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the Hague Convention and the Civil Legal Aid

The Act for Implementation of the Convention on the Civil Aspects of International Child Abduction ("Hague Implementation Act") has been enacted in order to implement the Convention of the Civil Aspects of International Child Abduction (the "Hague Convention") in Japan as of April 1st 2014.

According to the provisions of the Hague Implementation Act, a foreign national residing outside Japan who has been out of the scope of the Civil Legal Aid will be able to apply for the Civil Legal Aid for an international case of removal of a child (the "Hague Convention Case") if such foreign national (i) resides in or (ii) is a national of, a Contracting State of the Hague Convention.

Civil Legal Aid is a system which extends loan for attorney's fee or interpreter's fee or translation fee, etc. to persons of limited means, without interest, for exercise of their rights under the law. The borrowed amount should be repaid, normally in instalments. In order to apply for the Civil Legal Aid, certain requirements should be met, among others, income of applicant should be lower than a certain level.

For the Hague Convention Cases, the loan under Civil Legal Aid is available for attorney's fee and other actual costs for the legal procedures at Japanese judicial courts for seeking (i) return of a child, (ii) Ne Exeat Order (order not to depart Japan), (iii) compulsory execution or (iv) visitation or other contacts with a child, and settlement negotiations and ADR procedures for the same.

Please note that Civil Legal Aid does not cover any procedures outside Japan.

the Hague Convention