The Hague Convention (Convention on the Civil Aspects of International Child Abduction)　

The child can 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.)
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 can be a court order to return the child to the country of his or her habitual residence.

One might face criminal prosecution.

(1) Illegality of the 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 even out of the state within the country can be subjected to criminal prosecution.) In reality, there were instances where a parent was arrested as a suspect in child kidnapping upon re-entry to the country of habitual residence, and wanted internationally by the ICPO (International Criminal Police Organization).
If you are considering moving across national boundaries out of your country with your child, you are advised to check the legal systems of the country of habitual residence.

(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 for the benefit of the child, and does not therefore prescribe any criminal or other procedures against the parent who wrongfully removed the child.

When a minor applies for passport of Japan, the consent of both custodial parents is required.

• (1) Regarding the application for Japanese passports of minors, Japan issues passports by having a signature of a custodian as a legal representative to the application form.
  However, if the other parent has expressed his/her disagreement on the issuance of the child's passport either to the Japanese Embassies, Consulates General or the prefectural passport offices in Japan beforehand, the passport will usually be issued after the verification of the consent of both parents. In this verification process, the Japanese Embassies and Consulates General, as well as the prefectural passport offices, check in principle with the parent who disagreed beforehand on the issuance of child's passport whether he/she is now willing to submit a "Letter of Consent for an Application of Passport", and the passport will be issued after the submission of the Letter.
• It is crucial to keep a child’s passport so as to prevent a child removal by the other parent. However, there are some cases that despite the fact that the parent holds the child’s passport, the other parent who illegally applied for and obtained a new child’s passport removed the child to a foreign country. If you are concerned about a child removal to a foreign country by the other parents, we recommend you to submit a letter expressing your disagreement on the issuance of the child’s passport in advance.
• One needs to come to the Japanese Embassy, Consulate-General or prefectural passport office in Japan to express disagreement in writing with other supporting documents such as “Koseki Tohon” (family registry) that demonstrates your parental authority. For details on necessary documents, please ask the Japanese Embassy, Consulate-General or prefectural passport office to which you plan to submit the documents.
• (2) As mentioned above at the section 1-2(1), taking a child abroad without consent of his/her spouse who has parental authority may be accounted to criminal liability. In fact, there are cases in which parent taking a child was arrested of child abduction when he/she reentered the country, or that parent was placed on the international wanted list of International Criminal Police Organization (ICPO). To prevent Japanese citizens from such disadvantages, the Japanese Embassies and the Consulates General, which are located in such countries that stipulate in domestic law the taking of a child as a crime, are checking verbally to confirm the existence of agreement of both parents on the application for child's passport, even if there is no declaration of disagreement from one parent.
• On and after April 1, 2022, in accordance with the lowering of the legal age under the supplementary provision of the Act for Partial Amendments to the Civil Code, the age for applying for a general passport with a validity period of 10 years will be lowered from 20 years old to 18 years old or older.

[Note] Please refer to the notice below:

• To Parents with Children of Japanese Nationality: Passport Application for Japanese Minors (PDF)

[Note] Assistance not provided at diplomatic missions

Communication between family members;

Search for or research on a child removed by the other parent;

Financial support for fee of attorney and for filing lawsuits, extension of loan and guarantee; and

Interpretation service in the court proceedings etc., translation of documents for the court proceedings.

There are places where you can talk about a situation that your spouse uses violence against you (Domestic Violence: DV), If you have any concern about DV, please contact the following organizations.

(1) Assistances abroad (Assistance for the Japanese citizens abroad)

(a) Embassies/ Consulates

The Japanese embassies/consulates abroad offer the following assistance for Japanese DV victims.

• Making records of consultations
  If you hold a consultation regarding your family matters (such as DV, removing a child abroad wrongfully, or divorce) at the Japanese embassy/consulate, a record of the consultation will be made. A copy of such record may be issued upon a request from a court or yourself.
• Reporting or requesting an assistance to relevant agencies (if there is any safety concern)

[note] Providing information such as attorneys who are specialized in family law and international civil affairs, available assistances and welfare services abroad

(b) Supporting Organizations for DV Victims

The Japanese embassies/consulates have entered into arrangements with the following organizations so that Japanese victims can talk about their issues in Japanese. These organizations provide counseling, phone consultation, and information regarding DV related laws and court systems.
When you contact these organizations, please make sure to tell that you need assistance in Japanese.

