Flooding/landslides in south western Japan – message for Hugo

Hugo

I have been monitoring the news reports from Japan since the end of last week.  I and others here are very concerned about the ongoing reports about the shocking levels of rainfall, consequential flooding and landslides and resultant loss of life, centred primarily on Hiroshima Prefecture.

I remember the the last, more serious, set of landslides centred on Hiroshima city itself about which I posted extensively in August 2014 – a month that retains the record for the single largest monthly total of posts on this blog – which prompted me to contact the British Embassy in Japan to check on your welfare.

This time, it seems that it has been the wider prefecture rather than the city itself that has borne the brunt and I hope and pray that you are safe and well and have not been placed anywhere near harm’s way.  I will continue to monitor what is going on there and my thoughts remains with you as, of course, they always are irrespective of events such as these.

Daddy

[UPDATE, 13 JULY 2018, 1.05pm GMT:  I received an email from a Pro Consul at the British Embassy overnight, having contacted both your mother and, after not receiving a response from her the British Embassy in Tokyo, after posting the above message.  The Pro Consul confirmed that you are well; your mother also sent me an email after becoming aware of attempts by the Embassy to contact her via your maternal grandparents.  I am just happy that you are safe and well given what has happened in Japan.  I will post a further message to you and send some stuff to you later in the summer.]

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Justice Ministry panel looks to enforce custody transfers in absence of uncooperative parents

Justice Ministry panel looks to enforce custody transfers in absence of uncooperative parents

KYODO, JIJI

A government panel is considering making it easier for children to be handed over to parents who have secured custody even if the former spouse defies a court order to let them go, sources close to the matter said Tuesday.

The Justice Ministry advisory panel plans to allow the hand-over of children to parents who have won custody, even in the absence of the parent defying the court order, the sources said.

In September the panel said that, in principle, removal of children by court officials would be possible only if the parent currently living with the children is present at the time.

But the panel is now proposing that only the presence of the parent who won custody is required.

The panel reviewed an earlier report after critics said the parent who had lost custody may intentionally hide to prevent the hand-over of children, and that the absence of such parents has prevented transfer of custody in the past.

Japanese legislation implementing the Hague Convention on the Civil Aspects of International Child Abduction is expected to be revised as it currently requires the parent living with the children to be at the scene when children are handed over to the parent with legal custody.

“I hope to see an effective (legal revision) that will also give maximum consideration to the mental and physical well-being of children,” Justice Minister Yoko Kamikawa told a news conference Tuesday.

The convention, to which Japan acceded in 2014, set out rules and procedures to allow for the prompt return of children under 16 taken or retained by one parent to the country of habitual residence, if requested by the other parent.

There is currently no stipulation in Japan’s legal system regarding parents who do not abide by court orders to hand over children to their former spouse. Such disputes have been handled based on regulations regarding the seizure of assets.

According to the proposal in the interim report, divorced parents who defy a court order and refuse to let their children go would be fined until they yield, in order to encourage them to voluntarily abide by the court decision. After compiling a fresh outline that includes the latest review the panel is set to submit its proposal to the Justice Ministry, possibly in autumn.

Last month, the U.S. State Department listed Japan as one of the countries showing a pattern of noncompliance with the Hague treaty in its annual report on the issue.

It said that Japan has made “measurable progress” since 2014, but pointed out the lack of “effective means” to enforce court return orders.

Source:  “Justice Ministry panel looks to enforce custody transfer in absence of unco-operative parents”, The Japan Times, 26 June 2018 (see also Brian Prager’s comment below the article)

UK petition on child abduction

There is a petition on international child abduction that UK residents can sign.   It appears to have been launched in early April 2018 and from what I can see has received very limited publicity to date.  It remains live until 9 October 2018 and the text in support reads as follows:

Prevent child abduction and work to ensure abducted children are repatriated.

 
Approximately 500 cases of International Parental Child Abduction take place each year (that equates to ten a week) – these are figures from the FCO. Exit controls at the border were abolished in 1998, so court orders, alerts and other safeguards to prevent abduction cannot be effectively enforced.

The Government must raise awareness of the problem with public
authorities so that they can formulate more effective preventative
measures.

 
The Government must introduce a fully funded team dedicated to liaising with foreign Governments and fund legal action abroad to ensure that children are repatriated to the UK. The Government must implement the recommendations of the Law Commission to reform of sections 1 and 2 of the Child Abduction Act 1984.

