The Hague Convention (Convention on the Civil Aspects of International Child Abduction)
Traveling Abroad with a Child
1. What Happens If You Remove Your Child out of the Country
The child should in principle be returned to the country of his or her habitual residence based on the Hague Convention.
The Hague Convention prescribes that when a child is wrongfully removed across national boundaries, he or she should, in principle, be returned promptly to the country of his or her habitual residence. (The return of a child may not be ordered by a court depending on circumstances. Please see here for an overview of the Hague Convention.)
Consequently, if one parent takes his or her child to Japan or another country across a national boundary without the consent of the other parent who has custody, and if the other custodial parent files a petition with the court for the return of the child, there will likely be a court order to return the child to the country of his or her habitual residence.
You might face criminal prosecution.
(1) Illegality of Child Removal
When a parent takes the child out of the country without the consent of the other parent with custody, it may constitute a crime under the penal code of that country. In some countries, taking the child out of the state within the country can lead to criminal prosecution. In fact, there were instances where a parent was arrested as a suspect in child kidnapping upon re-entry to the country of residence, or wanted internationally by the ICPO (International Criminal Police Organization).
If you are considering moving across national boundaries out of your country of residence with your child, you are advised to check the legal systems of the country.
(2) Relations with the Hague Convention
The Hague Convention prescribes the procedures for the return of the child to the country of his or her habitual residence in cases of wrongful removal, primarily for the benefit of the child. It does not, however, provide for any criminal or other procedures against the parent who wrongfully removed the child.
You may need to prepare a Travel Consent Letter in some countries.
In some countries, when one parent travels with a child into and out of the country, a Travel Consent Letter may be required to demonstrate the consent of the other parent. For information on whether such a letter is required and its contents, please contact the government authorities of the country or region where you reside if you live outside Japan. If you reside in Japan, please contact the embassy or consulate general of the destination country or region. A Travel Consent Letter is not required when entering or departing Japan.
[Note] A Travel Consent Letter is a type of document required for entry and exit that each country puts in place independently of the Hague Convention. It is not intended to demonstrate that the other parent consented to that removal, which the Hague Convention stipulates as an exceptional reason for the non-return of a child. Therefore, possessing a Travel Consent Letter does not exempt you from the obligation to return a child under the Hague Convention.
2. If You Are a Parent Concerned about Your Child Being Relocated to a Foreign Country by the Other Parent without Your Consent
Managing a child’s passport is crucial to prevent relocation abroad without your consent.
To prevent problems associated with a child's relocation overseas without your consent, it is important to properly manage the child's passport. There have been multiple cases where a child has been relocated overseas without the consent of one parent (which may be illegal under the laws of the original place of residence). If there is a risk of a child being relocated overseas without your consent, and you do not want your child's Japanese passport to be issued or renewed, please submit a written statement of disagreement in advance to prevent its issuance. For foreign passports, please contact the passport issuing authority of the foreign country concerned, or the embassy/consulate general in Japan, regarding available measures to prevent the issuance of a minor child's passport.
Submit written disagreement regarding the issuance of a passport for your minor child to the prefectural passport office or the Japanese Embassy and Consulate-General.
- To submit a written disagreement regarding the issuance of a passport for your minor child, please visit a Japanese Embassy, Consulate-General or a prefectural passport office in Japan. You need to submit this in writing with other supporting documents such as "Koseki Tohon" (family registry) to demonstrate your parental responsibility. For details of necessary documents, please ask the Japanese Embassy, Consulate-General or prefectural passport office to which you plan to submit the written disagreement.
- For additional information regarding passport applications for minors, please refer to the following page.