Dozens of children, including at least 89 children with Australian parents, have been abducted in Japan by one parent under a century-old law.
Japanese lower-house politicians have passed a bill to implement joint child custody, bringing the country one step closer to ending a century-old sole-custody system that critics say has allowed parents to legally abduct their children.Japanese police have refused to enforce Interpol missing persons notices in a legal system that protects the last parent who was physically with the child.
After passing Japan’s lower house, the government-sponsored bill will now be sent to the upper house, where it is expected to pass by June. The government controls 143 of 248 seats in the House of Councillors. If passed, the new legislation will take effect by 2026 and be applied retrospectively to those who have already divorced. Japan’s family court will be able to intervene if there is a dispute in the custody arrangements.“But it doesn’t go far enough to deal with the complex issues here in Japan,” she said. “Its main goal is to deflect criticism both at home and abroad of the family law system in Japan, which is not in line with international norms.
The legislation was designed to help women fleeing violent relationships in the early 20th century, but is now being used by one parent to legally abduct their children and change their names, addresses, health and education details to hide children from the other parent.The laws have been the subject of protests and counter-protests across Japan. Domestic violence groups have been concerned that joint custody will keep women in violent relationships.
The new laws are expected to maintain sole custody in cases where domestic violence is suspected but details on how those claims will be assessed have not been publicly released.
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