Japanese Child Victims Of Parental Child Abductions Under Japan's Single Custody System File A Lawsuit Against The Japanese State For Not Protecting Them

Wednesday 11 November 2020 14:15

Japanese child victims of Japan’s single custody law, parental alienation and forced estrangement by their abducting parent file a lawsuite against the Japanese state. Children that were prevented from meeting their left behind parent by their custodial parent have filed a lawsuit seeking compensation from the Japanese state, saying that the reason why they could not meet their parents who live apart after their divorce was becsue the country neglected to establish a law on “visitation exchange”. “If we had been able to have visitation so that we could see how the parents who live away from us were doing, we wouldn’t have suffered so much. I don’t want more children to have the same experience”. The 2011 revision of Japan’s Civil Code requires that when a couple with children divorces, they should make arrangements with the child’s interest as the highest priority for “visitation exchanges” where parents and children meet regularly. However, this code was never obligatory or enforced, the parent with custody refusing to allow the child and left behind parent to ever meet.

17 children who could not meet their left behind parent after divorce, and parents who could not meet their children, because the government neglected to establish legislation for visitation exchanges and did not determine specific rights and obligatios have filed a lawsit against the Japanese state . They filed a lawsuit in the Tokyo District Court seeking a compensation of 100,000 yen per person from the government, saying that “visitation exchange" was not realized. 

According to the lawyers, this is the first time a child has sued the country over  visitation exchange. A man in his twenties who filed a complaint from the standpoint of a child said at a press conference, "I wouldn't have suffered so much if I could meet and interact with my parents so that they could see how they live apart. I don't want to increase the number of children who have the same experience. I was talking.In addition, the boy's junior high school student who filed the complaint commented, "I love my father. I want you to decide when and when you can meet.” Attorney Satoshi Sakuhana, the plaintiff's agent, said, "Japan is far behind other countries in terms of visitation exchanges, so I would like you to make a new enforcable laws in this trial."