Q-3) Q-3) I am a Filipino and now live in the Philippines. I have a son who is now 12 years old. His father is Japanese. We stayed in Japan, but I was deported back to my country for overstaying. We are not married. After I came back here, I gave birth to our son, but he didn’t want to recognize our son and left our son until now.
I want him to meet my son because, I want my son to grow up and study in Japan, but I don’t know how to do it.
Please advise and help me.
(Ruby in Davao-city)
A-3) First, you by yourself must find the present address of your son and contact him. Then, you must request him to recognize your son. At that time, you can explain to him that “I can file this case to the Family Court in Japan through a lawyer if you do not recognize our son. A Japanese lawyer said to me that there is a method of compulsive cognition through the Family Court”. As you know, it is called the “cognition” that a father accepts your child as his child also. There are two kinds of cognition in Japanese Law.
One of them is “Arbitrary cognition”. The arbitrary cognition is that those who become a father take out a cognitive report by themselves. The organization which submits a cognitive report is a municipal office which has jurisdiction over his permanent domicile.
The other one is “Compulsive cognition”. Compulsive cognition means that is to make a father force the cognition in the name of a child through the Family Court when a father does not do arbitrary cognition. The organization which states compulsive cognition is the Family Court which has jurisdiction over his permanent domicile. Therefore, his family register is always required in order to prove his permanent domicile in any case.
The flow which carries out the compulsive cognition is as follows.
1) One of them is the method of stating “Cognitive mediation” to the Family Court.
When asking for compulsive cognition, first of all, a child must state cognitive mediation to the Family Court. If a father does not recognize a child fundamentally, a child cannot make him accept it since the cognitive mediation is talks.
2) The other one is the method of starting the “Action for recognition” to the Family Court.
When a father does not accept cognition in the cognitive mediation, a petition by a child will be started to the Family Court. A child must assert and prove that the child-parent relationship (blood relationship) in biology exists between a child and a father.
The most leading method used in order to prove whether there is any child-parent relationship is a DNA test. The sample of both a father and a mother are required for a DNA test as a principle. In that case, an important thing is that the DNA test must be the “legal judgment” which can be used in a trial, but not the “Private judgment”. The “Legal judgment” is the judgment aiming at using as a proof of child-parent relationship in a mediation, a trial, etc. If a father refuses a DNA test, it is difficult to prove the child-parent relationship as a proof, but it is supposed that a child can prove also by accumulating what is called circumstantial evidence.
On the other hand, if a father is sure that there is no child-parent relationship truly, it will be better to receive a DNA test. Refusing a DNA test may lead to accepting a child-parent relationship. If a father runs from place to place, his head will be fastened to the contrary. When a father does not attend a litigation but resists a DNA test, a judge eventually decides the judgment. In this case, the mother side must present evidence required in order to prove a paternal Partin, and she must get a judgement by a judge.
The required testimonium is as follows, for example.
-Messages exchanged before and after pregnancy or a childbearing, such as social networking service and DM.
-The photographs of those days in which a father and a mother had associated.
-Testimony of their friend in a photograph.
-Proof of there being no inconsistency in a blood type.
-Fact of a physical affair with the man considered to be a father at pregnancy time.
-Fact without a physical affair except for the man
For more details please Contact:
Office name: Miyoshi International Legal Counsel Office
Telephone/Fax (Japanese/English): 0463-61-6305 (Office) or 090-1436-4107(Mobile phone)
Address: Kanagawa-ken, Naka-gun, Oiso-cho, Higashikoiso 716-2
Nearest station: Oiso station by Tokado Line
Working hour/day: 09:00-18:00/Monday-Friday (Saturday by appointment)