The problems experienced by foreign men and women with Japanese spouses with gaining access to children after separation or divorce, was highlighted at a recent press conference by the Japanese chapter of the Children's Rights Council, a Washington- based organisation. Saying the inability to maintain ties with their children was akin to child abduction, several foreign nationals spoke out against a system that they said denied their children the right to see them and the opportunity to develop closer ties with their biological parents. I have no news about her even while living a few hours away from her home. I call this a violation of my daughter's rights to have access to her father,'' he told the press. They have prohibited him from seeing me.'' In both cases the foreign spouses had signed divorce papers that had, without their knowledge, included the awarding of custody of their children to their estranged husbands or wives.
Japanese laws recognise divorce, granted on mutual consent, on a form signed by both parties.
I was shocked to realise that I had signed away my right to see my child and also denied my son's right to have a mother as well as enjoy a different culture,'' recalled Leyman. In desperation, she tried to get at least visitation rights to her child. This is because Japanese tradition views children not as individuals with their own rights but as belonging to the family,'' she added. The whole experience is very painful for these distraught women,'' she explained. Fukushima says in many cases, Asian women estranged from their Japanese husbands are at the losing end of custody battles.