http://www.japantimes.co.jp/news/2017/05/05/national/social-issues/parental-abduction-victims-hold-rally-push-joint-custody-rights/

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Parental abduction victims hold rally to push for joint custody rights

BY 

STAFF WRITER

Parents deprived of their children held a rally Friday to push for introducing joint custody to the Japanese legal system and to raise awareness of the plight faced by their offspring when marriages fall apart.

Marching through the Asakusa district in Tokyo’s Taito Ward, about 30 Japanese and foreign participants held up a multilingual banner reading, “Stop Parental Child Abduction!”

Demonstrators also carried signs reading “More visitation time” and “Affection from both parents to children” during the hour-long march on Children’s Day.

It was the first rally organized by Kodomo no Kenri wo Mamoru Bekkyo Oya Forum (Forum for Left-Behind Parents Protecting Children’s Rights) to address the problem of parental child abduction in Japan.

“I want people to know that children have the right to see both of their parents and that parents are responsible for accomplishing that,” said Daisuke Tanaka, the organizer of the event.

Tanaka has been struggling to spend time with his daughter since his wife whisked her away in March 2016. Since then, he has only been allowed to meet her twice a month for three hours at a time, he said.

Other participants told The Japan Times similar stories.

In most cases, a spouse abruptly leaves with the children before filing for divorce or custody rights. Tanaka said child abductions will only continue to fester unless Japan approves the concept of granting joint custody.

“It’s usual for the court to give custody to the parent who lives with the child, and that’s why there are so many cases of abduction. If there’s joint custody, better conversations and negotiations would likely take place,” he said.

Michihiko Sugiyama, a lawyer who participated in the demonstration, said the biggest issue is that Japanese law only allows custody to be awarded to one parent. Once separated from his family, he decided to take part in the rally to share his experience.

The civil code requires parents to decide on visitation and custody arrangements, but research shows people are increasingly forgoing such discussions and heading straight to court mediation. In fiscal 2015, 12,264 cases of mediation involving visitation rights were accepted in family courts nationwide, almost double from 10 years earlier, according to court data.

A group of lawmakers is drafting a bill to help divorced or separated parents see their children more easily, but the issue has yet to gain traction. Some are concerned that parents with a history of domestic violence are too dangerous to be granted visitation rights.

Rally participant Susumu Ishizuka, 48, claimed there must be better awareness of the issue because the current perception is that abandoned parents may have committed domestic abuse.

“People who are against such a bill are linking left-behind parents with domestic violence too easily without sufficient understanding,” said Ishizuka, whose spouse ran off with his 5-year-old child three years ago. Their divorce has not been finalized, but according to the court’s decision, he is only permitted to see his child for two hours every two months.

“I can only meet my child in an appointed place, and I’m not allowed to give them presents. This is far from a parent-child relationship,” he said.

http://www.japantimes.co.jp/community/2017/04/26/how-tos/help-seeking-left-behind-parents-japan/#.WQkeEhiZPVp

Help for those seeking left-behind parents in Japan

BY 

SPECIAL TO THE JAPAN TIMES

Two adult daughters contacted Lifelines hoping to get help with issues related to their fathers. One is looking for information pertaining to a legal case over her late father’s health while he served in the U.S. armed forces in Okinawa.

First, however, is M.Z., the daughter of a foreign mother and Japanese father. She was taken from Japan as a young child and has not seen her father in 25 years, but she would now like to reestablish contact with him.

Japan formally joined the Hague Convention on International Child Abduction in 2014, which states that children under 16 should be returned to their country of “habitual residence” if taken across international borders by one parent. According to the Foreign Ministry, this move has helped reduce abductions to Japan, and has aided in the successful return of children both to and from Japan. However, the treaty is not retroactive, so it has no bearing on cases that occurred before it came into effect.

M.Z. writes: “My father instructed me to contact him but I was scared and confused, so I didn’t. Now I’m looking for my family in Japan so they can know my children. I have language limitations because I don’t speak or read Japanese. Are there any organizations that help children to contact their Japanese families?” M.Z. adds that she had tried contacting various groups on her own but had met with little support.

I contacted John Gomez at Kizuna Child-Parent Reunion (Kizuna CPR), a Japan-based NPO group that advocates for left-behind parents and their children.

“We are working to enable children in Japan to have loving relationships with both of their parents,” says Gomez. “To achieve this, we support changes in public policy, raise public awareness and help individual cases.”

Sadly, losing contact with a parent is all too common for children of divorce in Japan.

“Within Japan, the research that we have done indicates that since 1992 there have been an estimated 3 million children who have lost access to one of their parents after divorce,” says Gomez. “This is about 1 in 6 children. This figure was derived by looking at divorce statistics and surveys from the Ministry of Health Labor and Welfare, showing what percentage of parents do not visit their children after divorce in Japan. Japanese government officials acknowledge this number when they cite about 150,000 children per year losing access to one of their parents after divorce.”

Gomez adds that in international cases of abduction from the U.S. to Japan alone, more than 400 children have been reported abducted between 1994 and 2015 and almost none of these U.S. children have ever been returned by a Japanese court order.

Gomez encourages M.Z. and others like her to reach out, as many parents have also been seeking their children over the years. He notes that social media and the internet are useful tools for enabling such reunions, and that he has personally witnessed some.

“Never lose hope, never give up,” he advises. “With effort and perseverance, amazing results can occur. As the social mind-set in Japan changes, more reunions will happen. It is a human right for children to have a relationship with both of their parents and among the most important things for any person to experience in their life. This is an important part of what makes us human. Recovering this relationship makes us whole again.”

In a follow-up email to Lifelines, M.Z. echoes this sentiment, explaining that she has developed a new perspective on her situation over time and after becoming a parent herself.

“I didn’t speak about what happened for 20 years,” she writes. “One day browsing on the internet, I found an article about children’s rights in Japan. Until this time I had always thought I grew up in a violent environment, but I have discovered it was so much more complex than that. I’m talking as a daughter, as a mother and as a part of a multicultural family.”

Lifelines wishes M.Z. success in her search for her father. Contact info@kizuna-cpr.org or visit www.kizuna-cpr.org for more information about Kizuna CPR. If anyone has any tips or personal experience in a case like M.Z.’s, please share your story.

American reader A.P. is looking for anyone who knew her father, Howard Grisso:

“My dad served as a weatherman at Naha and the Kadena Air Force Base (in Okinawa) from 1965 to 1966. Last year he passed away from angiosarcoma, which is caused by Agent Orange, according to his oncologist. He began the fight with the U.S. Department of Veterans Affairs prior to his death, but they have denied his case twice and now we are waiting on a hearing/appeal. We have been instructed to get buddy statements and do research on the base. We would like to hear from anyone who may have known Howard Grisso, or has any pictures of the base during that time or any other information.”

