International Child Abduction in Japan - The Hague Convention

The Hague Convention

Main article: Hague Convention on the Civil Aspects of International Child Abduction

Japan is one of two G8 members, the other being Russia, and the only G7 nation, to not sign the Hague Convention on Child Abduction, which requires signatory governments to return children to their "habitual residence" when children are illegally removed or retained from that residence in violation of another party's, generally the other parent's, custodial rights. Most of the 82 signatory countries are Western nations from Europe, North America, South America and Australia while most countries from Africa, Asia and the Middle East are not signatories of the convention. Since this treaty is not retroactive, the present ongoing cases cannot be resolved even if Japan signs on to the Hague convention. Rather, remedies must be sought under Japanese family law to enforce visitation orders.

Within signatory countries, children who were abducted are supposed to be sent back to their "habitual residence" after the abduction takes place. For nations which define such abductions as felonies, Interpol can issue notices, and the abducting parent can be arrested during international travel. The Convention does not demand that any country recognize the ruling of a family court in other countries. Rather, the convention demands that signatories recognize and promptly return abducted children to their habitual residence. As a non-signatory, Japan will not return abducted children to their habitual residence even if they grew up overseas, while abduction or re-abduction of Japanese children in Japan by a foreign parent from de facto custodial Japanese parent would be considered as crime if force is involved, due to the heavy preference of Japanese courts to maintain the status quo of the children in Japan. Since The Hague convention came into effect, not a single Japanese case on international parental abduction has been solved through Japanese court ruling and enforcement.

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