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

　If you want to have access to your child in Japan, you can file an application to the Central Authority of Japan for assistance to realize visitation or contact (Assistance in Visitation or Contact with Child in Japan). Your application, however, is to be dismissed if any of the following conditions are met (Article No.18, Paragraph (1) The Act for Implementation of Convention on the Civil Aspects of International Child Abduction). Therefore, before filing an application 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 contact" based on the wording of Japanese domestic legislation in the sense of "access" stipulated in Article 21 of the Hague Convention

• The child pertaining to the application has attained the age of 16.
• It is obvious that the child pertaining to the application is not in Japan and 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 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 has a domicile or residence in Japan or that the applicant does not have a domicile or residence in a Contracting State other than Japan.
• The state or territory where the child pertaining to the application held his or her habitual residence immediately before the visitation or other contact with him or her 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 any other contact 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 or her habitual residence immediately before the visitation or other contact with him or her by the applicant became unable to be made or that the visitation or other contact by the applicant with the child pertaining to the application is not interfered.

　You can file an application to the Central Authority of Japan for visitation or contact with the child by following the procedure as follows.

　To file an application for assistance to realize access to the child (Assistance in Visitation or Contact with Child in Japan) to the Central Authority of Japan, you have to fill out an application form designated by the Central Authority of Japan and submit it with supporting documents. For more details on required documents and submission method please refer to this page.

　[Note] If you wish to take your case directly to court proceedings for visitation or contact with the child, you may file a petition to the court without receiving assistance from the Central Authority. For information on petition procedures, please contact a family court in Japan or legal profession directly. The family courts in Japan, however, do not respond in languages other than Japanese.

（1）Discovery of whereabouts of child etc.

　When the whereabouts of the child pertaining to the application or the person who lives together with the child are not discovered, the Central Authority of Japan will work for the discovery of whereabouts of the child and the person who lives together with the child in Japan in cooperation with governmental administrative institutions and local governments.

（2）Decision for assistance in visitation or contact with child

　The Central Authority of Japan will first screen the application based on the Implementation Act, secondly make a decision on whether the Central Authority provides the assistance, and then proceed to one of the steps below, and finally notify the applicant of the result.

1. Decision for assistance in visitation or contact with child
2. Dismissal of application for assistance in visitation or contact with child
3. Where it is obvious that the child pertaining to the application is located in a Contracting State other than Japan, the Central Authority of Japan will transfer copies of the application form and a copy of the attached documents to the Central Authority of the Contracting State.

（3）Service of the Central Authority after Decision of Assistance

　Since it is desirable, under the Convention, to make solutions based on an agreement between the parties, the Central Authority provides support such as liaising and coordinating between the applicant and a party preventing visitation and contact, introducing Alternative Dispute Resolution (ADR) institutions, and informing the parties of Lawyer Referral Service, if relevant parties want support for mediation.

　If you want to have visitation or contact with your child in Japan, you can file a petition for adjudication of domestic relations or conciliation of domestic relations concerning visitation or contact separately from the application for assistance to the Central Authority.
　The procedures of visitation or contact in a family court are the same as the standard procedures of visitation or contact in Japan, with some special provisions such as one about the jurisdiction of the court or the inspection of the record.
　For more details of the procedures of the family court, refer to this page.