Child Custody and Abduction Laws Across the World

In Japan, the issue of child custody has been an areatheir child into Japan and refuse any contact with the
of international contention ever since human rights andforeign father. This is regardless of what custody
the equal rights of both parents have become soarrangements have been made in other countries. So
widespread. In the UK and many other countries, whenfor example, if a Japanese woman married an
a couple separate, child custody is decided based onAmerican man in the US and had a child together,
the grounds of which parent is most able to care forseparated and were granted joint custody in the US,
the child or children. If both parents are able then theythe mother could still take her child back to Japan and
will share joint custody. However, in Japan, when aprevent her ex-husband from gaining access to the
couple separate one partner is given sole custody ofchild.
the child or children and it is usually the mother. ThisThere is an international convention on child abduction
means that the father has no legal rights to visit theirwhich the US, France, Australia, The United Kingdom,
child until they are grown-up.Spain, New Zealand and Canada have all signed but
This situation has led many countries to call on Japanwhich Japan is not a party to at the moment. Japan
to adapt its child custody laws so that more equalhas claimed that if they signed the convention then
rights are given to both parents and the child's needsJapanese mothers who fled with their children away
are taken into account. Studies have shown thatfrom abusive foreign husbands would have no
children benefit from communication with both parentsprotection, however that is not the case. Now minsters
and so it does not seem reasonable to cut offfrom Japan are working on resolving the issue which
communication all together with one parent.will allow foreign parents visitation to their children and
There are also issues relating to child abduction casesplace an emphasis on the needs of the children
between Japan and other countries. If an internationalinvolved.
marriage breaks down, the Japanese mother can bring