If you can help A.P., please contact Lifelines and we will put you in contact with her.

Send your queries and comments to lifelines@japantimes.co.jp.

http://www.japantimes.co.jp/community/2017/05/01/issues/three-years-japan-signed-hague-parents-abduct-still-win/#.WQkWUBiZPVo

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Three years after Japan signed Hague, parents who abduct still win

BY 

SPECIAL TO THE JAPAN TIMES

As he sat waiting in a van near his estranged wife’s family home in Nara, where his four children were living, James Cook felt very alone. It was an emotion he’d become all too accustomed to in the years since his wife had taken the children on a holiday to Japan and never returned, leaving him the sole inhabitant of their former family home in Minnesota.

“I was alone in our family’s home,” Cook says. “Alone with our children’s rooms just as they left them on July 13, 2014. My location was different, but the feelings of being all alone were the same.”

Meanwhile, at the his wife’s family home just across the road, the most important thing in Cook’s life — whether or not he would be reunited with his children — was being determined in his absence. It was Sept. 13, 2016, and after years of seemingly endless court motions, filings, petitions, decisions and appeals in both the U.S. and Japan, finally, in theory at least, he would have his children — two pairs of twins, now aged 9 and 14 — returned to him.

Through the Hague Convention on International Child Abduction, Cook had successfully petitioned to have his children returned to their home in the United States and a “return order” had been issued by the Osaka High Court. However, the children’s mother, whose name is being withheld out of consideration for the children, was still refusing to hand the children over, so the case had moved to the final “direct enforcement” phase.

The day before, Cook and his mother, who had come with him to Japan to help with the children, met with officials from the Japanese Central Authority (JCA), the Foreign Ministry agency responsible for handling Hague-related matters, at Nara District Court to formulate a strategy to ensure the handover of the children.

“Maps of streets and the neighborhood with locations of each group were displayed on the large conference table in the NDC conference room,” Cook recalls. “It looked very well planned and gave me a sense of hope that we might be successful.”

Cook and his mother departed their hotel in Osaka before dawn to make the 5:25 a.m. train that would take them, accompanied by their lawyers, to Gakuen-mae Station in Nara.

At a rendezvous point, Cook’s party met with JCA officials, got into a van and waited for instructions. Shortly after, a call came through to Cook’s attorney that Nara court enforcement officers had approached the house and confirmed that Cook’s wife and the four children were present. At 6:55 a.m. they entered the building.

While Cook and his mother waited in the van, a total of 17 people were now present at the Cook’s wife property just down the street: Cook’s wife, the four children, their Japanese grandparents, two police officers, Cook’s two attorneys, a JCA official, two JCA-appointed psychologists, a Nara court bailiff and two officials from the U.S. consulate in Osaka.

At around 8 a.m., Cook’s attorney delivered the news that the children were very upset and did not want to see him, although later they did agree to see Cook’s mother. Cook was left alone in the van with his thoughts.

At 10 a.m., Cook’s mother returned looking “very traumatized,” but he still believed that finally, his turn to see the children must have arrived. “My emotions were welling up and I was putting on my emotional armor in preparation. As I looked up to find my way out of the van, I was stopped by a sad look on my attorney’s face. She told me our children still refused to see me and that NDC officers had called off enforcement already. I was a block away for three hours from my children, waiting for my turn. I was in shock and just sat in my seat.”

Shackled by legal limits

Three years have passed since Japan became a signatory to the Hague Convention, which is designed to ensure the timely return of children to their country of residence after abduction by one parent to another member country.

The Foreign Ministry’s Hague Convention Division is quick to point out that of the requests to repatriate children from Japan made in the first two years after signing the convention, about 90 percent have been resolved. But the details of how these cases were “resolved” are less clear, as judgments are not published and the ministry will not comment on specific cases.

According to the ministry, of the 68 requests to return children to a foreign country under the convention in the past three years, 18 have resulted in returns. Twelve more requests were “dismissed,” 19 have been “settled not to return the child to a foreign state” and another 19 cases are still open. In other words, just under 30 percent of requests for the return of children made in the past three years have resulted in children leaving Japan.

The ministry confirmed that in two cases during the first two years of Japan having signed the Hague, direct enforcement was carried out. It added that there had been a “limited number of cases in which the children’s release has not been achieved” through direct enforcement, without offering exact figures. Based on these unsuccessful attempts, the Hague Convention Division said by email, “We will keep monitoring these cases and continue to review our implementation of the Hague Convention closely as necessary.”

In its 2016 Annual Report on International Parental Child Abduction, the U.S. government concluded that “Japan failed to comply with its obligations under the Hague Abduction Convention in the area of enforcement of return orders.” Citing a case in which a Japanese return order issued in early 2015 was still unresolved by the end of the year, the report raises concern that there may be “a systemic flaw in Japan’s ability to enforce return orders.”

Bruce Gherbetti, a director with the Kizuna Child-Parent Reunion nonprofit organization, believes that failed direct enforcement procedures are inevitable considering the legal limitations placed on officials charged with carrying them out.

“They are following … Japanese domestic law, which is tied to the Hague Convention, and they are doing everything within their power, but their power is so extremely limited that … they are either requesting of the taking parent or requesting of the abducted child that they come voluntarily,” he explains. “So it is essentially asking permission of the kidnapper in order to enforce the return order. I mean it is a court order, yet they are begging and pleading.”

Under domestic legislation introduced to help Japanese authorities implement Hague returns, the only physical contact permitted is for a court bailiff to restrain the abducting parent if he or she tries to stop the child from voluntarily leaving.

Last year, the justice minister asked an advisory panel to look into revising the Civil Execution Law to set down specific procedures for enforcing court orders on the handover of children between divorced parents. The government is expected to submit a bill based on the committee’s findings next year.

However, Colin P.A. Jones, a professor at Doshisha Law School in Kyoto, doubts this process will result in more Hague returns. “I think experts expected the enforcement procedures adopted for Hague cases would ultimately become the standard for domestic cases as well. So I don’t expect much more than that. I certainly don’t expect it to result in any improvements in enforcement of Hague return orders,” Jones says. “Absent a significant change of policy — starting to impose criminal sanctions for noncompliance, for example — the basic limits on how to forcefully transfer ‘possession’ of a child without harming the child physically or emotionally will always apply, and taking parents will continue to be able to effectively use the children as ‘human shields’ against the judicial process.”

Time is on the abductor’s side

Gherbetti believes time is a critical factor in abduction cases, and this issue is at the heart of Japan’s failure to successfully return abducted children.

