1.What is International Jurisdiction?
International jurisdiction refers to the power of a court or other organizations to hear and determine matters between different countries or persons from different countries or foreign states. Individuals with multiple residences may encounter certain difficulties regarding divorce jurisdiction.
Therefore, when you decided to take action to get a divorce, firstly, you should carefully examine this matter of international jurisdiction.
This means you need to choose the appropriate court among related countries based on your residence and/or your nationality.
Please note that if you choose an unlawful jurisdiction, your case will be dismissed. The jurisdiction you have to file on your case is dependent on each countries’ relevant laws/provisions.
2.International Jurisdiction in Family Law in Japan
(a) In Japan, Japanese statute does not contain any provision regarding international jurisdiction with respect to transnational divorce case. To determine the jurisdiction you will need to file, you should carefully consider the nature of your claim.
(b)General Rules and Court Decision
- Generally, if your claim is divorce or your divorce claims accompany other claims, for example, demanding compensation for mental suffering, then Japanese courts have jurisdiction if the defendant resides in Japan.
- Also, the supreme court has held that Japanese courts have jurisdiction if the defendant has abandoned the plaintiff, or if the defendant has disappeared or the equivalent reasons thereof.
- If, however, your claim does not accompany a divorce claim, the jurisdiction shall be as follows;
- Child Custody, Visitation
Japanese Court have jurisdiction if the children reside in Japan
- Maintenance Costs/Expenses
Japanese Court have jurisdiction if the defendant or the children resides in Japan.