The Hague Convention (Convention on the Civil Aspects of International Child Abduction)
Application Flow for Assistance in Child’s Return to Foreign State
(Procedures for Return of a Child Removed to Japan)
1. Outline of Procedures
If your child has been removed from a foreign State (Contracting State of the Hague Convention) to Japan, or if you have a child residing in that Contracting State being retained [Note] in Japan, you can file an application for assistance to secure the return of the child to that State from Japan (Application for Assistance in Child’s Return to Foreign State) 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 either to the Central Authority of your country of residence or directly 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.
[Note] “Retained” herein refers to the circumstances where a child is prevented from returning to the State of their habitual residence after traveling from this State to Japan.
2. Procedures of the Ministry of Foreign Affairs
(1) Receipt of Application
When the JCA receives an application, either directly or through the Central Authority of a foreign State, 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 correction or submit additional documentation.
The JCA will work to locate the whereabouts of the child and the person who lives together with the child in Japan while examining the application.
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 a foreign State [Note]
- Dismissal of the application
- Where it is obvious that the child pertaining to the application is not located in Japan, but is located in another Contracting State, the application documents will be transmitted to the Central Authority of that Contracting State.
[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) Support by the Ministry of Foreign Affairs
In furtherance of an amicable resolution, the JCA, with applicant’s consent, will contact the other party and act as a liaison between both parties. In addition, the following support is offered to both parties.
- Lawyer Referral Service
- Financial Support for the Use of Alternative Dispute Resolution (ADR)
- Court Documents Translation Service [Note]
- Financial Support for the Use of Child Contact Support Organizations
[Note] For more information on the translation service, refer to "3. Procedures for Court Petition for the Return of Child” below.
3. Procedures for Court Petition for the Return of Child
(1) Petition for the return of child
If a person has the child removed from a Contracting State to Japan or being retained in Japan, that person may file a petition for the return of the child with the Tokyo Family Court or the Osaka Family Court. This is a legal process distinct from filing an application for assistance with the JCA. For information on how to file a petition, please contact the Tokyo or Osaka Family Court, or consult with a lawyer.
(2) Conciliation
The court may refer a return case to conciliation with the consent of both parties.
For details regarding conciliation procedures, please refer to the websites of the Tokyo Family Court or the Osaka Family Court.
(3) Petitions for Order of Ne Exeat, Order of Passport Surrender
As a measure to prevent the parent who has removed a child from taking the child out of Japan, the petitioner may file a motion with the court for the issuance of a travel ban (Order of Ne Exeat) and an Order of Passport Surrender for the child's passport.
Those who are ordered by the court to surrender a child’s passport must then submit it to the Ministry of Foreign Affairs.
- [Related Link]
(4) Translation of court documents
In cases of petition for the return of a child, documentary evidence and other relevant texts submitted to courts in Japan must be presented in the Japanese language. As such, translation from a foreign language into Japanese is required. For those cases where the JCA has made a decision to provide assistance, both parties involved can use the translation services provided by the JCA at no charge, within certain limits.
4. Procedures After Decision on Return of Child
After the court orders the return of a child, the JCA provides support to the parties to ensure the child’s safe return, including coordination with embassies or consulate generals during and after the child's return, and cooperation required to execute the return by substitute.