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Divorce And The Best Interest Of The Child: Disputes Over Visitation And The Japanese Family Courts, Takao Tanase, Matthew J. Mccauley
Divorce And The Best Interest Of The Child: Disputes Over Visitation And The Japanese Family Courts, Takao Tanase, Matthew J. Mccauley
Washington International Law Journal
The following is a translation of an article written by Professor Takao Tanase for the December 2009 edition of Jiyū to Seigi, a Japanese legal periodical. Divorce and familial breakdown has become a major problem in modern Japanese society, yet the law does not provide any meaningful protection for the noncustodial parent. Professor Tanase analyzes this issue from a comparative and theoretical perspective, looking at the current Japanese visitation laws in place today, while contrasting those with the system in the United States. He also looks at how those laws affect actual families, and how the courts have implemented …
Divorce And The Welfare Of The Child In Japan, Matthew J. Mccauley
Divorce And The Welfare Of The Child In Japan, Matthew J. Mccauley
Washington International Law Journal
Current Japanese legal institutions are ill-equipped to resolve the complicated issues surrounding visitation, custody, and divorce. Japanese views toward family and society have changed greatly since the post-World War II family law was enacted in the 1950s, but the law has not evolved accordingly. This is especially clear in the methods used to determine custody and visitation, as well as the kyōgi rikon, or divorce by mutual consent system. Policy makers and activists are both working to resolve this problem, but their ongoing struggle has yet to produce any tangible results. This comment argues that the Japanese legal system …
An Alternative To Impact Litigation In China: The Procurator As A Legal Avenue For Cases In The "Private Family Sphere" Of Domestic Violence, Hai-Ching Yang
An Alternative To Impact Litigation In China: The Procurator As A Legal Avenue For Cases In The "Private Family Sphere" Of Domestic Violence, Hai-Ching Yang
Washington International Law Journal
Impact litigation, a popular technique among non-governmental organizations, while yielding numerous benefits, exercises limited influence over traditional family matters in China, like those of domestic violence. A closer examination of the factors attributed to the failure of the domestic violence case litigated by the Peking University’s Center for Women Law Studies and Legal Aid Services highlights the need to explore the potential of the procurator. As cases and events show “family matters” transgressing from the private to the public sphere and as setbacks continue to plague non-governmental organizations in their struggle to advance social causes, the institutionalized procurator can utilize …