Custody of my Sister
QUESTION
I am Lester, 23 years old, a civil Engineer, Filipino citizen. I hope you can help me. I came to Japan in June 2018 until October 2018 to take care of my mother. She passed away in September 26, 2018. I have an 11-year-old sister who was born in Japan and grew up there. The city hall gave the custody to my mother’s Japanese friend who is also the husband of my aunt (mother’s sister). With my consent as well, I chose my sister to be in their custody rather than being in an orphanage. But now, my sister wants to be with me and she gets really sad, it’s just the two of us. I am thinking of getting the custody and bring her here in the Philippines. Please help me if this is possible.
ANSWER
The change of a person’s in parental authority is indispensable the decision of mediation or a referee by the Family Court. Therefore, when you wish to change your younger sister’s parental authority, you must visit Japan again, and also it is necessary to state the mediation of “parental authority change” to the Family Court which has jurisdiction over your younger sister’s address.
The Family Court is supposed to determine whether your appeal should be accepted or not after they would have heard the statement from you and aunt/her husband. In that case, the following points are examined:
- Does the environment where your younger sister grew up have a problem now or not?
- Does changing your younger sister’s parental authority have profits for her or not?
If there is no problem on these two points, the parental authority change will not be accepted by the Family Court. Especially, when you would accompany your younger sister to the Philippines, do you have the capability to do custody and bringing up of your younger sister more than your aunt/her husband? It is always examined whether your life and income are stable, and whether you have enough time to look after your younger sister. As you quite understand it, it is possible to state the mediation of parental authority change when you think that you are satisfying these requirements.
Office name: Miyoshi International Legal Counsel Office
Telephone/Fax (Japanese/English): 0463-61-
E-mail: miyoshi@ipcworld.co.jp or joshua-galasha@mvg.biglobe.ne.
Website: www.phildigest.jp
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-