取扱分野

Divorce and the Hague Convention

Although divorce is not an uncommon occurrence, if you yourself face the issue of divorce, you will naturally feel confused and distressed. If you are a foreign national, these feelings may be compounded by a lack of familiarity about the applicable laws in Japan, the procedures, and the language.

When facing divorce, the issues involved are different for each person—whether or not you can get a divorce, what happens if you decide not to pursue a divorce, what problems will arise if you do get a divorce, and what will happen with child custody and child support, among others. At Kitoh & Takeuchi, we help sort out the various issues you face while taking into consideration your individual circumstances and provide precise advice about what rights you have and what steps you should take.

Kitoh & Takeuchi has a long track record of handling international divorce and Hague Convention cases (i.e., legal disputes regarding the return of children and visitation rights that arise between parents who have brought their children back to Japan from abroad and those whose children have been taken away, or between parents who have taken their children away from Japan to another country and those whose children have been taken away).

In fact, there are very few lawyers capable of handling Hague Convention cases in Japan since there are many intricate legal issues involved, such as international jurisdiction (i.e., which country’s court has the authority to render a decision in the case) and the governing law (i.e., which country’s laws will apply). For this reason, international divorce and Hague Convention cases need lawyers with expertise, specialized knowledge, and significant experience with these types of cases.

　Ms. Takeuchi is a member of the Hague and International Family ADR Subcommittee of the Family Law Committee of the Japan Federation of Bar Associations and the International Family ADR Subcommittee of the Dispute Resolution Center Steering Committee of the Aichi Bar Association. In 2016, she participated in the U.S. Department of State’s International Visitor Leadership Program (IVLP) about “International Parental Child Abduction”. In addition to international divorce cases, Ms. Takeuchi has significant experience in Hague Convention cases, including mediation procedures (international ADR) at the Aichi Bar Association Dispute Resolution Center and cases involving petitions for the return of children at the Tokyo and Osaka Family Courts.

Inheritance and Wills

The laws relating to inheritance and wills may differ depending on whether the decedent is a Japanese national or a foreign national. If the decedent is a Japanese national, the laws of Japan will apply to the inheritance procedures. On the other hand, if the decedent is a foreign national, the laws of the decedent’s home country will apply. If some of the heirs live overseas, their cooperation and participation in the inheritance procedures, such as reaching an agreement [among the heirs] about the division of the estate, will be needed.

Kitoh & Takeuchi has handled many cases in which certain heirs reside in a foreign country as well as cases in which a Japanese national residing abroad needs to arrange inheritance procedures in Japan about the division of an estate. Consultation is also available online.

Traffic Accidents and Labor Cases

Kitoh & Takeuchi handles traffic accidents and labor cases involving foreign nationals. For more than 10 years, Ms. Takeuchi has been engaged as a contracted lawyer at the Japan Center for Settlement of Traffic Accident Disputes where she provides consultation and mediation services, including for traffic accidents involving foreign nationals. In addition, since 2021, she has been a member of the Aichi Dispute Coordinating Committee where she serves as a mediator and conciliator for labor disputes between employers and employees at the Aichi Labor Bureau.

Criminal Cases

Most criminal cases occur quite unexpectedly. Even if you naively assume that you will not be arrested, quite often the police will arrive at your door early in the morning with an arrest warrant, or, in other cases you may be arrested suddenly without any warning at all. In the case of criminal offenses involving negligence, such as traffic accidents, you may be suddenly criminally charged for situations and outcomes that you did not intend.

Regardless of whether an arrest is made or not, once the investigation has started, the police and prosecutors will rigorously interrogate the suspect. Arrested and detained suspects are confined to cramped detention facilities, constantly monitored, and must endure unimaginable harsh conditions.

In criminal cases, the initial response is extremely important. Even if you have not been arrested, you can request a lawyer if an investigation has already begun. The sooner you do so, the better the lawyer will be able to respond appropriately. In the event of an arrest, the first step is to have the suspect released as soon as possible, and, if that is not possible, the lawyer must take steps to ensure that the police and prosecutors do not engage in unfair interrogations or make false statements. It is important to keep up the spirits of the suspect! When a suspect who cannot understand Japanese is arrested, the lawyer should meet with the suspect together with an interpreter and explain the criminal procedures and immigration procedures in Japan in an easy-to-understand manner.

We provide representation in criminal defense matters based on the following (this is based on the assumption that you will be appointing a criminal defense lawyer).

• 1. If the police or prosecutors have already started an investigation, basically we will provide defense in any criminal case. Our approach is to attempt to accept everything as it is and defend the case, including nationality, occupation, status, type, seriousness, and complexity of the case, progress of the investigation and trial, place of detention, and the circumstances up to this point.
• 2. As a general rule, we do not charge legal fees other than the retainer fee and remuneration. For example, if bail is granted, or if a settlement is reached with the victim, no additional legal fees are required. However, actual expenses such as photocopying expenses, or per diem allowances and transportation expenses for long-distance trips or court appearances, will be charged at the same rate as for civil cases.
• 3. In certain matters, we may collaborate with lawyers from other law firms we trust. Quite often, it is advisable to have several lawyers involved in the investigation and trial to make it possible to interview the client as frequently as necessary and to carefully build a defense strategy. In such a case, the legal fees will be explained in detail when we accept your case.
• 4. As lawyers, we must always give the highest priority to the wishes of the suspect. Therefore, there may be times when we may not be able to comply with the wishes of the person who is paying for the legal fees. For example, even if the family of the suspect pays the legal fees and wants the suspect to make a confession quickly in order to make the criminal procedure go more smoothly and to receive a more lenient sentence, the suspect may continue to insist that he or she is not guilty. In such a case, the defense strategy will be based on the wishes of the suspect.
• 5. We also accept referrals from other law firms and joint representation with other firm whenever possible. However, even in such cases, it is important to build a relationship of trust with the client, so it is important for us to meet with the client t and talk to them up front before deciding whether or not to take the case.