In the Best Interest of the Court: Child Custody and Divorce

Posted on January 16, 2011. Filed under: Child Custody and Visitation, Japanese Family Law | Tags: , , , , , , , , , , |

Colin Jones, law professor at Doshisha University in Kyoto, has written a paper titled “IN THE BEST INTERESTS OF THE COURT:  WHAT AMERICAN LAWYERS NEED TO KNOW ABOUT CHILD CUSTODY AND VISITATION IN JAPAN”. The title speaks for itself. If you are divorced, thinking about getting a divorce, or know someone that is divorced, I highly recommend that they read this long and informative paper about the Family Courts in Japan.

“Thus, while my description of the Japanese system in the context of child custody and visitation may seem to portray it as illogical, it is not. It functions adequately in protecting the interests of the judicial system and its actors. Of course, protecting the interests of children is also a goal of the family court, but in the context of divorce, there is no way for an outsider to separate the best interests of the child from that of the court. Tellingly, when child custody enforcement problems are debated, the focus is often not on the tragic impact it has on parents and children, but on its effect on the people’s trust in the legal system.”

Professor Jones discusses judges, mediators, investigators, custody (shinken & kangoken), visitation rights, and more.

You can read the full 104 page pdf report here.

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