention.
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