http://www.japantimes.co.jp/news/2013/10/23/national/japan-to-join-child-custody-pact-in-april/#.UmfXgvmUSM4

Japan to join child custody pact in April

KYODO

The government aims to accede to the 1980 Hague Convention on the Civil Aspects of International Child Abduction on April 1.

Japan had been accused by the United States and European countries of being a “safe haven” for international child abductions.

The treaty, which currently has 89 signatories, sets out rules and procedures for the prompt return to the country of habitual residence of children under 16 taken to another country, if requested by the other parent.

The convention will enter into force in a state acceding to it on the first day of the third calendar month after the instrument of accession is deposited with the Dutch Foreign Ministry.

The Diet approved the country’s accession to the treaty in May and enacted a law in June stipulating domestic implementation procedures for the Hague treaty.

Under the legislation, a central authority will be set up in the Foreign Ministry to locate children who have been taken away and encourage the people involved to settle the dispute through consultations.

If the consultations fail, family courts in Tokyo and Osaka will decide on the child’s treatment. The legislation also allows a parent to refuse to return a child if abuse or domestic violence is feared.

The central authority will be staffed with lawyers, experts on domestic violence and child psychology counselors.

At the family courts in Tokyo and Osaka, judges have been trained on the Hague convention. The Foreign Ministry and the family courts plan to open a website to explain about the procedures to settle disputes under the pact.

The government plans to join the international treaty for settling cross-border child custody disputes in April after submitting necessary documents in January to the Dutch Foreign Ministry, which handles matters on the pact, a government source said Tuesday.

The results of this rather unscientific poll, offered online in Japanese language only, actually are not as divided as this article suggests.  Of 64 respondents, only 17 were against Japan joining the 1980 Hague Convention on the Civil Aspects of International Child Abduction.  Interestingly, 18 of the respondents were self-admitted abductors, which pretty closely matches the number of respondents who opposed the Hague Convention.

 

http://mdn.mainichi.jp/mdnnews/news/20110203p2g00m0dm035000c.html

 

Survey shows divided views on Japan’s signing of child custody pact

TOKYO (Kyodo) — An online survey by the Foreign Ministry showed Wednesday that people who have directly been involved in the so-called parental “abductions” of children as a result of failed marriages were divided on Japan’s accession to an international treaty to deal with child custody disputes.

Of 64 respondents to the questionnaire posted on the website of the Foreign Ministry and its 121 diplomatic missions abroad between May and November last year, 22 were in favor of Japan joining the 1980 Hague Convention on the Civil Aspects of International Child Abduction, while 17 were against the idea.

The remaining 25 respondents did not make their stance clear, said Parliamentary Vice Foreign Minister Ikuo Yamahana at a press conference.

The convention provides a procedure for the prompt return of children to their habitual country of residence when they are wrongfully removed or retained in the case of an international divorce. It also protects parental access rights.

Those seeking Japan’s accession to the convention said Tokyo should no longer allow unilateral parental child abductions as the country is perceived overseas as an “abnormal” nation for defending such acts.

People opposed to Japan’s signing of the treaty said the convention “doesn’t fit with” Japanese culture, values and customs and urged the government to protect Japanese nationals fleeing from difficult circumstances such as abusive spouses and problems in foreign countries.

Some pointed to the disadvantages faced by Japanese parents seeking a local court settlement on child custody abroad, such as expensive legal fees and the language barrier.

Yamahana said the government led by the Democratic Party of Japan will further examine the possibility of joining the convention based on the results of the online survey. “We will discuss what we can do to ensure the welfare of children,” he said.

International pressure on Tokyo to act on the parental abduction issue has been growing, with legislative bodies in the United States and France recently adopting resolutions that call for Japan’s accession to the treaty.

At present, 84 countries and regions are parties to the Hague Convention. Of the Group of Seven major economies, only Japan has yet to ratify the pact.

Of the 64 respondents, 18 said they have abducted children and 19 said their children have been taken by their former spouses. A total of 27 said they have been slapped with restrictions on traveling with their children because Japan is not a party to the Hague Convention.

By country, 26 respondents were linked to parental abduction cases in the United States, followed by nine in Australia and seven in Canada.

(Mainichi Japan) February 3, 2011