Can my Japanese wife divorce me and take our child back to Japan?

[brtskahi]

What is the name of your state (only U.S. law)? Hawaii

I am married to a Japanese national and we live in the US. She keeps threatening to divorce me and take our child back with her to Japan. Can she do this? If she manages to get to Japan with our child without my knowlege, will it be more difficult to get joint custody when we divorce? I hear that Japan family courts grant custody to the wife 80% of the time. Would our case go to a Japanese or American court? Would it be difficult to extradite her and our child back to the US so we can get the divorce through the American court system? This has been worrying me for a long time. Thank you for your help.

 

[brtskahi]

Thank you for the quick reply

We were married in HI. We have been married for almost two years. Our child is 19 months old and she was born in HI.

 

[Ohiogal]

We were married in HI. We have been married for almost two years. Our child is 19 months old and she was born in HI.

Most likely she will not be able to move the child back to Japan. And you need to file for divorce, custody and a restraining order to prohibit said move. She will be able to divorce you if she wants to.

 

[TinkerBelleLuvr]

Does the child have a current passport?

 

[brtskahi]

Yes the child has a current passport

I am also afraid that my wife will suddenly fly to Japan with our baby. I'm guessing everything gets more complicated if they're in Japan. Which court will our case be seen in, American, or Japanese? Is it difficult to bring the baby back to the US if she's in Japan and my ex-wife doesn't want to let her go?

 

[Ohiogal]

FILE IMMEDIATELY FOR DIVORCE AND CUSTODY AND GET A RESTRAINING ORDER PROHIBITING THE CHILD FROM BEING REMOVED. Also hold the baby's passport.

 

[thedoctorisin]

This has been worrying me for a long time.

You are right to be worried. If your wife takes your child back to Japan, and then files for divorce in Japan, then you are basically screwed. There is no legal method to force her to return to the U.S. Japanese divorce courts aren't big on joint custody, so there is a chance that you would never see your child again.

If this occurs, the only legal action you could take in the U.S. would be to get awarded any assets that your wife left behind in the U.S.

 

[LdiJ]

FILE IMMEDIATELY FOR DIVORCE AND CUSTODY AND GET A RESTRAINING ORDER PROHIBITING THE CHILD FROM BEING REMOVED. Also hold the baby's passport.

That of course is assuming that he wants to get divorced.

However the reality of things is that Japan is NOT a signatory to the Hague Convention, so if she gets the child to Japan, that's likely where the child is going to stay.

It is also reality however, that its unlikely that a judge would state that the child could never visit Japan with the mother.

Its a real "catch 22".

 

[luckymom]

If the mom did flee to Japan with the child she is also giving up all hope of ever getting child support, since Japanese courts rely upon private agreements between the parents for this and there is no enforcement mechanism even if there is an agreement.

There is also still significant stigma against children of single mothers, especially those who are so-called "halves." My point--there are lots of reasons for this mom to stay in the U.S.!

 

[profmum]

I am also afraid that my wife will suddenly fly to Japan with our baby. I'm guessing everything gets more complicated if they're in Japan. Which court will our case be seen in, American, or Japanese? Is it difficult to bring the baby back to the US if she's in Japan and my ex-wife doesn't want to let her go?

Dont ignore these warning signs, once your wife is in Japan, all bets are off about custody and you may little contact with your child. Asian countries do highly favor primary custody to the mother. Keep the childs passport with you and be proactive in getting a custody order here in the US before things get worse and she flees. I have a friend who is dealing with this, now he has not seen his son in 8 months and may never be able to be a part of his son's life if he does not relocate to the Asian country.

 

[brtskahi]

If we did get a divorce in the US...

Assuming we are both good parents and could prove it, is joint custody the most likely ruling? How does visitation rights work when the parents live in different countries? If our daughter visits her mom in Japan and doesn't want to let her leave, would it be difficult to get my daughter back to the US?

 

[profmum]

It all depends on the outcome of the case and what the judge decides. However if the joint custody and visitation is set up with you both in the U.S. then if she moves back she will have to file with the courts for that too.(like long term parenting plans etc). So there will be things put in place to protect the child and keep the child where she can have a relationship with both parents. You need to file for full custody immediately and ask for an order restraining the child to the state.

You can file for full custody but it wont get you very far, Mum has only made threats, not taken the kid out of the country. You are better served by asking for the Courts permission to keep the child in the US and hold on to her passport while things are being sorted out. Also check out whether Mum can get a Japanease passport for the child (because of her citizenship) without your signature

 

[profmum]

If our daughter visits her mom in Japan and doesn't want to let her leave, would it be difficult to get my daughter back to the US?

yes very difficult, even if you have a US court order, the US embassy will NOT get involved, in addition, if Mum asks the courts in Japan to decide custody, then they may NOT recognize the US court's authority and that can drag on for years. It is a catch 22 situation and unfortunately since all Mum has only made threats, it may not be enough to prove anything.