The Hague treaty “calls for six weeks of adjudication because they don’t want the child held outside their habitual residence longer than that,” he says.

Gherbetti says that although the international standard for Hague returns tends to be closer to six months than six weeks, in Japan the process often takes considerably longer — around 18 months or more — giving the abducting parent time to bond with the children and acclimatize them to their unfamiliar new surroundings.

Gherbetti blames an over-emphasis in Japan on the mediation portion of the convention for drawing out the process.

“So, similar to their domestic system, they try to have an amicable resolution,” he argues. “They much prefer mediation and an agreed-upon solution than an actual court order.”

Article 13 of the Hague Convention outlines situations where signatory states are not bound to order the return of a child. One such situation outlined in Clause B of the article is when “there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.”

When crafting domestic legislation to handle Hague cases, Japan’s lawmakers “came up with a document that allows them to greatly expand the 13B grave-risk category, and they have created a number of loopholes that ensure they don’t actually have to be in compliance with the convention,” Gherbetti says. “The ‘grave risk of return’ is originally intended for situations where you have a child abuser — you are not going to return a child to someone who has physically or emotionally, etc., abused that child and there is clear evidence of such. To say that someone has habituated to the new environment doesn’t fall under the original intention of 13B. That is for certain.”

Parental alienation syndrome

On Sept. 15, two days after the unsuccessful attempt to enforce the return order in the Cook case, a second direct enforcement attempt was carried out at his estranged wife’s house.

This time, Cook’s two youngest children were away on a school camping trip, but Cook was allowed into the house on the condition he would not take the children back to the U.S. that day. Cook says he spoke to his two older sons from a distance, although did not actually see them, as they were hidden elsewhere in the house.

Cook says the boys called out “You’re not my father anymore,” “I don’t want to know you” and “Can’t you see we are happy here and don’t want anything to do with you anymore?”

Cook believes his wife and her family deliberately turned the children against him, a classic case of parental alienation syndrome. He also thinks they coached his children to make these types of statements, which are similar to those they used in interviews with court officials during the mediation process.

Noriko Odagiri, a professor of clinical psychology at Tokyo International University, says that although she is unable to comment on specific cases, the risk of children who are victims of parental abduction developing parental alienation syndrome is very high, and children up to the age of 12 are especially vulnerable.

Odagiri says this condition, which she calls a form of “brainwashing,” develops due to the material circumstances the child is forced into, and also the behavior and attitudes of the taking parent. She adds that it is a violation of the will of the child. “The child has no choice because they are dependent on the alienating parent both financially and emotionally,” Odagiri says. “They come to believe the alienating parent is the best parent and they can’t live without them.”

Odagiri believes this is a form of child abuse that can have a serious, long-term negative impact on mental health that can remain through adulthood. “When they grow older they recognize the whole map of their life and what happened to them as a child,” she says.

Cook’s wife failed to comply with a Minnesota court order to surrender the children’s passports to the U.S. Consulate in Osaka by April 7 and release them into Cook’s care by April 23. Cook flew to Japan and was present at the consulate in the hope that he would be reunited with his children. But again, he left alone.

Cook is appealing a decision made by the Osaka High Court in February to revoke the earlier judgment granting him the return of his children, based on its opinion that Cook lacks the means to support the children in the U.S. He was granted the right by that court to take his appeal to Japan’s Supreme Court and is now preparing arguments.

“I am a loving parent and a loving parent never gives up, never gives in, never manipulates their children and, above all, recognizes that their children possess the same human rights as they do,” he says. “Children are not property, children love both their parents and a part of a child dies when they are denied the other parent.”

The Japan Times made a number of attempts to contact Cook’s wife for comment by telephone but she could not be reached, and no replies to emails sent to her address were received. An attempt was also made to reach her through her lawyer, Tomoko Kamikawa. Kamikawa declined to comment and said she was unable to assist with contacting her client, because she was not representing her in relation to her communications with the media.

Loving from a distance

Paul Halton’s children were abducted to Japan from the U.K. by his Japanese ex-wife in 2014, a year after the couple divorced. Dual custody of the three children was awarded in the English courts during divorce proceedings.

The courts also stipulated that the children should live in the U.K. and placed a travel embargo on the mother taking the children to Japan that applied until the country implemented the Hague Convention. Japan signed the convention on April 1, 2014, and in August of that year the children were abducted. On March 31, 2015, the Osaka Family Court ruled that the children should be returned to the U.K. under the Hague Convention . The mother’s appeal was rejected three months later and a return order was issued by the courts.

After Halton’s ex-wife continued to refuse to comply and return the children to the U.K., an order for “indirect enforcement” was carried out. Indirect enforcement, a mandatory part of the Hague return process, involves attempting to make the abductor pay fines to the other parent, usually ¥5,000 per day per child. This step must be carried out before direct enforcement is attempted. Halton says he never received any money from the mother, as she was able to avoid making payments by claiming welfare and thereby obtaining beneficiary status.

With two years having passed since he’d seen his children — now 12, 10 and 7 — Halton decided to take the next step and proceed with direct enforcement. This was attempted on Nov. 29 and Dec. 1 of last year.

Officials and social workers were unsuccessful in executing the return order. However, they did manage to persuade his ex-wife to let Halton take the children for a day trip to Universal Studios Japan in Osaka a few days later, which he says was “a fantastic moment to spend some time with the children.”

A very special day for the four of them wrapped up at a branch of the children’s favorite Italian chain restaurant near the drop-off spot.

“Dinner again was wonderful, full of memories”, Paul recalls. But, he says, “I could now feel every second pass as drop-off time approached.”

Halton says he was tempted not to hand the children back at the end of their day trip, as he had the backing of both the Japanese and British governments to legally return home to the U.K. with his children. “But what would that do to my children?” he asks. “I couldn’t force them, rip them from their mother and for a second time turn their world upside down.”

Halton says that since this visit the situation has improved a little. Skype chat sessions have resumed, and gifts and cards to the children in Japan seem to get through, but the situation is still very fragile and out of his control. He and his ex-wife are supposed to be negotiating long-term, fixed arrangements about contact with his children, but no real progress is being made.

“Since I’ve reached the end of the current legal road, I fear that the children will have to grow up without me in their lives,” Halton says. “I hang on to the hope that one day my ex-wife will agree that the children and I can visit each other, at least in that I will have a few weeks a year to help them grow and learn, as a father should be doing.

“It’s a horrible reality to think that I will miss my three kids’ childhoods,” he says. “The next time I see them could be when they’re old enough to break free from their mother and independently seek me out, by which time they will be adults potentially with careers and families of their own. We’ll know each other but we won’t be close as nature intended.

