Japan urged to sign accord against parental abductions

Friday 22nd May, 06:18 AM JST

TOKYO —

The United States and three other western nations Thursday urged Japan to sign an accord against parental child abductions, saying scores of children are being held in the country.

U.S., French, British and Canadian diplomats launched the rare joint appeal at a U.S. Embassy press conference, listing cases of foreign parents who have been unable to see their children in Japan after a breakup or divorce.

“We do feel a sense of urgency because the number of cases is increasing very dramatically,” said acting U.S. ambassador to Japan James Zumwalt.

“I think because we have more and more international marriages, we can expect in the future a further increase in the number of these cases.”

The United States had received reports of 73 cases of parental abductions involving 104 children in Japan, said Michele Bond, the U.S. State Department’s deputy assistant secretary for overseas citizen services.

In 29 more cases, all family members were in Japan, but the U.S. parent was denied access to a child after a separation or divorce, she said.

Britain, France and Canada between them reported 95 similar cases.

In one case, a French father “has no contact whatsoever, never ever, with his daughter,” said Christophe Penot, French deputy head of mission. “It’s almost unbearable for a human being to find himself in such a situation.”

Japan is the only Group of Seven member country that has not signed the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

The Hague treaty requires a country to expeditiously return abducted children to their country of habitual residence. However, even if Japan signed the treaty, it would still have to change its civil law so that it applied.

In contrast to other developed nations, visitation rights are not enshrined in Japanese law and child abduction by one parent is not a crime.

Every year in Japan, following a break-up or divorce, 166,000 children are separated, usually definitively, from one of their parents—the father in 80% of cases—according to official statistics.

Eighteen Japanese associations of parents deprived of their children are fighting, alongside Japanese lawmakers, for reform of the system.

Bond said some Japanese parents were also affected in international cases.

“There are many cases of Japanese citizens’ children who have been abducted to other countries—to our own countries or to other countries,” she said.

“Because Japan is not a member of the Hague Convention, even if the children are abducted to a Hague convention member state, Japan cannot benefit from that because it’s not a Hague partner,” she added.

Bond said she had met officials of Japan’s foreign and justice ministries who had reiterated that “the government is very seriously and carefully considering accession to the Hague Convention,” she said.

“We do wish to urge the government of Japan to proceed with greater speed perhaps, because it is an issue which has been under serious and careful consideration for quite some time,” she said.

Wire reports

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Latest 15 of 54 Total Comments Show All

taiko666 at 01:56 PM JST - 22nd May

This system is truly part of another, darker age.

... an age from which Japan refuses to emerge.
OneForAll at 03:03 PM JST - 22nd May

I agree with kirakira25 wholeheartedly. But I wonder what the Japanese are thinking. Harmony? For the child and family that is raising the child? I do think that if the children were of a culture different from Japan (does not speak Japanese well etc) then the foreign parent would get the children. Does anyone have any comments on this situation?
norinrad21 at 04:21 PM JST - 22nd May

long winding road
kirakira25 at 04:33 PM JST - 22nd May

I don`t think it is a case of the foreign parent "getting" the children - I think the point of it all is that they are not even given the option - the kids are effectively stolen from them, and all communication is cut off.

I contacted my embassy regarding this issue a ong time ago when I was pregnant with my second and asked for advice having heard so many horror stories.

The person I spoke to was fabulous and basically told me that Japanese courts do not obey foreign court rulings, and legally consider children as assets to be divided up accordingly. He had personal experience of the whole thing. His off the record advice was to get their foreign passports, and at the first sign of any trouble, get back home and then contact the embassy from home. They would supply me with all the documentation I would need to prove to the courts that ordering the kids back to Japan would essentially be separating them from their Mother for good. They had a test case recently back home where exactly that happened, and the court ruled the kids could stay with their mother in the UK.

In the end, I have gone for the softer approach of cultivating an excellent relationship with my in-laws and discussing this at length with my husband. Luckily we both feel the same way, but I think it is easier for me. I am not the one at work all day, and it would be far easier for me to take off with the kids than for him! My mother in law says if I ever do a runner with the kids and leave Japan she wants to come with me!!!

Also being able to read, write and speak Japanese, and having a permanent visa gives me an added sense of security. I don`t know all the stats, but from what I have read the majority of cases seem to be where a Japanese wife has been living overseas and abducted the kids back to Japan, followed by a Japanese wife abducting the kids from within Japan.

