Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Monday, January 15, 2018

Japanese Supreme Court Upholds Refusal to Return Children

From International Family Law Firm:

The Osaka High Court has just issued a decision in a case under the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”) that provides strong support for the claim that Japan does not comply with the terms of the treaty and that is, indeed, in violation of its treaty obligations.

It has not been possible until now to analyze the decisions of the Japanese courts in cases brought under the Hague Convention since they are unpublished and confidential.  Such secrecy has precluded Japanese lawyers from reporting on specific cases, and has frustrated scrutiny of court decisions.  However, the author has now obtained a copy of the shocking decision of the Osaka High Court in the case of Arimitsu v. Cook, issued on February 17, 2017.

This author has long asserted that the law by which Japan brought the Convention into Japanese law -- Act No. 48 of June 19, 2013, which is identified as the “Act for Implementation of the Convention on the Civil Aspects of International Child Abduction” (the “Implementing Act”) – contains provisions that inappropriately and excessively expand the so-called “grave risk exception” to the treaty. The author has also long expressed serious concerns that return orders issued by the Japanese courts would not be effectively enforced in Japan.

Read more here.

http://lawprofessors.typepad.com/family_law/2018/01/japanese-supreme-court-upholds-refusal-to-return-children.html

Custody (parenting plans), International | Permalink

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