“The likelihood is that they will remain in Japan for the rest of their lives and so even my unborn grandchildren will be distant and possibly unknown to me,” Halton says. “This is a thought that haunts my everyday life and I doubt will ever fade.”

Halton’s father, Richard, says that although parental child abduction hurts the children most of all, and then the left-behind parent, many others who were connected to the children are also deeply affected.

“Both I and Grandma find that it isn’t the same with these three small faces missing, and I know that other family members feel the same. The other children, their cousins, wonder where they’ve gone and why. We all feel a pervading sense of loss. We know that the children are safe but we never see them. Are they truly happy?” he asks.

Richard adds that the situation is made far worse in the case of parental child abductions because the “family that tries to correct the wrongs done has to contend with official indifference and inaction” and also bear a considerable financial burden in the hope of seeing the children again. “We are supporting our son Paul emotionally and financially in his quest, but the system is loaded in favor of the abductor and we have all come to the conclusion that the Hague Convention is an expensive waste of time.”

Your comments and Community story ideas: community@japantimes.co.jp

 

http://www.kaaltv.com/article/stories/S4447812.shtml?cat=10728
April 07, 2017 05:27 PM

A Maple Grove man is asking the Trump Administration to pressure Japan to give his children back.

James Cook was in Washington D.C. Thursday fighting for his kids.

He testified before the House Committee on Foreign Affairs. They’re investigating international treaties to return children abducted by a parent.

Cook’s wife took their four kids to Japan in 2014. He has been awarded custody, but can’t get them back.

Cook told the congressional committee he hopes Vice President Mike Pence will help when he visits Japan in late April.

“I hereby respectfully request that Vice President Mike Pence speak with these Japanese officials and ask them to have Japan meet their international obligation to comply with the Hague convention and return our children to their habitual residence in Minnesota,” he said.

“Excuses may be offered why they cannot, but I know Japan will force their return if required.”

Cook said Congressman Erik Paulsen has been supportive of his efforts.

“This is a situation no parent or child should ever have to go through, and I completely sympathize with James and his children during this trying episode,” Paulsen said in an emailed statement.

“My office and I have been exploring various channels to reunite James with his four kids and hope we can help the Cook family reach a resolution soon.”

The issue of international family abduction is complicated. And it’s something many don’t hear much about.

Cook has been working with Jane Straub from the Jacob Wetterling Resource Center to figure out how to get his children back.

The last time he saw them was 2015.

“I have two sets of twins,” he said. “I have 14-year old-boys and I have a 9-year-old boy and girl.”

Cook said his wife Hitomi Arimitsu took the children to see her family in Japan in September of 2014, then stopped communicating with him.

He showed court rulings he’s won locally and internationally, including Japan, that give him custody.

“So (in) total (I’ve) probably won 10 cases up to this point,” he said.

5 EYEWITNESS NEWS reached Cook’s wife Hitomi Arimitsu in Japan.

She said international child abduction is not what is going on in this case. She claims she and James had an agreement she would take the children to Japan.

“I have made numerous attempts to facilitate contact between him and the children,” Arimitsu said.

“James does not take advantage of any of them. I want them to have a relationship with their father. Regardless of my disagreements with him regarding our marriage, I think it is important for him to be in their life.”

Arimitsu’s attorney said that in February a Japanese court reversed a previous order about jurisdiction, moving the power to make legal decisions and judgments from Minnesota to Japan.  Cook says Hennepin County court possess jurisdiction over their children, not Japan.  He says is appealing the ruling to a higher court in Japan.

Japan has signed treaties that are supposed to prevent international child abduction.

But Cook said Japan has been non-compliant from the beginning.

He said custody battles in Japan are considered private, and children basically belong to the parent who has them.

“And that’s how they view children, quite honestly – as possessions,” he said. “Not as human beings, but as possessions.”

Straub said a case like Cook’s doesn’t always get the attention in should.

“You know working at the Jacob Wetterling Resource Center, people think (the) only people that take children are strangers,” Straub said.

“We know parent-child abductions happen. And just because that person is a parent, it doesn’t mean that that child is safe.”

Cook said he won’t give up the fight for his kids.

“It’s important to remember these are four little people,” he said. “Four human beings, four U.S. citizens. They’re literally being held hostage in a foreign land.

“And we have the power as a country to get them back.”

 

Credits

Kevin Doran

Copyright 2017 – KAAL-TV, LLC A Hubbard Broadcasting Company

https://www.stripes.com/news/us-court-rules-against-soldier-returns-baby-to-okinawa-mom-1.460354#.WOK0LRiZPVo

 

By CHIYOMI SUMIDA | STARS AND STRIPES Published: March 24, 2017

CAMP FOSTER, Okinawa — A 20-month-old girl returned to her Okinawa home from the United States last week — the island’s first child-return case under the Hague Convention on cross-border parental kidnapping since Japan joined the treaty in 2014.

In February, the U.S. Middle District Court in Florida ordered the child’s father — a Maryland-based U.S. soldier — to return the child to her mother on Okinawa, which the court acknowledged as the girl’s “habitual residence,” said attorney Masanori Takeda.

Child abduction has long been a concern for U.S. servicemembers and some in Congress, who initially called on Tokyo to ratify the Hague Convention and have since called for tougher enforcement within Japan.

Cultural and legal obstacles in Japan — where child abduction by one parent isn’t always viewed as a crime — have previously prevented U.S. servicemembers and other citizens from gaining custody or seeing their children in Japan.

In this case, a judge ultimately determined that a soldier had unlawfully kept his child from the mother.

The couple “had very limited language communications” when they married in 2014 and resided with the woman’s teenage son, according to a Florida court complaint filed by the woman.

In March 2015, the woman, then pregnant, and her son moved with the soldier to their new post in Maryland, Takeda said.

After reporting domestic and sexual abuse, the Army Family Advocacy Program helped her and her son return to Okinawa, where the child was born four months later.

That October, the woman was asked by her estranged husband to attend his brother’s wedding in Florida, said Takeda, who added the man yanked the baby from her arms during the visit.

A brief fight ensued, and the woman was arrested after the husband reported domestic violence to police. The woman was unable to explain her version of events in English, according to the complaint.

She was sent to a women’s shelter after the Florida Department of Children and Families acknowledged she was a victim of domestic violence. A social worker observed a 4-by-2-inch bruise on her neck and a “silver dollar sized” bruise on her thigh, according to the court complaint.

The mother said her husband had “choked her and again forced her to have sex against her will,” according to the complaint.

The husband denied the allegations and said she had subjected him to “extreme anger, aggression, and physical violence” going back to when they were stationed in Japan, according to court documents.

Nevertheless, the soldier wrote to her in phone texts that he loved her and that “Me no like divorce talk … me no like back Okinawa talk,” according to court documents.