As for what they are thinking, I have no idea. I have a friend (Japanese wife and husband) who is divorced and her son lives with her. She told me he never sees his Father and gets upset any time he is mentioned. He is 5 years old. I feel so bad for him, but then I dont know the circumstances. I have another friend married to a divorcee with an 18 year old daughter from his first marriage, and since he divorced 12 years ago they see her at least once a month, and she is part of their family and step-sister to their two daughters. So I think a lot depends on the family situation to start with. But those are both examples of Japanese marriages. As for mixed marriages - I honestly dont know what they are thinking.
kirakira25 at 04:38 PM JST - 22nd May

Just wanted to add to Okisurfer and others - my heart goes out to you and I REALLY hope you will be reunited with your kids soon. I couldn`t imagine a single day without mine and I can only imagine your pain.
jeancolmar at 08:31 PM JST - 22nd May

Here is what, until Japan signs, the rest of the world should give the Japanese North Korean abduction issue the cold shoulder. Once that is done on a massive scale Japan will realize that it can no longer remain the child abduction capital of the world and expect sympathy for it own abduction issue.
pointofview at 09:44 PM JST - 22nd May

kirakira25, In many cases the custody rulings have already been handed down in favour of the non-Japanese parent by the courts overseas. In other cases, the parent just decides to up and go without warning. Grandparents in Japan are also given precedence over the foreign parent in many of the cases that are dealt with by the Japanese courts. Thats ridiculous. Whats even more unbelievable is that the individuals who are doing the abducting and the ones who support them probably sleep well at night.
WMD at 10:04 PM JST - 22nd May

japan is just being its usual racist self. Now it's time for other countries to force japan to realise that there are consequences for their acquiesence in child abduction. No support for the N Korean kidnappings should be the least of the measures. Japanese should be treated the same worldwide as foreigners are treated in japan.
NYC_Samurai at 11:47 PM JST - 22nd May

Until Japan rectifies this situation by signing the Hague convention I see no reason why they should have a seat at the UNSC. Shame on them!
billsinusa at 02:58 AM JST - 23rd May

I found this movie online about the issue - http://wwwfacethetruth.net

Also there is a guy who has been fighting this longer than almost anyone else - check his site at

http://www.youtube.com/ekalmus
ncmec at 07:52 PM JST - 24th May

One of the major problems in these cases is the tendency of parents (and in many cases even official organisations) to claim that children are "missing" when in fact their whereabouts are known. In the face of all the disinformation on what children are missing and what aren't, it is hard to accept the statistics given in this article as credible.

Check out this site for more information on missing child fraud:

http://www.ncmec.eu

The Japanese courts do not appear to take kindly to the imposition of foreign criminal proceedings on the Japanese parent. In this context they act no differently than the courts of any other country.

Key is to focus on the children and their future, not on which of their parents did what.

Perhaps what is called for is a softer touch by the foreign parent and the authorities of his or her home country, in seeking to resolve problems related to the best interests of these children?
pointofview at 08:36 PM JST - 24th May

nmec,

Not true. Foreign judges have not done what Japanese judges do. For example: If the foreign parent wins custody the other will in most cases be granted visitation rights. If the parent with the kids denies access to the other there will be big trouble. In Japan they dont give a squat about the other parent. Just think there is an infamous story about a ruling to a non-Japanese parent who was only granted 3hrs a year of visitation. Nonsense. If the Japanese parent says no to that time or any other visitation agreements nobody will do anything for them. Its absolute stupidity and racism on behalf of the courts and police in Japan.
GW at 09:58 AM JST - 25th May

ncmec,

Sorry disagree on the soft approach, that is what has been tried all these years. The sad fact is just like Jpns rape vidieos, child porn & rape video games, the only way to make progress on child abduction is a major dose of giatsu, the world needs to publically shame Jpn into action.

The above issues Jpn is simply incapable of doing the right thing on its own, and these are incredibly EASY issues to act on & do the right thing & Jpn cant even figure these out on its own, how on earth cud(shud) Jpn handle a permanent seat on the UNSC when it cant handle these obvious issues.
Stonecoldsoba at 10:27 PM JST - 25th May

kirakira:

We both agreed that we would always work out a way to be friends and raise the kids "together" even if we are not "together".

You might say I'm pessimistic but should you ever cease to be "together", I wouldn't be surprised if in his view any agreements you made while "together" ceased to be valid in the new circumstances.
globalization at 01:37 PM JST - 27th May

in japan the blood relation seems to be very crucial important. mother and children belong together by blood ties. father is excluded from theses bonds and considered outsider. this is true for japanese fathers too. child custody is given to mother never to father in japan .so different cultural values here. think twice before your marry a japanese