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

Process toward Conclusion of the Hague Convention

March 7, 2014

1. Overview

（1）Beginning of Process

In January 2011, the Government set up Meeting of ParliamentalySenior Vice-Ministers of related government agencies to discuss whether Japan should conclude the Hague Convention and deliberated such issues as how to ensure consistency with the domestic legal system and how to ensure safe return of a child, and how a Central Authority should be established while taking into account opinions of supporters as well as opponents. As a result, the Government came to a conclusion that concluding the Hague Convention would have significance, and then the Cabinet approuved on May 20, 2011 preparation for the conclusion of the Hague Convention and decided to designate the Ministry of Foreign Affairs as a Central Authority which is the focal point to facilitate the applications and other procedures for 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 obligations prescribed by the Convention. In the process of enactment of the Implementation Act, the Ministry of Justice was to take the role of coordinating overall drafting of the Implementation Act as well as drafting the court procedures while the Ministry of Foreign Affairs was to be in charge of drafting the part related to duties of Central Authority such as to discover the whereabouts of child, to support for solutions based on discussions between the parties, to support for the safe return of child, and assistance for practicing parent-child visitation or contact. Accordingly, the Ministry of Justice discussed the issues at the Hague Convention Working Party (on procedures for cases relating to return of child) of the Legislative Council chaired by Professor Hiroshi Takahashi of Graduate School of law at Chuo University, and the Ministry of Foreign Affairs conducted the discussions at Round-table Conference on "the Roles and Functions of Central Authority prescribed in the Hague Convention" chaired by Professor Mitsuro Kobayakawa at Seikei University Law School.

（3）Submission of Bill to the Diet

Taking in to account the outcome of the discussion of aforementioned Legislative Council and the Round-table Conference, the Ministry of Justice and Ministry of Foreign Affairs drafted the bill of the Implementation Act and submitted both the Convention and the Implementation Act bill to the 180th Ordinary Session of the Diet following the Cabinet Approval on March 9, 2012. As the said Convention and the bill did not get approved for enactment in 2012, the Government resubmitted both the Convention and the Implementation Act bill to the 183rd Ordinary Session of the Diet following the Cabinet Approval on March 15, 2013. The Convention was adopted unanimously in the plenary sessions of both Upper and Lower Houses on April 23 and May 22, respectively, thus the Convention was concluded. The Implementation Act bill, also, adopted unanimously at the plenary sessions of both Lower and Upper House plenary session on May 9 and June 12, respectively, thus was enacted as law. (Act No.48 of 2013)