The soldier argued that his wife returned to the U.S. to join him to live, not just to visit.

The premise that she and the infant intended to remain in the United States was part of the reasoning that convinced a Florida court to grant the soldier custody, according to court documents.

The soldier’s lawyers asserted that the Hague Convention was not applicable to their case because of the Florida court’s judgment.

The mother’s attorneys contended “she had simply wanted a divorce and to return home to Japan with her children.”

Mari Kitada, a lecturer at Tokyo’s Kyorin University who’s an expert on the international parental child abduction treaty, said she believed the Hague Convention ruling was appropriate and consistent with the spirit of the treaty.

“While a U.S. court had awarded the father full parental custody, without the treaty, bringing the child back to Japan would have been impossible,” she said during a phone interview Thursday.

Kitada pointed to recent changes surrounding the pact in the international community, which began to focus more on a child’s best interests instead of solely focusing on the child’s habitual residence.

“As social complexities advance, various factors, to include domestic violence, must be carefully and thoroughly considered to protect the child’s safety and well-being,” she said.

According to the Hague Convention Affairs Office at Japan’s Ministry of Foreign Affairs, 233 petitions for both child returns and visitation arrangements have been filed between April 1, 2014, and March 1, 2017.

Of those, 121 were requests for children to be returned to their habitual residence. Twenty-four of the cases involved parents from the U.S., a ministry spokesman said. The other 112 petitions — 46 involving Americans — were for parents to have access to their children.

Stars and Stripes reporter Erik Slavin contributed to this report.

sumida.chiyomi@stripes.com

http://www.japantimes.co.jp/news/2017/01/27/national/crime-legal/reversal-high-court-ditches-good-parent-rule-granted-dad-custody-daughter/#.WIuHj7GZPVo

‘Good parent’ ditched in custody case reversal

The Tokyo High Court has overturned a rare family court decision last year that granted a father custody of his daughter because he was more inclined than his estranged wife to allow greater visitation.

Thursday’s high court ruling, which returns custody of the 9-year-old girl to the mother, emerged during an appeal trial that had left custody in limbo. The parents have been living separately since the mother took off with the child in 2010.

“The daughter has been living with her mother, is growing up healthy and wants to continue living with her mother in the future,” presiding Judge Yoichi Kikuchi said. “Taking into account what is in the best interest of the daughter, it is reasonable that custody is awarded to the mother.”

The initial ruling, handed down in March 2016 by the Chiba Family Court’s Matsudo branch, attracted public attention for applying the “good parent rule,” which grants custody to the parent deemed more inclined to allow greater visitation — and ordered the mother to hand over the girl to the father.

The father had said he would allow his wife to see her daughter 100 days a year if given custody. The mother said she would allow him to see his daughter just once a month.

Thursday’s judgment was based on the principle of continuity, with the court stating that a child’s healthy development is not ensured just by seeing a separated parent.

“The number of days for visitation is not the only criteria to decide who has custody, and is less important compared with other conditions,” the ruling asserted.

“If the daughter, who is an elementary school student, goes back and forth between the parents’ houses for 100 days a year, it would be a physical burden and would affect her relationship with her school and her friends,” the court said, judging that one visit a month is appropriate.

The mother left with her daughter in May 2010 after the couple became estranged. He has not seen the girl since September that year.

The mother issued a statement after the ruling thanking the high court for supporting her claim.

The father said he would appeal. “The judgment cannot be forgiven, because it gives advantage to a parent who took away the child first,” he said.

“It is hard to believe the high court respected the child’s will,” said the father’s lawyer, Akira Ueno.

http://www.japantimes.co.jp/opinion/2017/01/26/editorials/rules-handing-child/#.WIuEfbGZPVp

Rules on handing over a child

Court rulings ordering a divorced parent to hand over a child to his or her former spouse are often ignored — largely because there are no specific procedures under the law governing enforcement of such a custody transfer. A revision of the relevant law is imperative to ensure that court decisions on child custody are enforced. There are two important points for consideration — creating a clear rule for the compulsory enforcement of a court order by a legally empowered official, and imposing financial penalties on the parties defying court orders to get them to comply. Either way, due consideration should be paid to the welfare of the children, including the potential psychological damage from the procedure.

In the absence of a specific legal procedure for custody transfers between divorced parents, the Civil Execution Law’s provision on the transfer of movable property is currently referred to in enforcing a court ruling ordering a divorced parent to hand over a child to the other party. But it would not stand to reason to treat children as if they were “property.”

In the case of international marriages, the compulsory execution of a court order on a custody transfer is possible under the 1980 Convention on the Civil Aspects of International Child Abduction, popularly known as the Hague Convention. As of November, 95 countries were parties to the convention, which Japan signed and ratified in 2014. A law setting domestic procedures needed to implement the convention has been enacted and put in force.

The law includes a detailed provision stating what an enforcement officer in charge of removing a child from a parent who abducted that child to Japan and handing that child over to the other parent should and should not do, including the need to try to persuade the abducting parent and asking for police assistance if necessary. The provision says an officer can use some form of power to restrain or make a parent who resists giving up the child comply, but prohibits the officer from using this power if it causes harmful effects on the child. The law says that if a court rules that a child must be moved back to his or her “state of habitual residence,” the parent who won the case can in principle ask for the decision to be executed by an enforcement officer after two weeks have passed. This rule leaves room for the disputing parents to agree on the transfer of the child in an amicable way without the involvement of an enforcement officer.

Last year, Justice Minister Katsutoshi Kaneda asked the Legislative Council, an advisory body, to look into revising the Civil Execution Law to set down specific procedures to enforce court decisions ordering the handover of children between divorced parents. Based on its recommendation, the government is expected to submit a bill for the revision to the Diet as early as next year.

Setting down the relevant procedures makes sense given what is happening to divorced parents and their children. In 2015, there were 97 cases in which divorced parents with parental prerogatives or the care and custody right over their children asked that their former spouses turn the children over to them, but the children were handed over in only 27 of the cases, according to the Supreme Court.

Merely setting the procedures for a compulsory execution of the court order — which would involve an enforcement officer stepping in to physically remove a child from one parent and hand him over to the other — may be too rigid and may not serve the intended purpose of the amendment. The procedures should include an indirect approach that may seem lukewarm but will eventually lead to the transfer of a child. One option would be to fine a parent who refuses to comply with the court and, to encourage compliance, the size of the fine would rise as long as the parent keeps refusing to obey the order.

