Japan Top Court Rejects Claim over Visitation Rights
Tokyo, July 9 (Jiji Press)--Japan’s Supreme Court has upheld lower court rulings that dismissed plaintiffs’ challenge against the lack of a system to ensure opportunities for them to meet with their children living separately after divorce.
The appeal filed by the plaintiffs was rejected by the top court’s Second Petty Bench on Wednesday, which concluded that “it cannot be said that the Constitution guarantees their visitation rights.”
The 14 plaintiffs, who live separately with their children due to divorce and other reasons, had sued the government, seeking damages for mental suffering caused by the lack of such a system.
The Civil Code stipulates that such opportunities should be arranged by fathers and mothers when they divorce, and that if this is not possible, a family court will make arrangements.
But there are many cases in which visitation is not achieved, such as when a parent living with a child refuses to live up to arrangements.
[Copyright The Jiji Press, Ltd.]