Posts Tagged ‘Hague Convention’

California Divorce Blog–Japan ratifies Hague Convention

April 19, 2014

On March 31, 2014, Japan officially became a party to the Hague Convention on the Civil Aspects of International Child Abduction. This is cause for celebration because far too many children have been abducted and taken to Japan by the Japanese parent.  Hopefully, as the Japanese courts begin to grapple with Hague cases the Judges will gain experience and knowledge about the Hague Convention and return children to their home countries as required by the convention.

This is important progress but far from the safety net many assume.  Please note that the Convention has no retroactive effect, although some countries may voluntarily act. It usually takes a while for a country to fully train judges and comply with the treaty. It is pretty clear that Japan will construe defenses broadly where Domestic Violence is alleged.

In Japan, when there are allegations of Domestic Violence, typically the Dad is not allowed visitation. Japan uses the “clean break” approach to custody — consolidating all rights and power in one parent and allowing that parent to decide if there will be visits. Japanese fathers struggle to get any visitation. There are many other problems with Japanese custody law and practice. 

As a practical matter, there are no real-world remedies for the left-behind parent. If one parent remains in the US and the other parent moves with the child to Japan, the parent remaining in the US may never see his or her child again.
Also, please note that the Abduction Convention is not yet in force between the U.S. and Japan. This happens on a country by country basis. The US State Department will decide when we will accept Japan as an Abduction Convention partner.
It is important that you contact an experienced attorney when dealing with Child Custody matters. Please contact Attorney Keith F. Simpson today at (310) 297-9090 to discuss your important legal issue!  Or visit http://www.simpsonlaw.net to e-mail Attorney Simpson.

California Divorce Blog– Assistant U.S. Secretary of State Comments on Parental Child Abduction in Japan

June 17, 2012

According to multiple sources including the Mainichi Shinbun, a Japanese newspaper, American Diplomat and academic Dr. Kurt Campbell, the current United States Assistant Secretary of State for East Asian and Pacific Affairs, spoke to families of Japanese victims kidnapped by North Korea. During the meeting Assistant Secretary Campbell voiced his support for the Government of Japan to take action on the issue of Parental Child Abduction (presumably urging support for the Hague Convention).  This wrinkled feathers as the Japanese Government views the two issues as separate and distinct. Kidnapping as a state sponsored action as compared with parental child kidnapping.

Certainly the two issues are separate. However, an argument can certainly be made that they are one in the same if the Japanese Government is complicit in allowing parental child kidnappings to occur in Japan. I believe this is the case.

The world has been urging Japan, a first world nation, for years to on to sign on to, and ratify the Hague Convention on the Civil Aspects of International Child Abduction.  The Government of Japan, which has again stated that Japan will sign the Hague Convention, has requested amendments to it, prior to signing. The problem with this request is that all parties have signed the Convention in its present form.  If Amendments were made to the convention then this would require ratification and likely dilute enforcement of its provisions.  It is best for all non-party nations to sign on to the Hague Convention as children should not be allowed to be spirited away from one country to the next without permission.

The United States Department of State recently made changes in how it approaches cases involving children in Japan.  An American parent recently received communication from the State Department which provided in part that “the Office of Children’s Issues’ (OCI) procedures have recently changed and we will be unable to request future welfare visits for your children, as we are no longer making these requests for access-only cases.”  This seems to indicate that the Department of State will no longer work on these types of cases which is very unfortunate for American parents with children in Japan who are being denied visitation by their ex-spouses. Recently OCI has been referring parents of children abducted to Japan to the Japanese Court system.  As we are all aware, a referral to the Japanese Court System to obtain custody has been a dead end referral to date. It is certainly the very rare exception when any non-custodial parent prevails in the Japanese Court system.  Everyone is aware of this issue, which makes this a sad day for American parents of children stuck in Japan.

