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

Assistance in Visitation or Contacts with Child in Foreign State

October 22, 2014
Japanese

1 Before filing an application:Be advised of reasons for dismissal.

 If you want to have visitation or contacts (access) [Note] with the children in a foreign state(a Hague Convention Contracting state), you can file an application to the Central Authority of Japan for assistance to realize visitation or contacts with your child (Assistance in Visitation or Contacts with Child in foreign state).
 Your application, however, is dismissed if one of the following conditions is met. ((Article No.23, Paragraph (1) Implementation Act) Therefore, you are advised to make sure that your case does NOT fall under any of the following items for dismissal.

 [Note] We use the word "visitation or contacts" based on the wording of Japanese domestic legislation in the sense of "access" stipulated in Article 21 of the Hague Convrntion

  • A child with whom the visitation or other contacts is sought in the application for assistance in visitation or contacts with child in foreign state has attained the age of 16.
  • The state or territory where the child pertaining to the application is located is unknown.
  • It is obvious that the child pertaining to the application is located in Japan or in a state or territory other than Contracting State.
  • It is obvious that the location of the child pertaining to the application and the domicile or residence of the applicant are in the same Contracting State.
  • It is obvious that the applicant does not have a domicile or residence in Japan.
  • The state or territory where the child pertaining to the application held his/her habitual residence immediately before the visitation or other contacts with the child by the applicant became unable to be made is not a Contracting State.
  • It is obvious that the applicant is not entitled to visitation or other contacts with the child pertaining to the application under the laws or regulations of the state or territory where the child pertaining to the application held his/her habitual residence immediately before the visitation or other contacts with him/her by the applicant became unable to be made or that the visitation or other contacts by the applicant with the child pertaining to the application is not interfered.

2 How to file an application

(1)Flow of Procedure

 The outline of the procedure of the assistance in visitation or contacts with the child under the Hague Convention is shown in the below diagram for those who were entitled to visitation or other contacts with the child under the laws and regulations of the state where the child held his/her habitual residence, but became unable to have the opportunities for visitation or contacts with the child who resides currently in another Contracting State.

  • Case Flow: Visitation or Contacts in Foreign State

 Details of the procedures and assistance in each contracting state vary from state to state. For further details about the procedures and assistance in each contracting states, please refer to “Country Profileother site” of each state available on the Hague Conference on International Private Law homepage (Country Profiles are available in English, French or Spanish. Country profiles of some states are not provided) or enquire at the Central Authority of the relevant state directly.

(2)Submitting your application to the Japanese Central Authority

 Should you wish to submit your application to Japan, you will be required to submit the application documents along with supporting materials to the Ministry of Foreign Affairs, which is the Central Authority of Japan. For the application form and information on how to apply, please refer to this page. The Central Authority of Japan accepts applications in Japanese and English. However, translation into the language accepted by the requested central authority of the state in which the child resides may be necessary, and the translation process will require some time. We therefore recommend applicants to submit application in English from the first instance for purposes of celerity in case the requested Central Authority accepts an application in English.

(3)Submitting your application to the Central Authority of the Contracting State in which the child resides

 Application for assistance in access to the child can also be sent directly to the Central Authority of a Contracting State where the child resides.

 In this case, the applicant is required to submit an application form and supporting documents specified by the Central Authority of the state where the child resides. Pease directly enquire at the Central Authority for further information (Contact details of the Central Authorities of the Contracting States can be found hereother site (English only).

  Accepting Central Authority
Central Authority of Japan Central Authority of the Contracting State where the Child resides
Languages Accepted Japanese ×
English
Exceptions apply in some states[Note]
Any other languages ×
Please enquire directly at the Central Authorities
[Note]Exceptions as follows:
France: Only French accepted
Andorra: Only French and Catalan accepted
Germany: Only German accepted
Brazil: Only Portuguese accepted
El Salvador: Only Spanish accepted