In Japan, lépineuse issue of parental abduction of children - The Point

The allegations are severe, the response is a denial categorical, and the problem remains whole : 8 July, the european Parliament adopted at 686 votes in favour

In Japan, lépineuse issue of parental abduction of children - The Point

The allegations are severe, the response is a denial categorical, and the problem remains whole : 8 July, the european Parliament adopted at 686 votes in favour (1 against, 8 abstentions) a resolution calling for Japan with regard to the multiplication of cases of kidnapping of children have dual nationality by one of their parents is japanese.

That said the european resolution ? That Japan " does not seem to comply with the international rules in cases of abduction of children ". And it " urges the state party to effectively enforce court decisions concerning access rights and access granted to left-behind parents so that they maintain significant contact with their children residing in Japan ". "The children who are nationals of the european Union to Japan should benefit from the protection envisaged by the international agreements guaranteeing their rights," insists the text.

Response from the minister of foreign Affairs of japan, Toshimitsu Motegi, who was interviewed two days later on, this international dispute : "Japan has always cooperated as he had with the authorities of other countries, judicial decisions are taken without consideration of nationality, so the accusations have no basis. "And, for the japanese side, the discussion stops there.

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Road fighter

For fathers and mothers to foreigners deprived of their children, on the other hand, the fight begins there. They occur abroad or in Japan, these subtractions children are a huge problem which is already publicly shown concern of european heads of State, including president Emmanuel Macron during a visit to Japan last year.

With the growing number of mixed marriages (the more often a Japanese with a foreigner) will also increase the separation and divorce. However, when there are children, the couple is struggling, the parent japanese has a tendency to act in a sudden and unilateral : by leaving the matrimonial home with the little ones. In the case where the removal is accompanied by the cross-border movement, to the parent aggrieved may bring proceedings in the framework of the Hague convention which provides for the return of the child to his or her usual place of residence in order to settle legally in this country, the litigation of marriage. However, it is criticised for mothers in japan to do so to arrange to circumvent this convention by claiming to be victims of violence, which may constitute an exception to the making of return of the child. And, even in the case where a japanese court ordered the return in the country of residence initial, the execution of the decision cannot be enforced. If the parent japanese dam, nothing happens.


The pattern of violence is also invoked in nearly all cases of departure from the home of a parent japanese when the family resides in Japan. The fathers deny the most often, but the judges tend to not take risk and keep away from children. The Australian spent several weeks in jail for having tried to take news of her children with her in-laws. If visit there, they are often limited to a few hours per month in a specific place, sometimes under the supervision of a third person. The foreign parent, even in the case where he has nothing to hide, will all the sorrows of the world to be successful.

"there are, of course, domestic violence in Japan, but the definition is more extensive and everything becomes violence, and therefore a pretext to validate a situation of fact created by the departure of the mother," says the member Hidehiro Mitani, a former lawyer who takes up the cause of parents deprived of their children. But, in doing so, he has all of the feminist organizations on the back who accused him of protecting violent men. "The policy of assistance to the women actually being beaten is not the height," said a person in charge of social assistance in Tokyo.

When the divorce is pronounced in Japan, parental authority and custody are not entrusted to one of the two parents ( the more souventcelui who is left with the children), because the law is so made. Are also affected by this loss of contact with their children most of the fathers of japanese divorce. Many resign themselves. The question of joint parental responsibility (not recognized) reactions are very hard for lawyers and mothers who have custody. The debate is blocked at this stage and the current government shows no intention to concrete to make it move.

Updated Date: 12 July 2020, 14:33

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