Legislation Enacted for Smooth Child Handover after Divorce


Tokyo, May 10 (Jiji Press)--The Diet, Japan's parliament, enacted legislation on Friday to enable the compulsory handover of a child taken away by a parent who lost custody after divorce, in the presence of the parent with custody rights.

The House of Councillors, the upper chamber, approved unanimously a bill to revise the Civil Execution Act. The bill cleared the House of Representatives, the lower chamber, in April.

Currently, there is no legal provision in Japan about the compulsory handovers of children after divorce, so rules regarding the delivery of movable assets such as paintings are applied to child handovers.

If a parent who lost custody of a child after divorce takes the child away, that parent's presence is required during the court-ordered compulsory handover to the parent who has custody rights.

The revised law removes this requirement in order to prevent parents without custody rights from refusing such handovers by pretending they are not at home. In consideration of the children's feelings, the revision requires in principle the presence of the parents with custody rights during the handovers.

[Copyright The Jiji Press, Ltd.]

Jiji Press