In the United States

Womankind: Consulate-General of Japan in New York

Tel: 888-888-7702 [24 hours and 7days]
[note] Japanese staff is stationed during Mon. through Fri. 9:00 – 17:00.

Little Tokyo Service Center: Consulate-General of Japan in Los Angeles

Tel: 213-473-3035 [Mon. through Fri. 9:00 - 16:00]
[note] Japanese staff is stationed at all times.

JB Line, Inc.: Consulate-General of Japan in Boston

Tel: 781-296-1800 [Mon. through Fri. 10:00 - 16:00]
Email: help@jbline.org
[note] Japanese staff is stationed at all times.

Asians Against Domestic Abuse (AADA): Consulate-General of Japan in Houston

Tel: 713-339-8300 (helpline) [24 hours and 7days]
[note] Japanese staff is stationed during Mon. Tue. and Fri. 9:00 - 13:00 and Wed. and Thu. 9:00-13:00 and 14:00-17:00.

Domestic Violence Action Center (DVAC): Consulate-General of Japan in Honolulu

Tel: 808-531-3771 (in Oahu Island), 800-690-6200 (outside of Oahu Island)
[Mon. through Fri. 8:30 - 16:30]
[note] Japanese staff is stationed at all times.

In Canada

Japanese Social Service (JSS): Consulate-General of Japan in Toronto

Tel: 416-385-9200 [Mon. through Fri. 10:00 – 12:00 and 13:00 - 18:00]
[note] Japanese staff is stationed at all times.

YWCA Munroe House: Consulate-General of Japan in Vancouver

Tel: 604-209-1808 [Tue. through Thur. 9:00 - 17:00]
[note] Japanese staff is always stationed.

Note: please dial “1” first for country codes of the USA and Canada and then dial a telephone number when you make a call from Japan.

In Australia

Bonnie Support Service Ltd: Consulate-General of Japan in Sydney

Tel: 02-9729-0939 Email：referral@bssl.org.au or adminofficer@bssl.org.au
[note] Japanese staff is stationed during Tue. through Thur. 9:00 – 17:00.

Note: please dial “61” first for country codes of Australia and then dial a telephone number when you make a call from Japan.

In the United Kingdom

Bromley & Croydon Women's Aid: Embassy of Japan in the UK.

Tel: 020-8313-9303 [Mon. through Fri. 9:00 – 16:30] Email: kumiko.b@bcwa.org.uk

Note: please dial “44” first for country codes of the United Kingdom and then dial a telephone number when you make a call from Japan.

In Germany

frauenberatungsstelle düsseldorf e.V.: Consulate-General of Japan in Dusseldorf

Tel: 0170-657-0130 [Tue. through Thur. 9:30 - 18:00, and Fri. 9:30 - 15:30.]
[note] Japanese staff is stationed at all times.

Note: please dial “49” first for country codes of Germany and then dial a telephone number when you make a call from Japan.

(2) Assistance in Japan

(a) Hague Convention Division, Ministry of Foreign Affairs of Japan

If you consider traveling abroad with your child in order to evade DV, or have already done so and want to know more about the Hague Convention, please contact the Hague Convention Division. Our staff can provide detailed explanation about the Hague Convention. Those victims who are already parties to Hague Convention cases can also contact the Hague Convention Division.

[note] It will be up to a court to decide whether a child should be returned. It is also up to the court how it considers specific circumstances of the case including those related to DV.

Hague Convention Division

Tel: 03-5501-8466 [weekdays 9:00 - 17:00 (except 12:30 - 13:30)]
Email: hagueconventionjapan@mofa.go.jp

(b) Others

The Spousal Violence Counseling and Support Centers (PDF) (note1) offers help to DV victims. Also, you can receive legal consultations at Bar Associations in each prefecture (note1) and the Japan Legal Support Center (consultations are available in different languages such as English, Chinese, Korean, Spanish, Portuguese, Vietnamese, and Tagalog).
The Japanese Central Authority provides seminars to the above organizations upon requests.

(note1) there are organizations that provide multilingual services. Please contact them directly.