• 06
  • May
    2010

"American patience has run out," said New Jersey Representative Christopher Smith, who is spearheading legislation intended to force Japan to change its policy on child custody for non-Japanese citizens. "For 50 years we have seen all talk and no real action on the part of the Japanese government."

Japan remains the only nation in the developed world that is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, an international treaty concerning child custody.

The treaty is intended to prevent parental kidnapping. Courts in signatory countries are not to consider the underlying merits of any child custody dispute but to maintain the status quo of existing child custody orders.  The treaty also mandates the immediate return of any child who is unlawfully taken abroad to his or her country of habitual residence. The purpose is to deter parents from taking their children abroad in search of a court more sympathetic to their cause.

Activists claim that thousands of American children have been taken to Japan by parents seeking to deny child custody to the children's other parent. Japanese courts virtually never grant child custody to foreigners. U.S. lawmakers charge that Japan's child custody laws violate human rights.

International Child Custody Disputes a Growing Problem in the U.S.

The difficulties of resolving international child custody disputes have been highlighted in the news recently. Last year saw the case of New Jersey father David Goldman, who was denied custody of his son by Brazilian courts in violation of the Hague Convention. After five years in litigation, the Brazilian Supreme Court eventually ruled in Goldman's favor and allowed to take his son home.

This year, Christopher Savoie of Tennessee made international news after being detained in Japan after retrieving his children, who had been brought to Japan unlawfully by his former wife. After taking his children to a U.S. consulate, Savoie was arrested and held for two weeks before being allowed to return to the States - without his children. Japanese law has no provision for visitation.

"In 58 years, Japanese parents have stolen hundreds of children from the United States and the Japanese government has refused to cooperate in the return of even one" said Savoie in a May 5 interview with Agence France Presse.

Congress Could Create Ambassador-at-Large With Authority for Sanctions

If the legislation proposed by Congressman Smith passes into law, would create an ambassador-at-large for child abductions. The ambassador would have the right to impose punishments ranging from a diplomatic protest to a bar on imports of Japanese goods by U.S. agencies.

Japanese Prime Minister Yukio Hatoyama promised progress on the issue. In February he stated that his administration was willing to adopt the Hague Convention. He warned, however, that parliament was unlikely to ratify the treaty in this session.

Lawmakers, Savoie, and other fathers of half-Japanese children gathered for a rally to coincide with Japan's annual Children's Day. Reflecting the feelings of many of the fathers who have no access to their children, Savoie expressed his hope that his children might see him on TV.

"Please always remember, Daddy loves you," he said.  

Related Resource:

"US lawmakers threaten Japan on child custody" (Agence France Presse, May 5, 2010)