Enforcement measures eyed to settle child custody battles

The Mainichi

Enforcement measures eyed to settle child custody battles

TOKYO (Kyodo) — An advisory panel to the Japanese Justice Ministry proposed Friday that measures be enforced on divorced parents who take custody of their children against a court order to pay fines.

If the parents continue to refuse to let the children go, court officials will be entitled to take away the children, the panel said in an interim report on the reform of the nation’s child custody system.

The proposal has been made at a time when critics are criticizing the inconsistency between the state’s handling of such disputes between domestic and international marriages as the latter were already subject to rules of the so-called Hague treaty.

Japan in 2014 acceded to the Hague Convention on the Civil Aspects of International Child Abduction, which sets out rules and procedures for the prompt return to the country of habitual residence of children under 16 taken or retained by one parent, if requested by the other parent.

The Justice Ministry plans to solicit public comments on the report later this month. After reporting the outcome to the panel, the ministry is expected to submit a bill to revise the civil execution law to the Diet in 2018 at the earliest.

There is currently no stipulation in Japan’s legal system regarding parents who do not abide by a court order to give away children to their former marital partners. Such disputes have been handled based on regulations regarding the seizure of assets.

According to the proposal in the interim report, divorced parents who refuse to give away their children in defiance of a court order will be fined until their surrender to encourage them to voluntarily abide by the court decision.

If the parents continue to ignore the court order for two weeks, court officials will be allowed to take away the children and put them in the hands of the other parents.

If divorced parents fail to pay expenses to raise children, the report also proposes enabling courts to make inquiries to financial institutions on information about such parents’ financial assets.

Source:  “Enforcement measures eyed to settle child custody battles”, The Mainichi, 9 September 2017 

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Japanese family law “incompatible” with Hague Convention

There was a telling article published in the International Academic Forum’s Journal of Asian Studies Summer 2017 issue.  The author, Takeshi Hamano, of the University of Kitakyushu, spells out why the ratification of the Hague Convention has had a limited impact – because domestic Japanese family law is “incompatible” with the principle of the Convention.

I set out, below, the abstract and, below that, a link to the article itself – it is not a subscription website:

Author: Takeshi Hamano, University of Kitakyushu, Japan
Email: ian.mcarthur@sydney.edu.au
Published: August 4, 2017
https://doi.org/10.22492/ijas.3.1.03

Citation: Hamano, T. (2017). The Aftermath of Japan’s Ratification of the Hague Convention on Child Abduction: An Investigation into the State Apparatus of the Modern Japanese Family. IAFOR Journal of Asian Studies, 3(1). https://doi.org/10.22492/ijas.3.1.03


Abstract

The aim of this paper is to discuss the ways in which a recent international dispute has evoked an inquiry about the family ideology of modern Japan. Initially, it explains a recent issue on Japan’s ratification to the Hague Convention on child abduction. In April 2014, the Japanese government finally ratified the Hague Convention on child abduction, an international Convention to resolve disputes on international parental child abduction. However, skepticism toward Japan still remains, because, in order to put the international Convention into practice, Japan has not proceed to radical family law reform at this stage. To recognize this incongruent situation, this paper explains that the present Japanese family law is incompatible with the principle of this international Convention. Although the Convention premises shared parenting in the grant of joint child custody even after divorce, Japanese family law keeps the solo-custody approach, which is necessarily preserved in order to maintain Japan’s unique family registration system: the koseki system. Arguing that the koseki system, registering all nationals by family unit, is an ideological state apparatus of Japan as a modern nation state since the nineteenth century, this paper concludes that recent international disputes regarding parental child abduction in Japan inquires about a radical question on national family norm of Japan.

Keywords

Japan, family, the Hague Convention on the Civil Aspects of International Child Abduction, child custody, koseki

Link to article:  http://iafor.org/archives/journals/iafor-journal-of-asian-studies/10.22492.ijas.3.1.03.pdf

End of summer 2017 message

Hello Hugo

Another summer ends.  Your 6th in Japan in a row.  It’ll soon start cooling down again so no more sweltering walks to the station/school until 2018.

Here is a short UK update for you.

Today marks the 20th anniversary of the death of Diana Princess of Wales; it made news around the world at the time and there has been a lot in the media over it this summer.  I clearly remember when I found out; I was back home in Everton for the summer after the end of my first year at university.  My mum told me in the kitchen when I went down to make coffee.

As I posted yesterday, our Prime Minister is currently on a trade mission to Japan.  My repeated requests to the Foreign Office in the UK to lobby the Japanese government much harder and more publicly on the issue of parental child abduction have not to date been heeded and I fear that such issues will not be on Mrs May’s delegation’s visit.  As such I yesterday put in a freedom of information request to find out why this continues to be the case and when this will change.  I will update the blog in the coming weeks as soon as I receive a response.

I spent a couple of days with Dad up in Edinburgh, Scotland, over the late August national holiday. It is a fantastically beautiful city also with much on offer around it in the surrounding, mountainous countryside.  We concentrated mainly on the city centre but did manage to get the bus out to the Royal Yacht Britannia now moored in Leith, a coastal suburb of Edinburgh.

Dad celebrates his 89th birthday next month and everyone is meeting up, as we did last year, at the Boathouse down in Hythe to mark the occasion.  Plans are also being tentatively developed for his 90th birthday in 2018.

Less positively, both my aunt Diana and your Great Grandma have recently been diagnosed with cancers.  Diana is responding very well to treatment as it was caught early – she is expected to make a full recovery – but Grandma is still waiting for a full medical assessment.

Your UK cousin, Olly, is doing well.  He celebrated his first birthday in April and my sister returned to work at about the same time.

I have mailed you the items below in two tranches, one today and one on 24 August.  These include a genuine Edinburgh/Cashmere scarf – I tried it on before sending it to you and it is very soft and fluffy and will, I trust, help keep you warm this winter.

Prime Minister visits Japan

Foreign &
Commonwealth
Office

Press release

PM heads to Japan to build strong post-Brexit relationship with Tokyo

The Prime Minister begins a new era of strengthening Britain’s ties and influence in Asia with an ambitious three-day trip to Japan.

North Korean missile test

Hello Hugo

I have just seen in the news that North Korea has launched a missile over Hokkaido and not just into the Sea of Japan as had hitherto tended to be its habit.  It is leading the news on the BBC.  Although the incident was thankfully some way north of you, it must be a worry for you as it is very much for me as there is no guessing what this evil and arbitrary regime may do next or when.

The last time that there was an incident of this magnitude was in 2009; the launch then coincided with a flight that I took from Narita to London having spent a holiday with you and your mother in Japan (you stayed on 3 months longer before coming back to the UK – I had to return to work).  I will try and post some photos below of us together on that visit later today or later this week as I do not have access to them at this moment.  Anyway my thoughts and prayers are with you at this time – as they are always.

Daddy