The Hague Convention (Convention on the Civil Aspects of International Child Abduction)

Japan concluded the Hague Convention, and it entered into force in 2014. This was an event of great significance to the country in resolving issues related to the cross-border movement of children.

(1) Issues prior to concluding the Convention

Before the Hague Convention entered into force, parents whose children were removed from Japan to a foreign state shouldered immense burdens and difficulties, from locating their children to navigating trials in foreign courts, compounded by the difference in legal systems and cultures. Furthermore, Japanese citizens living abroad that wished to return to Japan temporarily with their children would encounter serious obstacles, such as the other parent refusing to give consent or a foreign court disallowing the children’s temporary return to Japan. These difficulties arouse due to the absence of a treaty-based mechanism to resolve cases where such temporary visits to Japan resulted in the child being retained there.

(2) Improvements after concluding the Convention and their real-world significance

• Ensuring international cooperation and support
  Since the entry into force of the Hague Convention, parties involved in individual cases have been able to pursue procedures - with support from Central Authorities in countries concerned and Japan (the Ministry of Foreign Affairs) - to secure the return of a child wrongfully removed from Japan, or to facilitate contact with a child living abroad, in accordance with the international rules defined by the Convention. The Central Authorities of Contracting States provide various forms of support, such as locating children, lawyer referrals, and assistance with court proceedings, depending on specific circumstances of their respective countries.
• Preventing troubles surrounding the return of Japanese nationals residing abroad
  For Japanese citizens living abroad who wish to temporarily return to Japan with their child, Japan’s status as a Contracting State of the Convention has reduced the difficulty of obtaining the other parent’s consent or permission from a foreign court. This has contributed to averting disputes surrounding departures from the country of residence to Japan or other destinations. Furthermore, there is enhanced clarity about procedures for the resolution of issues under the Convention, such as mediation and litigation, if one parent returns to Japan with a child without the other parent’s consent, and various forms of assistance provided by the Japanese Central Authority have become readily accessible.
• Deterrence effect for issues related to the cross-border movement of children
  Widespread awareness of the Convention’s principle regarding the return of children to the state of their habitual residence has served as a deterrent to parents who may have otherwise acted without careful consideration to move a child across borders without the other parent's consent.
• Promoting cross-border contact with children
  Having become a Contracting State of the Convention, parties involved in individual cases can benefit from the support of Central Authorities in other nations in ensuring that parents and children living across borders have ample opportunities to maintain contact with each other.