http://the-japan-news.com/news/article/0004447319

Japan on U.S. list of nations noncompliant with Hague Treaty

 

Jiji PressWASHINGTON (Jiji Press) — The U.S. State Department on Wednesday listed Japan as one of countries showing a pattern of noncompliance with the so-called Hague Treaty that sets procedures to settle cross-border parental child abduction cases.

Japan joined the Convention on the Civil Aspects of International Child Abduction in 2014, and it is the first time since then that the nation has been put on the list in the department’s annual report on the issue of children taken by one parent following the breakup of international marriages.

The listing may help put greater pressure on Japan to comply with the treaty, pundits said.

The 2018 report said Japan has made “measurable progress” on international parental child abduction, noting that the average number of children reported abducted to the country each year has decreased by 44 percent since 2014.

While noting that “a strong and productive relationship” between the Japanese and U.S. governments has facilitated the resolution of abduction cases, the report said that “there were no effective means” to enforce court return orders.

As a result, 22 percent of requests for the return of abducted children under the treaty remained unresolved for more than one year, the report said, adding the enforcement process is “extremely long.”

A total of 12 countries, also including China, India, Brazil and Argentina, were on the 2018 list of countries showing a pattern of noncompliance.

“Now is an opportunity for the government of Japan to demonstrate a true commitment to reforming its inability to enforce its own judicial rulings,” said Jeffery Morehouse, who is seeking to gain custody of his son in Japan.

Paul Toland, who hopes to reunite with his daughter in Japan, said, “Japan will need a complete reform of their family law system and will have to change the way they view the rights of a child to know and love both parents after a divorce if they ever want to be compliant with the Hague [treaty].”

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http://ajw.asahi.com/article/behind_news/social_affairs/AJ201404040015

Child abduction treaty gives hope to parents separated from their kids

April 04, 2014

THE ASAHI SHIMBUN

American Jeffrey Morehouse has no idea where his son lives, knowing only that the 10-year-old’s address is somewhere in Toyama Prefecture.

His last contact with the boy was when his divorced Japanese wife lived in the United States. He lost all contact after she and her son abruptly moved to Japan.

But Morehouse, who lives in Seattle, is finally taking a big step toward getting in touch with his son again, and perhaps bringing the child back to the United States.

The Hague Convention on the Civil Aspects of International Child Abduction took effect for Japan on April 1, giving parents overseas, like Morehouse, and in Japan a legal means to visit their children.

The so-called Hague Abduction Convention governs cross-border child custody disputes resulting from broken marriages. Under the treaty, if a marriage fails and the parents start living in separate countries, the decision on who receives parental rights to raise children under 16 falls under the jurisdiction of the country where the family lived with the child before the breakup.

Before Japan signed the treaty in January, a number of high-profile cases surfaced about the plight of overseas parents who had no legal way of even contacting their children taken to Japan by their former spouses. However, Japanese parents are also expressing hopes that the treaty will help them be reunited with their children who live overseas.

A Japanese woman living in Chiba Prefecture last month wrote a letter to the parents of her ex-husband, who are currently raising her 14-year-old daughter in the United States.

“I have the right to meet with my daughter,” the 34-year-old woman wrote.

She later received an e-mail instructing her to never again try to contact her daughter.

The woman was married to an American who worked at a U.S. military base in Kyushu. After they divorced, the ex-husband returned to the United States with their 8-month-old child in 2001 without the mother’s consent and asked his parents to raise the girl.

The mother visited the home of her former husband’s parents in the United States two years later, but she was allowed to meet her daughter only three times.

Five years ago, the ex-husband’s family refused to let her to see the child.

The woman said she expects the Hague Abduction Convention to help her in the battle against her ex-husband and his parents.

“I hope the Japanese government will negotiate (with U.S. authorities) as equals,” said the mother. She plans to use the Foreign Ministry to repeat her demands that her ex-husband’s parents allow her to visit her daughter.

Although cases involving children “abducted” before April 1 will be exempt from the convention, parents can still call for governmental assistance in setting up meetings with their children.

A Canadian man moved to Japan in 2011 to see his three daughters.

His ex-wife had returned to Japan with the children and had rejected all of his requests to visit the girls.

The Canadian said he met his children three times last year without prior appointments, and that he expects the convention to make it easier for him to visit his daughters.

The U.S. State Department said it received 24 applications on March 31 from divorced parents calling for meetings with their children overseas. A number of parents, including Morehouse, visited the State Department that day to request measures to set up visits with their children in Japan.

According to the State Department, 58 cases concerning 80 children unfairly taken from the United States to Japan have yet to be settled, the third highest figure after Mexico and India.

A representative of a group of those visiting parents said meetings with the children will be the first step in getting the children returned.

