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Make sure you find in an artificial world with a mask of rules relating to the terrible reality. This is of course the premise of “The Matrix”, but it is also an analogy, I will explain the child custody and visitation rights in Japan, a topic that I do research (and have a personal experience ). Japan’s family courts have these rules and procedures that have a sad truth: you are powerless to protect the mother-child relationship, if a divorce turns hostile.

Take the case of Samuel him, his Japanese wife adopted her son 2 years of California in violation of a California Japan, for the Tribunal gave him custody. The validity of its keeps commanded the USA was confirmed by Japan’s Supreme Court, nor his wife remained in control of the child. In the meantime, he had a file of the proceedings within the family Osaka only the Court of Justice research visit with the child was adopted, that life with him in California.

At that time, his wife had poisoned the child against him, and he finally had to be negotiated on a housing estate, where he custody in exchange for a limited number (and unenforceable) Visitation.

Parental responsibility litigation is always sad, but mostly in Japan. For starters, there is the sense, is not the law. Some articles in the Japanese Civil Code Book give Japan’s judge the authority to decide custody in divorce cases, based on the best interests of the child. But there is virtually no provisions relating to express what those interests (California’s Family Code, by comparison makes it clear that the best interests of a child less frequent and regular contact with both parents, regardless of their marital status).

Visitation, evident in most divorces in the USA, Japan is a vague concept defined by a judicial precedent, and only sometimes described as a right. In reality, both custody and visitation rights are effectively administrative decisions to the discretion of judges and mediators, some of which are perhaps even as regards Visitation harmful to children.

The judges are part of an elite bureaucracy. He was chosen by a small minority of those who have a difficult events in the world, the Japanese bar (which was until recently a pass rate of 3 percent), judges of the rule of justice in their 20 years and spend their career in a Grand number of messages across the country, often living in government housing, isolated from the rest of society.

A judge’s postings reflect the status of his career, which depends on annual reviews. Although classified at the end of the judges is higher in the courts or a portion of the administrative judiciary.

While the criteria of justice when assessing its members are not public, Docket effective compensation is an important factor. So, it seems, it’s not embarrassing, justice as an institution.

In a recent case, a judge, wrote a popular book critical of the excessive length of some judicial positions renewal was refused. The reason? His comments were too short.

Missbilligte judge until the end of May spending a large portion of their time in the lower courts outside Tokyo and other major cities or in the family, where excessive mandate is a sign of a career the stalemate.

While some judges may not take such messages, in other cases, justice await the presidency on cases of national importance and not as a solution to family squabbles. Thus, there may be other factors at work, if the best interests of the child are adjudicated.

Docket Given that compensation is one of these factors, a judge may be too busy to participate in mediation by law, the procedure must be done before the divorce and custody disputes in Japan.

If mediation is considered ineffective, but the court may, a decision is based primarily on the recommendation of mediators and a family court Investigator (another employee of the judicial bureaucracy). A parent can not lose custody and denied almost all of her parental rights reasonable in proceedings in which the judge has barely hear the parties talking and never saw the child in question .

Custody, visitation and court decisions with a problem from the viewpoint of conservation of their status, since they are normally not apply.

The website of the U.S. State Department Office of Children’s Issues warned that respect for the Japanese family, judicial decisions is, in essence, on a voluntary basis. Rarely the police to the family and disputes March courts have no neck, with respect.

The penalty for violation of an injunction family is limited to a fine of less than $ 1000 There are also other remedies, but they also limited the effectiveness, especially against a portion of limited financial means, or can not not be found.

I interviewed a mother, whose attempts at implementation of the Visitation was foiled, as her ex-husband was simply the handset on the Tribunal officer tried to fill it. “There is nothing that we can do otherwise,” said the bureaucrat, entschuldigend.

From the viewpoint of the settlement of cases that justice without weakness, it is not surprising that family courts seem so often, the status quo, in the best interest of the child, especially when it comes visitation rights.