As discussed in prior posts, the number of people with international child custody concerns is increasing at a significant rate. Most of these cases involve parents whose former spouse is threatening to or has already returned to their native country with the couple's children.

Unfortunately, these absconding parents often leave the country without permission from a U.S. court, creating significant legal difficulties for the parents from whom the children were taken.

(Please see "International Child Custody and International Child Abductions" for background information.)

Compounding these difficulties is the fact that many of the countries to which these former spouses flee are not parties to the 1981 Hague Convention on the Civil Aspects of International Child Abduction (hereinafter the Hague Convention).

Why is this significant?

In essence, the Hague Convention is an international treaty that prohibits parents from fleeing with their children (without the requisite legal permission) to any of the 82 signatory countries. If a country is not a party to the treaty, however, a parent has limited legal redress regarding child custody.

Interestingly, Japan is currently not a member of the Hague Convention and is facing international pressure to amend its stance.

Last week, officials from several European Union countries and several other countries (U.S., Great Britain, Canada, France, Spain) met with Japan's Minister of Justice to convince the nation to become a member of the Hague Convention or implement some sort of legal mechanism granting parents visitation rights.

"We reiterated that we place the highest priority on the welfare of children who have been the victims of international parental child abduction, and stressed that children should grow up with access to both parents," said the U.S. embassy in Tokyo in a released statement.

Japan's current family court system treats child custody matters much differently than here in the United States. For example, child custody is typically granted to one parent while the other parent is hardly ever granted any type of visitation. In addition, Japanese courts do not recognize foreign custody orders.

Statistics from the State Department reveal that there are now 95 cases concerning 136 children who have been taken to Japan without permission from the other parent or a U.S. court.

Japan has expressed some level of interest in signing the Hague Convention for several years. However, real action has yet to be taken.

If you fear that your former spouse may flee the country with your child or you would like to learn more about international child custody, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal advice. Be sure to contact a legal professional if you have questions or concerns regarding child custody.

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Related Resources:

More Countries Join Fight Against Japan in Child Abduction Cases (Stars and Stripes)

Tags: International Child Abduction, International Child Custody, Japan, The Hague Convention, Visitation