Paul Toland, a co-founder of Bring Abducted Children Home, a U.S. nonprofit organization calling for the return of children taken to Japan, said he wants the Japanese government to quickly take measures under the spirit of the Hague Abduction Convention.

Toland, himself, on March 31 called on the State Department to work with the Japanese government to set up a meeting with his 11-year-old daughter in Japan.

Beth Payne, director of the Office of Children’s Issues in the State Department, promised that the U.S. government will continue efforts to settle cases reported before April 1 by negotiating with Japan’s Foreign Ministry.

The U.S. Congress is currently discussing legislation to enable the president to impose sanctions on nations that fail to take adequate measures to resolve the child abduction problem. The House of Representatives has already passed the bill.

One issue of concern among Japanese parents is how courts will weigh domestic violence in deciding if their children should be returned to the nation where the family resided before the divorce or separation.

Under the convention, Japan’s Foreign Ministry will help foreign parents find arbitration organizations for their demands that their children in Japan be returned to them.

If the Japanese parents refuse the demands, the Tokyo or Osaka family courts will decide whether to issue orders for the children to be sent to the country where the family originally lived.

If the courts recognize the existence of serious domestic violence, the Japanese parents will be allowed to refuse to return their sons and daughters to their former foreign partners.

The Hague convention will also cover cases in which both parents are Japanese and one of them takes the child overseas.

Regardless of the parents’ nationalities, cases involving a divorced husband or wife taking a child elsewhere in Japan will not be subject to the treaty.

Under Japan’s Civil Law, parental rights are granted to one parent after they split. Although a divorced couple can discuss visitation rights at the time of the divorce settlement, the decision is not legally binding.

In many cases, the parents take their children elsewhere in Japan without the consent of their former partners.

Lawmakers from both the ruling and opposition parties are currently discussing legislation to address such domestic cases.

(This article was compiled from reports by Satomi Sugihara and Tsuyoshi Tamura in Tokyo and Takashi Oshima in Washington.)

THE ASAHI SHIMBUN

Here is a link to video of the protest at the Consulate-General of Japan booth at the Aki Matsuri festival at the Bellevue College Main Campus in Bellevue, WA:

 

http://www.bachome.org/wordpress/2012/09/the-government-of-japan-is-monitoring-bachome-org/

https://www.facebook.com/events/455708434462771/

If you are in the Seattle area, come join in the protest at the Consulate-General of Japan booth at the Aki Matsuri festival at the Bellevue College Main Campus 3000 Landerholm Circle SE, Bellevue, WA 98007. Contact Jeffery Morehouse with any specific questions. We will meet up at the Tully’s Coffee at 3080 148th Ave SE, Bellevue, WA 98007 to hand out the “Black Hole” t-shirts in advance.

http://baltimorepostexaminer.com/parents-urge-japan-to-return-abducted-children/2012/07/10

 

Parents urge Japan to return abducted children

BY  · JULY 10, 2012 · NO COMMENTS
·

Jeffrey and Mochi

Imagine getting a phone call stating that your children have been kidnapped. Your spouse has taken your kids to Japan, using the country’s laws to maintain custody. Every day becomes an exhausting task of contacting government officials to help, but little is accomplished.

This scenario is very real to Patrick McPike and the parents of nearly 400 abducted U.S. children living in Japan. Including Japanese children, an estimated 10,000 have been abducted by parents within Japan.

Japan has never returned any of them.

McPike traveled with his family to Japan to complete an assignment for his company. His marriage strained and his wife did the unthinkable.

“It seemed like a good opportunity to provide my wife’s family with an opportunity to spend some time with their grandchildren while they were still young,” McPike said. “When my assignment was up and it was time to come home, my wife abducted the children.”

McPike’s wife cut him off from communication with his two sons, Kai and Koh. The children became victims of Japanese law, which treats child abduction as a custody dispute rather than a felony crime. His wife is living in Japan, but could not be reached or found for comment.

Japan’s view of child abduction is different from the rest of the world. They are not a member of The Hague Convention – a treaty designed to return internationally abducted children to their home nations – and their courts favor one parent having sole custody. In 90 percent of cases, the rights go to the mother.

Japan is revising laws to open the possibility ratifying The Hague, but these changes may not be a total acceptance of The Hague in its current form.

“If we look at the domestic laws submitted by the government in order to execute the Convention, changes have been made with current Japanese public opinion and family court practices in mind, and it is questionable whether the intent of the Hague Convention has been incorporated,” said Takao Tanase, a professor who specializes in Japanese law.

During a U.S. Department of State briefing on U.S. child abductions to Japan, Assistant Secretary of State Kurt Campbell spoke about persuading Japan to join The Hague.

