In general, it is believed that siblings should live under the same roof with the same parent. Reader “A” wrote in to Lifelines recently on the all-too-familiar subject of divorce, along with a related question about mortgages: I am a 46-year-old male foreigner who has been married to a Japanese for 13 years. The family court is likely to take your mortgage commitment into account when deciding the level of child support you should pay, but although it may mean you pay a reduced rate, it certainly won’t “cancel out” the obligation to pay child support completely. ... to think about child support. Sorry, but your browser needs Javascript to use this site. For this reason, I am thinking about divorce, but we have three kids (8, 10 and 12 years old). I purchased a house about five years ago here in Japan using a bank loan. To bring up a child properly, a stable life environment is considered vital. Sumikawa Law Office (Lawyer in Japan, English available). The Japan Times LTD. All rights reserved. Parents who are part of a Japanese divorce have little legal recourse to appeal decisions. If you're not sure how to activate it, please refer to this site. I want a divorce in Japan, but what about child custody and my mortgage? If we bring a divorce case to the court, how is child custody decided? Yet my story is just one of many. The Ministry of Foreign Affairs tells the Embassy that this a… Law firm in Kawasaki city next to Tokyo and Yokohama. Japan may call new state of emergency, virus response chief warns, Japan's coronavirus cluster-busting approach nears its limit, Giant panda cub born at zoo in western Japan, Not so fast, Japan experts say, as COVID-19 vaccines raise hopes. All attorneys (lawyers) can speak English. Every day just feels like unending struggle. Related pages – Divorce in Japan – Divorce procedure in Japan (Rikon), Information for worldwide lawyers looking for a lawyer in Japan, Troubles regarding trading with a company in Japan. But at some point, you will have to think about child support. Both parents have duty to support their children. Of course, if you and your wife come to a financial agreement that suits the both of you, that would be ideal. I have another 30 years to go on my mortgage. If my wife gets custody of the children, would it be possible that the house stays in my name and I continue paying the monthly mortgage while my wife and children live there until my children become adults? Article 820 of the Civil Code says that the custodian has the right and obligation to care for and educate the child for the benefit of that child. When deciding which parent will be given custody of children, the most important factor is supposed to be the welfare of the children. If you have trouble regarding child support, it is suggestible to see an attorney (Bengoshi lawyer) for consultation. Dave Prowse, actor who played Darth Vader, dies at 85. However, committing adultery is not considered an important factor in deciding which parent is better equipped to care for a child. Each year, around 150,000 children in Japan lose access to one of their parents after a divorce. If a U.S. citizen parent is concerned that a current or former Japanese spouse may surreptitiously file a notification of divorce or declaration naming themselves as the sole custodian of the children, the U.S. citizen parent can file a Petition for Non-Acceptance of Notification of Divorce (rikon fujuri moshidesho) at the municipal office where the Japanese parent resides and/or where the Japanese parent’s permanent address (honsekichi) is located. My bank wants my residence card details to fight terrorism. Sponsored contents planned and edited by JT Media Enterprise Division. A court is likely to decide that your three children should live together with one parent, unless they are already living separately or don’t have a particularly strong relationship with each other. Even when the parents divorce, both parents are obliged to share the expense of bringing up their children (Child Support, “Yoikuhi” in Japanese).
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