• 14
  • February
    2011

Today's post will continue previous international child custody/international child abduction discussions. Specifically, it will provide an update on the difficulty encountered by U.S. - based parents trying to get their children back from Japan, a country that has long been labeled a key political and military ally.

Currently, Japan is the only major industrialized nation that is not a signatory to the 1981 Hague Convention on the Civil Aspects of International Child Abduction, a treaty that forbids parents from fleeing with their children to any of the 82 participating countries.

While Japan expressed interest in signing the Hague Convention just last September, it has yet to take any definitive action. (Government officials maintain that while the nation is seriously contemplating becoming a signatory nation, the action would inevitably take time as changes to certain domestic laws would need to be enacted.)

According to one high-ranking U.S. official, however, this lengthy period of deliberation by the Japanese government may be causing consternation - and even resentment - in Congress.

"It's going to be important that we see progress soon on this issue. There is a building degree of anxiety - and in some places anger - on Capitol Hill," said Assistant Secretary of State for East Asian and Pacific Affairs Kurt Campbell.

In Japan's current family court system, child custody is typically granted to only one parent while the other parent seldom receives any sort of visitation rights. Furthermore, Japanese courts do not recognize foreign custody orders.

The government's primary justification for this approach is that it protects Japanese women and their children from the dangers posed by abusive foreign spouses.

However, the consequences of this stance are that parents who have had their children abducted to Japan are left with few options.

Still, Assistant Secretary Campbell remains hopeful that the problem can soon be resolved, asking Japan to sign the treaty and treat international parents with cases pending in Japanese courts both "responsibly and humanely."

"Let's take the opportunity, over the next several months, to get this done and to move beyond this issue and focus on the critical issues between the United States and Japan and a new Asian set of circumstances," said Campbell.

If you are currently involved in a child custody dispute or have questions regarding international child custody, you should strongly consider speaking with an experienced legal professional.

This post is provided for informational purposes only and is not to be construed as legal advice.

Stay tuned for more from our Denver divorce blog ...

Related Resources:

U.S. wants Japan to act soon on child abductions (AFP)