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)