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For those who apply for the Legal Aid
In order to apply for Civil Legal Aid for an international case of removal of a child ("Hague Convention Case") with Japan Legal Support Center, in principle, you should satisfy the following requirements: (i) decision for assistance by the Central Authority has been issued, and (ii) a lawyer has been retained. In case if you have received a petition for seeking return of a child or claim for seeking visitation or other contacts with a child, as an opponent party of a Hague Convention Case, the requirements of (i) and (ii) above will not be required. The case would be treated as a regular civil case, however, we strongly recommend to. consult with local bar association in your jurisdiction at first.
Civil Legal Aid is a system which extends loan for fees and costs necessary for the legal procedures in Japan. The borrowed amount must be repaid by the recipient of the Aid, normally in instalments.
Japan does not have a system that a defeated party bears fees and costs and a prevailing party is awarded such amount. Therefore, all actual costs and initial payment to a lawyer will be borne by a recipient of the Aid, regardless of the outcome of the case. You should also bear remuneration for the lawyer in addition to the actual costs and the initial payment, except for the limited situations, such as complete lost of the case.
For the details, please refer to the following link:
[Guide to the Civil Legal Aid of the Hague Convention(PDF:220KB)]
Contents
1. Types of Aids provided under Civil Legal Aid
2. Requirements to Apply for the Aid
3. Means Test (criteria of income and assets)
4. Application for Representation Aid
5. Standard Amount to be Loaned
6. Repayment of the Loan
7. Procedures after the Commencement of Aid is Decided
8. Matters to Pay Attention while the Case is Pending
9. Completion of Aid
10. Payment of Costs
11. Appeal against Decision of the Chief of the Local Office[Request for Appeal(PDF:125KB)]
[Dismissal Request(PDF:110KB)]
12. Request for Re-examination
13. Legal Consultation Aid
14. Treatment of Personal Information and Other Submitted Documents