• 24
  • May
    2011

Previous international child custody/international child abduction posts have discussed the legal difficulties encountered by foreign parents trying to get their children back from Japan.

Specifically, these posts examined how the reluctance on the part of the Japanese government to become 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 - is creating resentment on the part of many countries, including the U.S., Britain, and France.

While Japan has expressed some interest in signing the Hague Convention over the years, (as recently as last September), it had never taken any definitive action.

However, just last week, members of Prime Minister Naoto Kan's Cabinet announced that they were providing their official endorsement to Japan becoming a signatory to the Hague Convention.

The move - which would undoubtedly be widely celebrated by the international legal community - would constitute a seismic shift in the landscape of Japanese family law.

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.

If Japan does indeed sign the Hague Convention, this would all change. However, it is still not clear whether the Japanese Parliament will provide the necessary approval of such a groundbreaking measure.

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

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.

Related Resources:

Japan joins international child custody pact (The Huffington Post)