Client’s attributes: Female civil servant in her 20s Client’s attributes: Male civil servant in her 30s Task details: Request for handing over of child who was abducted by her husband
| Result of request from law firm ALG | ||||
|---|---|---|---|---|
In this case, the client’s wife became unfaithful, and the husband (the other party) became so angry that he unilaterally took away the child (who was 5 years old at the time) and returned to his parents’ home. .
Although the client was at fault for the act of adultery, he could not accept the attitude of the other party, who involved an innocent child, separated him from the client, and refused to let him see him, so he asked our firm to take action. did.
Defense policy/lawyer response
After accepting the position, I made a strong request to the other party to promptly return the child to its original environment, but the other party became emotional and refused to respond at all, so I immediately went to court to request that the child be designated as the child’s guardian and that the child be handed over to the court. We filed a petition for a temporary restraining order prior to trial.
At the trial, the other party claimed that the petitioner was unfit to be a parent because he had engaged in adultery, but in our case, the client had consistently been responsible for raising the child from birth. Although it is important to reflect on what has been done and the acts of unfaithfulness, there are also actions that have a negative impact on the child, such as abandoning the child’s upbringing. It is extremely problematic from the perspective of the child’s welfare and interests to suddenly separate a child who knows nothing about it from their mother and familiar environment based on the fact that there was no wrongdoing, and that adultery is a problem between husband and wife. He carefully argued that the child should be returned to the client’s care as soon as possible.
Law firm ALG&Associates
Activities and resolution results of lawyers in charge of divorce cases at Chiba Law Office
As a result, our claim was accepted, and a judgment was finalized requiring the other party to hand over the child to the client.
However, the other party ignored the referee and refused to return the child, and continued to ignore repeated persuasion.
I had no choice but to apply to the court for compulsory execution of the handing over of the child, and together with an execution officer, I went to the parents’ home where the other party had custody of the child, to force the handing over of the child.
Although there was strong resistance from the other party during the compulsory execution, they took a resolute attitude and were able to safely remove the child and hand it over to the client.
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