I became an attorney because I believe in the Rule of Law. Without law we would have anarchy. There are places in the world where the Rule of Law is non-existent. We all know what happens when this occurs. The Country of Japan does not have the Rule of Law regarding Parental Child Abductions.   I urge Japan to ratify the Hague Convention as they have indicated they may.  Parents and children demand the certainty of the Rule of Law. Without it we are simply left with chaos, which clearly does not work.

Attorney Keith F. Simpson is a California Lawyer in Manhattan Beach, California and represents clients regarding all types of Family Law matters. Please call Keith Simpson today to discuss your question at 310-297-9090.

California Divorce Blog — Japanese Parental Child Abduction and President Obama

November 17, 2010

It is disappointing that President Obama passed on an opportunity to discuss with Japanese Prime Minister Naoto Kan the epidemic of Parental Child Abductions in Japan.  After all, did not President Obama run on the platform of Change?  It appears that President Obama’s inaction in Japan signals the status quo will remain as policy for the present.

New Jersey Congressman, Rep. Chris Smith, urged President Obama prior to the trip to raise the “heartbreaking” issue of Parental Child Abduction with the Japanese Prime Minister.  Presently, Japan remains the only G-7 industrialized nation that has yet to accede to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention has been adopted by more than 70 countries and is an important tool for those seeking access to and/or the return of a child abducted across international borders.

France recently passed a Resolution condemning Japan for its policy of not only allowing Parental Child Abduciton to occur but actually tolerating the policy.  According to The Japan Children’s Rights Network, Japan has never returned a child brought there by a parent in violation of a United States custody order.  This statement is also supported by the U.S. Department of State website.

Recently the House of Representatives passed H.R. 1326 “Calling on the Government of Japan to immediately…provide left-behind parents immediate access to their children”. Congressional members condemned Japan for permitting human rights abuse against children, denying them the love of a parent, relatives and friends.  Read the full text of H. Res. 1326 by clicking on this link. http://thomas.loc.gov/cgi-bin/query/z?c111:H.RES.1326:  The final vote passed on the Congressional floor.  Now it has been moved to the U.S. Senate for consideration.

I believe that Parental Child Abductions  are currently allowed to occur because most people are not aware of this epidemic.  It is only through blogs such as this as well as the public statements from Representatives, and websites like http://www.crnjapan.net that the public will become aware.  I believe we will see outrage over families being torn apart because of Japanese public policy.  Japanese law must be changed to recognize foreign child custody orders as is the case in all other First World Nations.  President Obama once again had a chance to address this issue with the Japanese Prime Minister, but failed all American Left Behind Parents by letting this golden opportunity slip by.

International Parental Abduction to Japan

November 10, 2010

Throughout my career as a family law attorney I have encountered the issue of Parental Child Abduction more than I wish to admit. Parental Child Abduction occurs when one parent conceals, and or removes a child from their home jurisdiction without the consent of the other parent. If this occurs within the boarders of the United States there are laws to protect both the children’s and the parents rights.  When law enforcement is involved you should expect that the  children will quickly located.  However, when International Parental Child Abduction occurs and the children are absconded to a foreign land, the chances of reunification can become extremely complicated if not impossible.

Recently events occurring in the world of International Parental Abduction and the country of Japan have been in the spotlight.   Japan is not signatory to The Hague Convention on the Civil Aspects of International Child Abduction and remains the only first world nation which refuses to join. The Hague Convention was formed for the express purpose to provide an expeditious method for the prompt return of an abducted child from from one member nation to another member nation. The purpose of the Hague Abduction Convention is to preserve the existing court order and custody arrangement. While the Hague Convention may not be the perfect solution, it is a line of defense for the Left Behind Parent.  Since Japan is not a member nation there is no working framework to return an abducted child from Japan to another country. Unfortunately for American parents, the Japanese courts have been at best, reluctant, to return an abducted child to the United States despite a court order from an American court to do so.