10,000 signatures – of which there are only 45 to date – mine was the 45th – are needed for a formal response from the Government and 100,000 are needed for consideration to be given to a parliamentary debate.

Two abduction-related articles in today’s Japan Times

There were two parental child abduction-related articles published in today’s Japan Times.

 
The first was by Professor Colin Jones, who regularly writes about the subject. Writing about the James Cook case – which was addressed by him before. Here, he writes of Cook’s (what will be) futile attempt to impeach the Supreme Court justices who ultimately found against him. That such an attempt is made at all shows how set in their ways the Japanese judiciary is.

 
The second piece, though not on child abduction specifically does address the treatment of children post a divorce in Japan. According to the Japanese Bengoshi who wrote the piece, the views of a 15 year old and above child will take “paramount importance” in determining what will happen in terms of custody. If aged between 10 and 15 the views of the child are “supposed to be respected” but if the child is under 10 “the probability that the mother wins custody is over 80.” If these arbitrary demarcations based on age were entirely accurate, that would in itself be somewhat disconcerting but the reality is that in most cases the child will stay with the parent with physical custody, invariably the mother. That the article says nothing about contact/visitation for the non-resident parent and also ignores the reality, particularly prevalent in abduction cases (such cases of course occur within Japan as well), of parental alienation.

 
Overall, the content of both articles is unsurprising but say a lot about how the judiciary conducts itself in Japan.

Step forward for campaign to close legal ‘loophole’ on child abduction in Scotland | HeraldScotland

27th May 2018
Step forward for campaign to close legal ‘loophole’ on child abduction in Scotland
Peter Swindon @PeterSwindon
Senior reporter, Sunday Herald

CAMPAIGNERS against abduction of children by a parent have hailed a Scottish Government consultation on a change in the law as a “positive development”.
Scottish minsters are under pressure to close a “loophole” which means a parent can’t always be prosecuted if they take a child overseas from Scotland without the consent of the other parent.
If a child is taken overseas from England and Wales it is a criminal offence under the Child Abduction Act 1984 but the law only applies in Scotland if a court order preventing travel is already in place.

Lawyer Yousif Ahmed, from Glasgow, is leading a campaign to remove the requirement for a court order so that Scotland’s law on child abduction is brought into line with the rest of the UK.
A meeting between campaigners and Scottish Government officials was held this week after it was announced that the so-called loophole will be examined as part of a wider consultation on family law reform.
Ahmed said: “The current Scottish framework fails to protect children and parents in Scotland and far too many children and parents have been let down by a loophole that fails to protect them from this abuse.
“Scottish ministers need to take action to address this ongoing problem. In a joint effort, we have highlighted in great detail the various shortcomings and failures that exist in the Scottish framework and the changes that are needed.
“The Scottish Government has heard the voice of the campaign and has taken our message on board. We are very pleased that as a result of our campaign work, it has now issued a consultation on proposals to reform the law. This is a fantastic achievement within a short space of time.”
Scottish Government figures show the number of international child abduction cases have risen over the last 10 years, from two cases in 2007 to 20 cases in 2016.
The government consultation on the Children (Scotland) Act 1995 is “seeking views on how civil and criminal child abduction by parents can be further prevented”.

The consultation states there may be a need for a “minor change” to Section 2 of the 1995 Act which would mean a court order is no longer required for it to be an offence to remove a child from Scotland without appropriate consent.
Ahmed, who is director of legal services at Cannons Law Practice, added: “I would ask everyone to get behind this extremely positive development by encouraging the Scottish Government to implement the proposals set out in the consultation and effect the positive legislative change that is needed in Scotland.
“Together, we can make a difference and achieve a positive and lasting change that will help to protect children and parents all across the country from this abuse.”
A Scottish Government spokesman said: “There is already legislation in place making it an offence in Scotland for a person connected with a child under 16 to take or send the child out of the UK without the appropriate consent where a court order is in place awarding custody of the child to another person or prohibiting removal of the child from the UK.
“Depending on the circumstances of the case, someone suspected of child abduction may also be charged with the common law offences of abduction or plagium.
“The consultation on the Children (Scotland) Act 1995 seeks views on a range of issues, including whether to change the law in Scotland on parental child abduction and we welcome the constructive contribution from campaigners on this issue.”

 

Source:  “Step forward for campaign to close ‘legal loophole’ on child abduction in Scotland”,  The Sunday Herald, 27 May 2018