Priority should be placed on the indirect approach so that the child handover can take place in a more amicable manner. But a mechanism should also be included that will trigger a compulsory enforcement if, for example, it’s suspected that a parent ordered to give up the child is seeking to dodge the ruling by continuing to make the payments. The law to implement the Hague Convention says that the removal of a child must be carried out when the child is together with the parent who took him or her to Japan, out of consideration for the psychological effects on the child. The advisory council should take into account how to minimize the risk of trauma on children in executing court rulings.

http://mainichi.jp/english/articles/20170121/p2a/00m/0na/018000c

Husband ordered to pay wife 1 mil. yen each time he refuses child visitation rights

The Tokyo Family Court has granted a woman’s petition for her estranged husband to pay her 1 million yen each time he refuses her visitation rights to see their daughter, an extraordinarily high amount for such a case, it has been learned.

The woman — a foreign national — filed for an indirect compulsory execution with the court after her Japanese husband refused to allow her to see their eldest daughter once a month for five hours as granted by a court. An attorney representing the woman praised the ruling, calling it “an epoch-making decision.”

The husband, who has been living with the daughter since he was separated from his wife in 2011, has appealed the ruling to the Tokyo High Court, with his attorney saying, “The amount of money lacks common sense.”

According to the decision handed down by the Tokyo Family Court on Oct. 4 last year and other information, the husband — who is in the midst of divorce proceedings with his wife — withdrew their then 7-year-old daughter from her elementary school after he left the family’s home in 2011, and transferred the girl to another school. He withheld his new address from his wife, and the woman filed for visitation rights with the family court.

The husband dismissed the wife’s visitation request, saying, “There is a risk of my daughter being taken away to a foreign country,” by citing instances such as his wife locating and visiting their daughter’s new school, but the family court granted the wife monthly visitation rights in December 2015. The Tokyo High Court also upheld the ruling, finalizing the decision. However, the husband refused to follow the court decision, and the wife filed for an indirect compulsory execution of the order.

In handing down the Oct. 4, 2016 ruling, judge Tetsuo Tanahashi of the Tokyo Family Court said, “The husband has repeated the same argument for his refusal of visitation that has already been dismissed by the court. We can no longer expect him to comply with visitation voluntarily, and visitation rights need to be ensured through indirect compulsory execution.” The court decided to charge the husband 1 million yen per refusal of his wife’s visitation requests based on his income and other factors. The husband eventually complied with visitation request, allowing his wife to see their daughter for the first time in five years.

After the Supreme Court granted an indirect compulsory execution over a refusal of visitation rights in 2013, other courts followed suit, with the accused party charged around 50,000 yen to 100,000 yen per refusal. Still, some parents choose to pay to keep their estranged spouses from meeting their children.

Takao Tanase, a lawyer representing the wife, commented, “The court took a resolute attitude toward the husband’s disregard for the court decision, which ruled that the wife should be allowed to see their daughter for the sake of the child.”

Some experts have raised questions over the forcible execution of visitation rights through the power of money. An attorney for the husband said, “The husband couldn’t comply with visitation request out of fear of his daughter being abducted. The amount charged lacks common sense.”

Italian Case

January 22, 2017

Source:  http://www.kizuna-cpr.org/italian-case

An Italian Case

A case of an Italian citizen has occurred. He moved with his family from Europe to Japan.
Then, his two children were taken to Nagasaki. His court case begins on January 12, 2017.

日本語テキストは以下の通りです。

English translation, Japanese translation, and image of Italian news story below.

Online article:
http://www.lastampa.it/2017/01/06/italia/cronache/luomo-che-combatte-la-legge-nipponica-per-rivedere-i-suoi-figli-2xgHMN5GrE7ImR8M5RkswK/pagina.html

Page 12 | Top News | LA STAMPA Friday 6 January 2017

 

The man that fights Japanese law to see his children again

“My wife took them and the judicial system protects her”

 

 

People

FRANCESCA SFORZA

ROME

 

 

“My dad? I don’t know where he is, nor what he’s doing.” This is what lots of Japanese people are saying once they become adults; after the parents’ separation and divorce, they have no idea where their fathers have gone. But they haven’t been abandoned; it’s the law. Something may change though, and if this is the case, it would also be thanks to the battle of an Italian father, who is fighting to have his rights respected. In case of victory, he could contribute to revolutionize the Japanese Family Law System. In Japan, joint custody does not exist. If a couple divorces, the court will take over the decision of which of the parents will take custody. Apart from some very rare cases, the children end up staying with the mother. On top of this, too often custody ends up being assigned to the parent that takes away the children first, with the result that the other parent loses his rights in that very precise moment. The visitation rights belong to the children and not of the parent. In a culture where the fathers end up spending too much time at work, and the mothers have no interest in keeping the relationship with the in-laws, you can explain well the enormity of the numbers we’re looking at; at least 3 million Japanese children, in the last 20 years, have been raised without being able to see one of their parents.

 

“We have not divorced yet, but I don’t know anything about my children from last July, I couldn’t even say Happy Birthday for my daughter’s second birthday” says Pierluigi, who requested to stay anonymous to avoid creating problems while close to the hearing, that will take place in Nagasaki in mid-January. He, an Italian citizen, and his wife, Japanese, have moved to Tokyo from Germany, the country where their two children were born. “I decided to move here because I know well and love Japan since a long time ago, and I think their educational system is very good. I did it for my children.” However, shortly after relocating, he had been surrounded by his wife’s relatives, who informed him that in order to solve the usual couple-related problems it was necessary to live separately – “If you don’t agree we’ll call the police.” After this, she decided to move near Nagasaki with the children, the city where she is from. “Even though I know so many things about Japan – says Pierluigi – I had never heard about child abductions during marriages. We are still married, and I still have all the rights on my children, but since my wife took them first, if I tried to get them back they would arrest me.” No help even from the Police or the local social services; all of them agree that this is an injustice, but the fact that children cannot see one of their parents is not considered a crime or an abuse.

 

But Pierluigi doesn’t want to stay without his children: “Between us there’s a very strong bond, when we lived together the neighbors often told me “you’re like a mother to them” … I still have a very clear image of my 4 1/2-year-old son, one of the last times that his mother allowed me to see them; he came out of the house bare foot crying and begging me not to leave.” Together with his attorneys, Pierluigi has planned a strategy that is grabbing the attention not only of foreign nationals who lost access to their children, but also of many Japanese parents, who more and more feel this type of forced separation is a violent injustice perpetrated by the legal system. The fact that the Japanese judicial system considers custody-related matters after the end of a marriage as exclusively “private”, has delayed the signing of the Hague Convention on the Civil Aspects of International Child Abduction (that took place only three years ago and has no retroactive effect). On top of it, this has increased the understanding that the children belong to the mothers and that the father’s role is not relevant in raising a child. “We are in Japan, why should the kids speak Italian” – Pierluigi’s mother-in-law said. Also, “What’s the problem if you don’t see them for one or two years? I raised three kids without my husband.”

