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Japan and International Child Abduction
On May 20, 2011, Japan finally announced its intention to sign the 1980 Hague Convention on the Civil Aspects of International Child Abduction. To date, 84 countries are parties to this treaty, and Japan is the only G7 country not on the list. Japan has long been an unrepentant haven for child-abducting parents. The United States Office of Children's Issues has no record of any cases requesting the return of a wrongfully retained or abducted child being resolved through the Japanese court system. The only successful returns have been the result of voluntary agreements negotiated between the parties. Unfortunately, as welcome as Japan's announcement might be to the international community, its reputation as a black hole of parental child abduction might not be lost so easily.
The 1980 Hague Convention on the Civil Aspects of
International Child Abduction
The Hague's Convention on International Child Abduction essentially prevents an abducting parent from international forum shopping for custody, and protects the jurisdiction and custodial rights of the left-behind parent. The Convention offers two remedies to a left-behind parent or guardian, depending upon whether the petitioner seeks to recover a “right of custody” or a “right of access” as defined by Article 5 of the Convention. Deprived holders of rights of custody may apply for immediate return of the child under Article 8, and deprived holders of rights of access may apply for enforcement of their access rights under Article 21. In order to determine which remedy, if any, is appropriate, courts must determine whether the petitioning parent holds any rights of custody or access in the country from which the children were taken.
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