“The President also very strongly affirmed the Japanese decision to enter into The Hague Convention,” Campbell said. “He asked that these steps be taken clearly and that the necessary implementing legislation would be addressed.

“This is a human tragedy, that unless you get to experience and get to know these brave parents, it’s just impossible to imagine,” Campbell said.

Getting Japan to join The Hague would be helpful, but McPike says it will not be enough, by itself, to bring back all the missing children.

“The Hague is not enforceable,” McPike said. “The decision to comply with a Hague return is determined by the courts of the abducting country. To solve the problem requires reform of the Japanese system.  They need to hold courts and judges responsible for following the law.  They need to enforce kidnapping laws consistently and they need to provide for joint-custody.”

There have also been concerns about the lack of action from the U.S. per policy, the U.S. Department of State has not formally requested from Japan the return of any abducted U.S. children.

Kai and Koh together laughing in happier times. (Courtesy photo.)

Susan Jacobs, a special adviser for children’s issues for the U.S. Department of State, said that individual cases are raised with the permission of parents and the parents are updated on these discussions. However, most parents say they have not been told of their personal cases being discussed with Japanese government officials.

Ironically, Japan refuses to return U.S. children but they want their own citizens who are abducted to be returned. From 1978-1981, about 16 Japanese teenagers were abducted by North Korea. Five of those children were returned and about six have died. The others are still missing. Japan has come to the U.S. and the U.N. asking for help to get North Korea to return these children.

U.S. Secretary of State Hillary Clinton and President Barack Obama have met with Japanese families and assured they would provide help. Yet they have not met with any U.S. parents about their children being abducted to Japan, giving the appearance that they are more concerned with helping Japan.

Parents also question efforts by the U.S. Department of State because of the Mary Lake case.

In 2005, William Lake’s daughter was abducted by his ex-wife and taken to Japan. No one in the Lake family was Japanese, but William’s ex-wife knew of Japan’s custody laws.

On August 24, 2011, Mary Lake went to the U.S. Consulate in Japan and spoke with an official who told her to return home to her abductor since she did not have the money for a plane ticket to the states. Pressure was put on the U.S. Consulate and they aided Mary Lake’s effort to go home to her father the second time.

The return of Mary Lake gave parents of abducted children a small glimmer of hope for their own cases. For McPike and others like Jeffrey Morehouse and Randy Collins, getting their children back has become a daily job.

Morehouse and Collins serve as regional directors for Bring Abducted Children Home (BACHome), an organization established in 2010 to raise awareness of the missing U.S. citizen children kidnapped to in Japan.

Both men testified before the California State Senate Judiciary Committee for Senate Bill 1206 – Child Abduction Prevention. This is just one of many hearings they have attended to gather support.

During his testimony, Morehouse explained that he dropped his son Mochi off with his ex-wife for a parental visit in 2010. His ex-wife had threatened to kidnap Mochi before but the passport policy stated “when both parents have custody of the child, and the child is taken out of the country by one of the parents without consent of the other parent, it is punishable by criminal law.”

The Portland consulate violated the policy and provided his ex-wife with the passport for Mochi. Six days later he received a phone call from the police telling him his wife and child were missing. His wife kidnapped their son to Japan.

“In that moment, my life was shattered,” Morehouse said. “My days became consumed with dealing with local law enforcement, the U.S. Department of State, Japanese consular officials and anything I could think of to find my little boy.

“Every morning I wake up twice. The first time, I rush out of bed and prepare to get him ready for school. I can hear his voice in my head and my heart skips a beat. And then I really wake up and realize he’s still missing. The ongoing nightmare continues. The last time I held his hand, the last time I heard his voice was on Father’s Day 2010 and I’m still spending every day trying to locate my son.”

Morehouse, Collins and the other members of BacHome continue to exhaust their resources to locate their children.

They recently wrote a letter in advance of Clinton’s July 8 trip to Japan. Urging officials to help return their children, it was addressed to the Prime Minister to the Los Angeles consulate, four other Japanese consulates, members of the media, the Department of State, White House Office staff, all U.S. Senate offices, and members of the House of Representatives.

During Clinton’s visit about 40 parents of abducted children in Japan participated in a rally attempting to secure her help in pressuring Japan to address the issue of child custody.

Parents will continue to fight and hope that those in charge take notice and urge Japan to return their children.

“Imagine that tomorrow your child is going to be abducted,” Collins said. “What would you do today to prevent that from happening tomorrow?”

“I haven’t seen or heard from my son in almost four years. I don’t know what he’s thinking. But I did everything my government told me I was supposed to do to protect my son. I did everything that the courts told me to do to protect my son. Nobody protected my son.”