The Hague Convention (Convention on the Civil Aspects of International Child Abduction)
Application Flow for Assistance in Child’s Return to Japan
(Procedures for Return of a Child Removed to a Foreign State)
1. Outline of Procedures
If your child has been removed from Japan to a foreign State (Contracting State of the Hague Convention other than Japan), or if you have a child being retained[Note] in that Contracting State, you can file an application for assistance to secure the return of the child to Japan from that State (Application for Assistance in Child’s Return to Japan) under Japan’s Act for Implementation of the Convention on the Civil Aspects of International Child Abduction (Hague Convention Implementation Act). The flow of procedures for such cases is outlined in the diagram below.
You can submit the application to the Japanese Central Authority (JCA) - Minister for Foreign Affairs of Japan. JCA’s daily business is handled by the Hague Convention Division, Consular Affairs Bureau, Ministry of Foreign Affairs. Alternatively, you can submit it directly to the Central Authority of the foreign State where the child is located. Please note that some States may not accept direct applications.
[Note] “Retained” herein refers to the circumstances where a child is prevented from returning to the State of their habitual residence (Japan) after traveling from Japan to a foreign State (another Contracting State of the Hague Convention).
2. Procedures of the Ministry of Foreign Affairs
(1) Receipt of Application
When the JCA receives an application, it will promptly issue a document acknowledging receipt of the application to the contact address of the applicant as provided on the application.
(2) Examination of Documents
The JCA will examine the application documents (application form and supporting documents) as required by the Hague Convention Implementation Act. If there is a lack of necessary information in the application documents, the applicant will be requested to make corrections or submit additional documentation.
Once examination is complete, the JCA will proceed with one of the following steps and notify the applicant of the result.
- Decision for assistance in child’s return to Japan [Note]
- Dismissal of the application
[Note] This means that the JCA has decided to provide assistance, and does not imply any legally binding decision regarding the return of the child.
(3) Transmission to Foreign Central Authority
After the JCA makes a decision for assistance, in accordance with the Hague Convention and Japan’s Hague Convention Implementation Act, copies of the application documents will be transmitted to the Central Authority of the State where the child pertaining to the application is located (Foreign Central Authority).
(4) Support by the Ministry of Foreign Affairs
To help find a solution for cases where the JCA has made a decision for assistance, the Ministry of Foreign Affairs provides the following support:
- Support for translation of application documents
When submitting application documents to a Foreign Central Authority, if translation of any such documents is required, the applicant can use the translation service provided by the JCA, within certain limits. The translation service is also available for other documents requested by a Foreign Central Authority. - Lawyer Referral Service
Each foreign State has different procedures (see section 3 below). When undertaking such procedures, applicants who wish to retain a lawyer in Japan for purposes such as gathering evidence, providing explanations of the Japanese legal system, and communicating with lawyers in a foreign State, can request a list of lawyers who have extensive knowledge in Hague Convention cases. If the applicants retain a lawyer in Japan to communicate with the JCA on their behalf, a Power of Attorney document needs to be submitted to the JCA.
3. Procedures in Foreign States
The relevant procedures and types of assistance provided under the Hague Convention vary between Contracting States. For more information, please refer to the "Country Profile
" responses for each State on the website of the Hague Conference on Private International Law (HCCH). Profiles are available in English, French or Spanish, but do not cover all Contracting States.
Furthermore, the procedures for filing a court petition for the return of a child also vary between Contracting States. In some countries, the applicants themselves or their legal representatives must file the petition, while in others, the Central Authority or another state administrative organ does so on applicants’ behalf (in conjunction with or instead of this, the applicants may also be able to hire a lawyer and file the petition themselves).
- Support for translation of court documents
For court procedures in foreign States, documentary evidence and other relevant texts submitted to a court must be presented in a language accepted by the courts of that State. As such, translation may be required. Parties for whom a JCA assistance decision has been made can use the translation service through the JCA at no charge, within certain limits, provided that they do not have access to translation services in the country where the court procedures are taking place.