The Hague Convention (Convention on the Civil Aspects of International Child Abduction)
Process toward Conclusion of the Hague Convention
1. Overview
(1) Beginning of Process
In January 2011, the Government established Meeting of Parliamentary Senior Vice-Ministers of related government agencies to deliberate on Japan’s conclusion of the Hague Convention. Discussions focused on issues such as ensuring consistency with the domestic legal system, facilitating the safe return of a child, and establishing a Central Authority, carefully considering various perspectives and opinions expressed including by both proponents and opponents. As a result, the Government came to the conclusion that concluding the Hague Convention would have significance. Consequently, on May 20, 2011, the Cabinet approved preparations for the conclusion of the Hague Convention and decided to designate the Ministry of Foreign Affairs as the Central Authority which is the focal point to facilitate applications for assistance and other procedures concerning the return of a child.
(2) To Establish a Legal Framework
The first task before Japan concluded the Hague Convention was to enact a domestic legislation (the Implementation Act) in order to domestically abide by the Convention. During this enactment process, the Ministry of Justice was responsible for coordinating overall drafting of the Implementation Act, including the court procedures, while the Ministry of Foreign Affairs was in charge of drafting the part related to the duties of the Central Authority. Accordingly, the Ministry of Justice discussed these issues within the Legislative Council’s Hague Convention Working Group (on procedures for cases relating to return of child), chaired by Professor Hiroshi Takahashi of Chuo University’s Graduate School of law. Concurrently, the Ministry of Foreign Affairs conducted discussions at Round-table Conference on "the Roles and Functions of Central Authority under the Hague Convention", chaired by Professor Mitsuro Kobayakawa of Seikei University Law School.
(3) Submission of the Bill to the Diet
Taking into account the outcome of the discussion of the aforementioned Legislative Council and the Round-table Conference, the Ministry of Justice and the Ministry of Foreign Affairs drafted the Implementation Act bill. Following Cabinet approval on March 9, 2012, both the draft approval for the conclusion of the Convention and the Implementation Act bill were submitted to the 180th Ordinary Session of the Diet. As these proposals did not pass in 2012, the Government resubmitted both the draft approval and the Implementation Act bill to the 183rd Ordinary Session of the Diet following Cabinet Approval on March 15, 2013. The draft approval for the conclusion of the Convention was unanimously adopted in the plenary sessions of both the Lower and Upper Houses on April 23 and May 22, 2013 respectively, and thus the Convention was concluded. Similarly, the Implementation Act bill was unanimously adopted at the plenary sessions of both the Lower and Upper Houses plenary sessions on May 9 and June 12, 2013 respectively, and was thus enacted into law. (Act No.48 of 2013)
2. Details
(1) March 2013 Cabinet Approval
(2) July to December 2011
"Round-table Conference on the Roles and Functions of Central Authority Prescribed in the Hague Convention"
- "Round-table Conference on the the Roles and Functions of Central Authority Prescribed in the Hague Convention" (Correction on Parent-Child Visitation or Contact) (March 9, 2012) (Japanese only)
- The 5th Meeting (December 7, 2011)
- The 4th Meeting (November 22, 2011)
- The 3rd Meeting (October 24, 2011)
- The 2nd Meeting (September 13, 2011)
- The 1st Meeting (July 27, 2011)
(3) Invitation for Public Comment and the Result (Announced on September 30, 2011)
- Result of Public Comment Concerning the Role and Functions of Central Authority to Implementing "Convention on the Civil Aspects of International Child Abduction (Provisional Name)" (the Hague Convention) (November, 2011) (Japanese only)
- Announcement of Invitation for Public Comment Concerning the the Roles and Functions of Central Authority to Implementing "Convention on the Civil Aspects of International Child Abduction (Provisional Name)" (the Hague Convention) (Japanese only)