The United States Department of State website provides in part,

“…in cases of international parental child abduction, foreign parents are greatly disadvantaged in Japanese courts, both in terms of obtaining the return of children to the United States, and in achieving any kind of enforceable visitation rights in Japan. The Department of State is not aware of any case in which a child taken from the United States by one parent has been ordered returned to the United States by Japanese courts, even when the left-behind parent has a United States child custody decree.”

http://travel.state.gov/abduction/country/country_501.html

International Parental Abduction is a terrible situation and can often render a Left Behind Parent helpless. They are faced with the prospect of losing custody of their child forever if the Japanese parent returns to Japan.

So, what is an American parent to do when a Japanese parent is threatening to return to Japan with the child or children?

As an attorney representing a parent that is faced with the possible abduction of a child to Japan it is imperative for me to plan a strategy to immediately get into court and educate the judge. Many judges are not aware that Japan is not a party to The Hague Convention on the Civil Aspects of International Child Abduction. This can and has been shown to sometimes lead to bad decision making.  If an American parent is faced with the possible abduction of their child by a Japanese Parent, making sure the judge is fully informed of his obligations under the law must be the focus of our petition.

Historically judges may choose to order a Japanese parent to post a bond if they wish to vacation with the children in Japan. A bond however has been shown to be useless time and time again.  No amount can replace the love of a parent / child relationship.  No amount can cover possible costs when faced with retaining a Japanese attorney to attempt to litigate the matter in Japan. As set forth above, the United States Department of State is not aware of any case where the child was successfully returned to America. It never happens!! Posting a bond may suffice if the parent is returning to a Hague Signatory nation. Since Japan is not a member nation a bond will never suffice as a safeguard for the non-Japanese parent.

I have found that Japanese parents typically argue to the court that they have significant ties to the community in the United States and pose no flight risk.  There are many reports of Japanese abducting parents stating time and time again that they promise to return after a short trip to see Grandma, never to be seen again. We have to respond and demonstrate to the courts successfully that the Japanese parent does not have significant ties.  There are a number of methods to demonstrate their lack of connection by producing relevant evidence. Another safeguard is to request that the court order the Japanese parent to surrender both the American and Japanese passports.  Unfortunately, there are again numerous reports of the local Japanese Embassy and Consulates issuing “emergency” passports to abducting Japanese Parents.  The American parent should also inform the local airport authorities of the situation and provide a detailed description of the child or children along with any recent court orders. If the Japanese parent is determined to return to Japan then it is vital to prevent the children from boarding the airplane.  Once the plane has departed the Left Behind Parent is in for the fight of their life!

Recently the United States House of Representatives, in H. Res. 1326 as well as a coalition of Ambassadors to Japan have stepped forward and condemned Japan for it’s lack of action when a citizen of Japan breaks International Law by parentally abducting a child.

“…the Government of Japan has refused to prosecute an abducting parent or relative criminally when that parent or relative abducts the child into Japan;”

“the Ambassadors to Japan of Australia, France, New Zealand, the United Kingdom and the United States, the Charges d’Affaires ad interim of Canada and Spain, and the Deputy Head of Mission of Italy, called on Japan’s Minister of Foreign Affairs, submitted their concerns over the increase in inter- national parental abduction cases involving Japan and affecting their nationals, and again urged Japan to sign the Hague Convention;”

The country of France is also in process of issuing condemnation through their senates special session.

“Japan does not punish the illicit transfer of children and it has not signed the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. “

My hope is that the nation of Japan will become a party to the Hague Convention and allow all left behind parents access to their abducted children immediately. If you are in an international marriage or relationship it is vital that you seek legal advice regarding the custody of your child if the other parent wants to return to his or her homeland without your consent.

For further assistance please contact Attorney Keith F. Simpson of the Law Offices of Keith F. Simpson, A Professional Corporation

(310) 297-9090

http://www.simpsonlaw.net

http://www.caldivorce.net

http://www.lacountyfamilylaw.com

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ref:

http://travel.state.gov, http://www.senat.fr, & The Japan Children’s Rights Networkhttp://www.crnjapan.net


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