 

Many international governments have already pressured Japan to end abductions, and several Japanese politicians are ready to cooperate in order to improve the situation. There are lots of things to plan carefully before the hearing: “You just need to act in the best interest of the children, as it’s specified in the interpretation of article 766 of the Civil Code.” You need knowledge, courage and passion. We ask him if at least he’s a bit angry: “It’s useless, if you enter a Japanese Court angry – he says – you have lost before even beginning.”

 

3 million – It’s the estimated number of children that were raised without seeing one of their parents in the last 20 years.

 

The parents – Victims of the forced separation are not only foreign nationals married with a Japanese person, but also many Japanese parents themselves.

 

The sequence of events

Pierluigi (the name is invented) and his wife, decide to move to Tokyo, the Japanese capital city, from Germany where they were living with the two children born during their marriage.

Shortly after relocating, the wife’s relatives inform Pierluigi that in order to solve the usual couple-related problems, the only solution is to live separately for some time. The woman moves with the two children to Nagasaki, where her family originates. In July, Pierluigi sees his children for the last time.

Pierluigi and his wife are still married, but according to the Japanese law, if he tried to get his children back he would be arrested. His is one of the many child abduction cases that in Japan are becoming more and more frequent.

In mid-January a Family Court will examine Pierluigi’s case. Many Japanese and foreign parents are awaiting this hearing with big hopes. His case could revolutionize the Family Law of Japan.

http://www.japantimes.co.jp/community/2016/04/17/issues/two-years-japan-signed-hague-children-returned-old-issues-remain/#.VyUeVGNlnVo

Two years after Japan signed Hague, children have been returned but old issues remain
BY COLIN P.A. JONES
APR 17, 2016

‘What brand of Champagne did you drink?”

The lawyer delivered the question with a dramatic flourish, and I suppose it was a reasonable question to ask, even if rhetorically. I was being cross-examined as an expert witness in a child custody-related trial in a Western courtroom. One parent wanted to relocate to Japan with the child, the other was objecting.

This was 2015. In a 2008 Japan Times column written about a rumor that Japan was preparing to sign the Hague Convention on the Civil Aspects of International Child Abduction, I had declared: “I do not plan to crack open any Champagne until an abducted child is actually returned home.” The rumor proved wildly premature, but Japan ultimately ratified the convention, which, together with a package of baroque implementing laws and regulations, came into effect from April 2014.

The question about my Champagne preferences (Veuve Clicquot, by the way, if anyone is buying) was reasonable as a challenge to my reliability as an expert, yet was arguably irrelevant to the issue at bar: What could the court expect in terms of preserving the relationship between the child and the left-behind parent after the other parent and their child relocated to Japan? Unfortunately, “Not very much” may still be the answer.

But first, credit where it is due: In the two years since Japan signed the convention, more children abducted to or unlawfully retained in Japan have been returned to their home countries than at any time in the past. The Ministry of Foreign Affairs, Japan’s “central authority” for convention purposes, has handled almost 200 applications for assistance, and returns have been achieved in both directions (see table).

The Foreign Ministry has put significant effort into implementing the treaty and performing its central authority role. (A ministry representative also kindly responded to my inquiries in connection with this column.) It has sought to deter abductions through awareness programs, as well as foster amicable resolutions to abduction and visitation disputes by supporting mediation programs specifically designed for convention cases. (I am a mediator for one of them.) It also provides financial assistance for the translation of court documents and has set up a special online system (named Mimamori) for supervised cross-border “virtual visitation.”

Amicable resolutions are great, but there is not always much amity left between parents when one of them unilaterally spirits the children away to another country. Sometimes fear of abuse is a factor, but not always. Sometimes it is not; sometimes the taking parent is just trying to erase the other parent from his or her life, which necessitates erasure from the children’s lives as well. Having spent over a decade watching countless cases like these transpire, I believe that intentionally denying a parent — a former spouse, or life partner at that — a loving relationship with his or her child may be the worst thing one human being can do to another, short of physical violence. It is rarely good for the child, either.

The Hague Convention makes this harder by requiring that children taken or retained across borders in violation of custody rights be returned to their home country (where the other parent is typically also resident). Returns are the rule, but there are exceptions. One of these is if the child is living in Japan with the consent of the other parent. Disputes over relocation during or after divorce also being common, a child may also end up living in Japan with one parent through the permission of a foreign court.

When Japan was not a convention signatory, it was a red flag to foreign judges whenever a parent sought leave to take the children to Japan, whether to visit or live. “Just taking the kids back for the summer to see Grandma” and then staying is a pretty common abduction scenario everywhere (with Grandma sometimes playing a role in persuading the parent to stay). In Japan it was almost always a successful strategy — one that would frustrate whatever a judge in the country of origin might have decided about the child custody arrangements. Now, this type of “abduction by retention” should result in a Japanese court issuing a return order.

With Japan having joined the treaty, parents and foreign judges alike may now feel more secure about the idea of a child being brought here to live. Yet if that happens with the consent of the other parent or permission of a foreign court, a return order will then be difficult — if not impossible — to obtain. While judges in American states may be accustomed to retaining jurisdiction over children taken to another state and being able to enforce their rulings on custody, this probably won’t work with a child taken to Japan; if the scenario does not constitute an “abduction,” parents will likely be left to seek relief in Japanese family courts outside the convention framework, and they should lower their expectations accordingly.

Judges still finding their way

First, conversations with lawyers indicate that even in abduction cases that clearly fall under the convention, the Osaka and Tokyo family courts charged with resolving them are still figuring things out. Family court judges are likely accustomed to resolving domestic cases without being constrained by the rules of evidence and procedure that should apply in Hague cases.

At the same time, however, such cases are supposed to be resolved more expeditiously, despite involving complex issues such as the interpretation of foreign law: What do “rights of custody” mean in Country X, for example? (There is an international network of “Hague judges” in which Japanese judges participate, but apparently not to the extent of using it as an informal source of information on foreign law and practice in specific cases.) Similarly, which party has the burden of proving what — a parent’s consent, for example? And what if a parent or foreign court’s permission to relocate to Japan with a child is based on the relocating parent’s promise of cooperation with visitation — a promise that is immediately broken after getting off the plane?

Some of my lawyer interlocutors complain about a lack of procedural clarity. Perhaps this is a matter of time and more cases will resolve these issues.

Mixed messages on visitation

Second, visitation in Japan remains patchy and difficult to enforce. The convention provides for facilitation of cross-border access (aka visitation) but with limited substance. While the Foreign Ministry offers support, it is just that — support, such as contacting the other parent and offering online visitation and mediation. Such support has reportedly resulted in visitation in some cases, and even led to a few instances of children being returned.

