Hey, guys, any help is very appreciated. Parties involved are two foreign nationals with an infant. Can husband just order wife to leave the house without the infant? We’ve been in Japan for 4 years now, married for 10. Legal marriage in home country. Infant born last year in Japan. Wife is child of Japanese national, husband’s has “long-term resident” visa status. Thanks!
6 comments
Nobody can order anybody to leave their own home, regardless of nationality or visa status.
The parent who leaves the home is ultimately less likely to get custody as they are effectively abandoning the child and no longer being the primary caregiver.
Thanks! About custody, wife stopped working to take care of the infant. Husband’s income comes from home country (family allowance). What’s taken into consideration in Japan before granting custody?
Sounds like you need to consult with a lawyer.
>Husband has “long-term resident” visa status
I assume you’re the mother/wife? So going to give something you can use to benefit yourself in this scenario…
Unlike spouse visa, the LTR visa is not directly tied to a functional marriage (even if it was granted due to being married to a child of Japanese national and/or a 3rd/4th generation long-term resident).
So the husband would be good until their LTR expires because they won’t need to notify immigration in the event of marriage breakdown, moving to different addresses or divorce, so no 6 month time limit to sort a new visa like spouse visa holders need too.
But ex-husband would have a real difficult time renewing their long term resident visa. Which if they don’t qualify for another visa would mean ex-husband needs to leave by default once the LTR visa expires. But if ex-husband does not have sole custody of the child then he won’t be able to take the child with him because that would child abduction.
So mother can use immigration status as a means to better obtain custody of the child because her right to remain in Japan doesn’t depend on anything due to being a child of a Japanese national
Of course always consult a lawyer.
Who’s name is on the lease / house deed? If both are on it, no one can tell the other to leave.
If police are called, they can strongly “advise” someone to leave temporarily until disputes are resolved, but nothing can be done forcefully without an arrest.
As others have advised – the primary caregiver will have lower chances of gaining custody post-divorce if they leave the residence..
If you’re the wife – look into shelters or consider moving somewhere cheap, -with- the child if you’re aiming for custody.
If the home country has joint custody and allows for divorce by proxy (e.g. neither have to be physically present), I’d highly advise going that route.
I’m gonna become a divorce lawyer and just offer my services in this sub