MK Family Law

On July 24, 2020, the U.S. District for the District of Columbia addressed an interesting request under the Hague Abduction Convention.  In the case of  Stone v. U.S. Embassy Tokyo, et. al. , Mr. Jack Stone sued the U.S. government to issue a passport for his first-born child.  Subsequently, he amended his filing.  In his Second Amended Complaint,  he argued that his wife left the United States for Japan on November 11, 2018, with his child and without his consent, out of fear that she would be deported because the U.S. government had not issued her a visa, despite the Plaintiff submitting a Petition for Alien Relative (Form I-130) over a year prior.  Mr. Stone then filed additional pleadings, which the court construed as a motion for leave to amend his Second Amended Complaint. In the Third Amended Complaint, Mr. Stone requested his child’s return under the Hague Abduction Convention, an order compelling U.S. citizenship for his second-born child, a visa f...

From Guest Blogger, Hirotaka Honda of The Honda Law Office   Japanese courts are coming in line with other courts about habitual residence in   東京高等裁判所令和元年（ラ）第２４０８号子の返還決定に対する抗告事件,  Tokyo High Court Reiwa Gannen(Ra) No 2408 Appeal against a return order of a child. On 15 May 2020,  the  Tokyo High (appeal) Court made a ruling, giving  more weight on how children ad a pted themselves to  a  place when they decide on habitual residence in Hague 1980 cases. The court judged on the habitual residence in the same way as other courts do, looking at every factor that relates to  a  degree of integration by the child into a social and family environment. In the first instance, the Tokyo Family Court gave great weight to the intention of the child’s parents (actually a parent) and found habitual residence in the Philippines. The appeal court revoked the decision and dismissed the petition for a return order. The ruling of the first...

In an unpublished appellate opinion on March 27, 2020, the Court of Appeal of the State of California (2nd Appellate District, Division 2) affirmed a mother’s request to relocate her child to Japan.   In re Marriage of Inoue (B289261 c/w B290642, Cal. App. 2020), had the child’s father appealing the trial court’s decision to allow the child’s international relocation.  Both parents were born and raised in Japan, and met and married in the United States.  Their son was born in the United States.  In November 2016, the petitioner mother requested permission to relocate with the child to Tokyo, arguing that her residence in Japan was the only option for her to become self-supporting and that both parents’ families would be a support system for her and the child in Japan.  The respondent father argued against the relocation and raised concerns that any California custody order would not be enforceable in Japan, that joint custody is not a recognized custodial ...