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• W319143014 abstract "I. INTRODUCTION Desperate times call for desperate measures could be the slogan for many parents whose children have been abducted to foreign countries by ex- or estranged spouses. Take Christopher Savoie's well-publicized struggle to regain custody of his children.1 Savoie traveled to Japan in September 2009 with the intention of bringing his two young children back to the United States.2 One month before, Savoie's ex-wife, Noriko Savoie, had illegally taken the children to her home country of Japan in violation of a Tennessee court order.3 Christopher Savoie was unsuccessful in his attempt to bring his children back to the United States and was sent to a Japanese jail for attempting to re-abduct his children at their school.4 Savoie spent over two weeks in jail before he was released back to the United States.5 To date, not a single parent whose children have been abducted to Japan has obtained favorable relief from a Japanese court.6 Unable to deal with such discouraging statistics, some parents have even taken their own lives.7 International parental child kidnapping is such a heartrending crime because there is often no remedy; children who have been taken to a foreign country by one parent often never see the other parent again.8 Parents whose children have been abducted to Japan face an especially bleak future, because Japan is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention),9 the first international treaty to effectively address parental child abductions.10 With more than 10,000 children in Japan being kept from seeing their foreign parent after a divorce or separation,11 Japan has become a haven for international child abduction.12 Due to pressure from numerous states,13 Japan stated in May 2011 its intention to become a signatory to the Hague Convention. 14 On March 9, 2012, the Japanese Cabinet approved a domestic bill that is needed before Japan can sign the Convention.15 This bill will now go to the Diet.16 If the Diet enacts the bill, Japan can sign the Hague Convention.17 There is no exact date as to when Japan will sign the Convention,18 however, and at least one lawyer who specializes in international law has expressed doubt about Japan's sincerity in signing the Convention.19 It will take a great deal of work for Japan to successfully implement the Hague Convention.20 Japan has concerns about signing onto the Convention, specifically that the Hague Convention allows children to be returned to abusive fathers.21 Although Japan will have to make changes to its adjudicative process for the Convention to be a success, the benefits to Japan, other countries already parties to the Convention, and-most importantly-separated children and parents, will be worth it. This Note argues that Japan should become a signatory to the Hague Convention, and in so doing, Japan can respect both the purpose and goal of the Hague Convention, as well as address its own concerns about domestic violence. This Note proposes that the successful implementation of the Hague Convention hinges on Japan making structural and administrative changes to its family court adjudicative process. This Note first considers the Hague Convention generally, including its object and purpose, the requirements for returning a child to the state of habitual residence, and the role of the Central Authority. Part II.B discusses the rise in international marriage and divorce that has led to increasing rates of parental child abductions. This Section also details what other options are available to left-behind parents. Part II.C examines the Japanese problem specifically, and what current structural, procedural, and cultural barriers are preventing Japan from signing onto the Hague Convention. Part II.D discusses several reasons scholars have identified as to why it would be beneficial for Japan to become a party to the Hague Convention and also examines the concerns Japan has stated about signing onto the Convention, specifically the Convention's treatment of domestic violence issues. …" @default.
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• W319143014 date "2012-04-01" @default.
• W319143014 modified "2023-09-23" @default.
• W319143014 title "It Can Be Done: On Japan Becoming a Successful Signatory to the Hague Convention on the Civil Aspects of International Child Abduction" @default.
• W319143014 hasPublicationYear "2012" @default.
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