Parental Abduction out of Japan?

Question

Plz, I need to know. My close friend needs to get out of Japan with her kids. Her husband is extremely abusive, she was sticking it out, but now he is acting dangerously towards the children. How can she get out of Japan, with out immediatly having the kids extriditated back to Japan because of the freaking Hague Convention, and then possibly her to face the japanese courts for parental abduction. Plz, help would be extremely appreciated

Answer 1

Even though your friend needs to flee from her husband because of his abuse, why she needs to get out of Japan? Your point is not clear for me. Is she foreigners like Fillipina or Thai? Legal divorce or separation could be one of solution. She may ask the city hall where usually introduce citizen a kind of voluntary helper for some civil affairs mediation. Personal escape is not good idea.

Police is also helpless anyway as long as no crime happens to begin.  

Answer 2

I would suggest calling the police immediately.

The Japanese police has become much more cooperative toward women when it comes to domestic abuse/violence than before, in part because they always act in accordance with the manual, which has recently gone through a lot of changes to better protect the rights of women.

Even a tiny bruise on any of the children would be enough evidence to put him in jail.

That's the way things go in Japan these days.

Personal experience.

Answer 3

She can file for official divorce if her husband is really abusive.

In Japan, 90% of custody is taken by mother after divorce even if there was no abuse problem.

But in her case, I think she can take custody almost 100%. Consult lawyer first of all.

Answer 4

It depends on which country she is from (if she is from the US, her husband would have to have signed the children's passport forms in order for them to get passports and without the US passports, forget it!). If she is Canadian, she along with the kids would be extradited back to Japan immediately and she would be arrested for parental abduction.  She may want to check with her embassy to see what can be done.  It is very complicated legally and she would need to talk to an attorney as well.

Answer 5

As others have advised, she should consult a lawyer. She should take steps legally to divorce him. If she abducts the children, that could have consequences later. I dont know if there is a womens shelter near her, but she should find one or stay with a trusted friend until the divorce is final.