Visitation rights are established under Civil Code Art. 766(1) with the child's best interest as the primary consideration. When denied visitation: (1) Family court mediation (Family Proceedings Act Art. 244, 3-6 months). (2) Adjudication (Art. 39) if mediation fails. (3) Indirect enforcement (Civil Execution Act Art. 172) - monetary penalties per violation, requires specific terms per Supreme Court Decision 2013.3.28 (frequency, duration, handover method). (4) Tort damages (Art. 709) for unjustified refusal (¥hundreds of thousands to ¥1M). Restrictions apply for abuse, DV, child's strong refusal, or abduction risk. Third-party agencies (FPIC) offer coordination, handover, and supervised visitation.
Denied Visitation Rights in Japan: Legal Remedies When Parental Contact Is Blocked
Key Takeaways
- ✓Refusal of visitation requires legitimate reasons; unilateral refusal is generally not accepted
- ✓Indirect compulsion can enforce visitation terms set by mediation or adjudication
- ✓Child abuse or violence constitutes grounds for restricting visitation
- ✓Visitation is both a parental right and a measure for the child's benefit
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