If cooperation is not forthcoming, however, the parent seeking visitation is left seeking recourse in family courts, pretty much like everyone else. Here the stories I hear seem have not changed dramatically: parents going for months without seeing their children, mediation sessions where nothing seems to happen, judges who seem unduly solicitous of parents engaging in alienating behavior, and courts making decisions based on expediency rather than the best interests of children.

There are some signs of changes: Courts seem to be awarding visitation more, and I hear more about overnight stays, though recent judicial statistics show them occurring in less than 10 percent of cases. Also, in a December 2014 decision, the Fukuoka Family Court transferred legal custody of a child from mother to father due to the former’s obstruction of visitation. Only last month, the Matsudo branch of the Chiba Family Court ordered a mother to hand over her daughter to the father after years of blocking contact between the two. Japanese family court professionals have long written about the “good parent rule” — giving custody to whichever is more understanding of visitation with the other — as a remedy for such intransigence, but these are the first instances I have seen of it actually being applied.

Yet such developments should be treated with caution. Seemingly revolutionary decisions have to survive appeals and be enforced to be truly meaningful. In the Fukuoka case, only legal custody was transferred, something that can be accomplished simply by filing the judgment with the family registry; it does not automatically equate with the father getting contact, only the mother needing to seek his cooperation to take legal acts like applying for a passport on their child’s behalf.

As for the other case, branch family courts have long been the dumping ground for judges disfavored by the judicial hierarchy, meaning the Chiba case could be an anomaly as much as a harbinger of true change. Even the family courts’ increased acceptance of visitation seems to be tied to growing use of supervised visitation through NPOs staffed by (surprise!) retired family court personnel. In other countries supervised visitation is limited to cases where a parent is abusive or potentially dangerous; in Japan it seems to be becoming the easy-to-award/recommend default solution for when the custodial parent is intransigent.

Visitation thus still seems to be driven by what the custodial parent can be convinced to agree to, rather than what might be meaningful for the child. The Foreign Ministry’s Mimamori online supervised visitation system seems to be an extension of this logic: that any contact is better than none, and might lead to something more meaningful (which is sometimes the case). Understandably, some parents who have done no wrong yet are expected to accept being treated like criminals in order to interact with their own children find this abhorrent.

Lack of enforcement — and details

Third, an order from a Japanese court to return a child, whether across the street or to another country, can often still be frustrated by a parent simply refusing to comply, or getting the child to refuse. This is said to have already been an issue in convention cases, which should not surprise anyone: Before the treaty came into force, the nation’s shikkōkan — the bailiffs who enforce civil judgments — announced that it would likely be impossible to enforce return orders without the child’s cooperation. While the process of implementing the Hague Convention has brought some clarity to the theory and practice of enforcing returns, without sanctions for contempt (which Japanese judges lack in these cases) or other police-like powers to back them up, court orders can end up being meaningless pieces of paper.

Fourth, and finally, after two years and a number of cases, the workings of Japan’s Hague courts remain invisible. No judgments have been published, nor do there appear to be any statistics available on case resolutions. There is no way for outsiders to know how Japanese courts are deciding whether or not to return children.

At least I can drink some Champagne (Moet & Chandon is fine too): Japan did join the convention, and lawyers tell me it is having a real effect in deterring abductions. Yet it shouldn’t be forgotten that the convention’s potential remains limited by the constraints of the Japanese family justice system as a whole. Describing those requires more words than a single column allows, so keep watching this space.

Colin P.A. Jones is a professor at Doshisha Law School in Kyoto. The views expressed are those of the author alone. Law of the Land appears on the second Monday Community Page of the month. Your comments and story ideas: community@japantimes.co.jp

(April 1, 2014, to March 31, 2016) APPLICATIONS FOR HELP WITH RETURNS APPLICATIONS FOR HELP WITH VISITATION
APPLICATIONS TO MINISTRY OF FOREIGN AFFAIRS RELATING TO CHILDREN IN JAPAN (AND THE FOREIGN COUNTRY INVOLVED)
U.S. 11
France 4
Australia 4
Germany 3
Canada 2
U.K. 2
Singapore 1
Italy 1
Spain 1
Russia 1
Switzerland 1
Belgium 1
Sri Lanka 1
Turkey 1
Fiji 1
Colombia 1
South Korea 1
U.S. 39
U.K. 6
France 5
Australia 4
Canada 4
New Zealand 3
Singapore 3
Mexico 2
Germany 1
Costa Rica 1
Subtotal 37
Rejected* 8
Total 45
Subtotal 68
Rejected* 7
Total 75
APPLICATIONS TO MINISTRY OF FOREIGN AFFAIRS RELATING TO CHILDREN IN FOREIGN COUNTRIES
Thailand 6
Russia 4
Brazil 4
South Korea 3
U.S. 3
Germany 2
Canada 2
France 1
U.K. 1
Italy 1
Spain 1
Switzerland 1
Slovakia 1
South Africa 1
Peru 1
Romania 1
Sri Lanka 1
Belarus 1
Sweden 1
U.S. 5
Russia 3
Canada 3
Germany 2
Ukraine 2
Thailand 2
Australia 1
South Korea 1
Uruguay 1
Netherlands 1
Poland 1
Hong Kong 1
Subtotal 36
Rejected applications* 3
Total 39
Total 23
TOTAL APPLICATIONS 84 98**
STATISTICS IN TABLE COURTESY OF MINISTRY OF FOREIGN AFFAIRS

NOTES

* Applications for assistance may be rejected by the Foreign Ministry because they do not satisfy requirements for assistance (e.g., the requesting parent is unable to demonstrate rights of custody or visitation). In some instances, rejections reflect the fact that the taking parent has already returned with the child voluntarily, rendering the application moot.

** The far greater number of requests for visitation assistance for children in Japan in part reflects the fact that Japan allowed applications for assistance with visitation with children in Japan even in cases pre-dating the Hague Convention’s coming into force.

RETURNS

• The data regarding returns reflects applications to the Foreign Ministry for assistance in achieving the return of a child either in Japan or in a foreign country, which in the first instance involves encouraging the taking parent to return voluntarily or to mediate with the other parent. Accordingly, only some of these cases are ultimately resolved through court.

• According to the ministry, 14 children were returned from Japan, through mediation or other voluntary arrangements, alternative dispute resolution or court orders, and nine children were returned to Japan.

• These figures do not include some voluntary returns in cases where the Foreign Ministry was not formally involved.

• Three returns from Japan and one to Japan reportedly resulted from the visitation assistance process rather than the return process.