I left my Japanese husband on holiday whilst visiting my parents. He agreed to our separation and allowed me to retain our son. Our marriage took place in Tokyo under Japanese law and we resided there for about three years. Our son has dual British/Japanese nationality and was born in Tokyo. The reason for the separation was domestic violence and since then I have been awarded a divorce in the English courts and in a seperate hearing full residencey "custody" and a prohibative steps (the later alerts the port authorities if he is snatched). At this time my former husband was resident in Japan. (Although I have full custody I have not prevented my former husband visiting my son - he has just not asked to do so!)
Following the English court decision I received papers from the Japanese family court in Tokyo asking me to respond to my former husband's demand for a divorce on the grounds of abandonment, he also wants custody of our son and 1 million yen compensation. From all that I read on the Internet the Japanese courts are likely to discriminate against me. I also have custody of our son and since the court decisions are not enforceable is there nothing my former husband can do anyway?
My question is since I already have a prior decision in the UK courts and custody should I challenge my former husband through the Japanese courts? If yes what are the benefits of doing so?
Your advice is much appreciated!!!! |