DV Get the Child Back

Q. I am a woman with a _______________ Nationality.  I got married in Japan and I live here.  My Japanese husband controls me and I find it hard to go outside.  Yesterday, my husband hit me and while carrying our child because we were about to leave the house my husband chased us and he forcibly took our child.  Since that day, I didn't return home and stayed at my friend's house.  I was worried with my child so I consulted the Police but I was assured that my child is attending Elementary School regularly and there is no problem.  I was hoping to leave the house with my child but my husband was against so it didn't materialize.  My child does not like his father who hurts me so it is just expected that he likes to live with me.

A. DV victim whose child is taken away by the assailant will end up leaving the house alone.  There are many cases like this.  After they will consult to get the child back but it becomes complicated.  The reason is that both parents have parental authority/rights over the child.  If you don't have the intention to go back to the house where your husband and child live, please consult a lawyer who is well-versed with this problem.  If you will divorce, which parent will raise the child will be decided.  If the child wishes to live with the mother, at the age of majority he could express his wish, and from this there is that possibility for the mother to acquire the custody.  Basing from the condition/situation on how the child was brought up, whether the mother is in the better position to raise up the child can be decided.  In this case, it is important to emphasize that because of DV, your child was affected psychologically.

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