U.S. family courts are often asked to restrict a child’s travel to Japan, based on a fear that the child may be wrongfully retained, and the parent’s concerns about the law in Japan. This article is the first in a series of articles in this newsletter and provides information on the current status of family law in Japan.
For several years, the U.S. Department of State claimed that Japan was not compliant with its obligations under the Hague Convention because it lacked the laws to enforce an order to return a child. However, on April 1, 2020, Japan enacted an amended Implementation Act with additional enforcement provisions, and the rate of successfully enforcing orders of return has now risen from 44% to 80%, as reported by the Japanese Ministry of Foreign Affairs.
Between the date the Hague Convention entered into force for Japan and March 31, 2022, Japan concluded 106 cases with regard to the return of children from Japan to other Contracting States. Of those 106 cases, more than 60% were resolved amicably. Thirty-eight of the 106 cases were concluded by court order, and the Japanese courts ordered the return of the child in 24 of those 38 cases, which equates to more than a 60% return rate. A report on these statistics is found on the Ministry of Foreign Affairs website.
