Russia to join Hague Abduction Convention

Posted on April 8, 2011. Filed under: Hague Convention | Tags: , , , |

A draft law on joining the Hague Convention on the Civil Aspects of International Child Abduction has been submitted to the Lower House of the Russian Parliament. The convention paves the way for protecting Russian children from abduction and bringing those who violate the convention to justice.

The convention was concluded in The Hague in October 1980. At present, 82 countries, including the majority of the CIS member countries and the Baltic States are party to the convention. The convention ensures prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state that has joined it. It also helps to honour the rights of guardianship over children and provides access to divorced parents to communicate with them.

Lately, noisy scandals linked to children of mixed families of Russians and foreigners have cropped up one after another. Russia has no bilateral agreements on mutual judicial assistance on civil affairs with the majority of states, which detain children born to such families.

When Russia joins the convention, it will get an opportunity to defend children born to parents of mixed marriages, Russians married to foreigners, says a member of the Lower House committee handling the issues of family, women and children, Nina Ostanina. The deputy emphasizes that this concerns problematic situations like that of the actress Natalya Zakharova who has been denied access to her daughter Masha living in France for several years.

“There are precedents with a positive outcome. For one, a Belarus sick girl, who underwent medical treatments in Italy, was detained by an Italian family because they liked her. However, the child was returned to Belarus following a verdict by a court in Genoa in line with the convention. In fact, Belarus is a participant of the convention,” Nina Ostanina said.

At present, none of the verdicts issued by foreign courts concerning Russian children can be used in Russia. However, when Russia joins the convention it will get an opportunity to use them. It has been proved that it’s no easy task to implement the convention. The key task before Russia is to set up a central body to implement the convention in the country. It is entitled to assist in searching for children who have been abducted by parents and in the implementation of the decisions by foreign courts. It’s unclear which ministry will undertake these functions, Education, Justice or some other ministry. The final step will be educating Russian judges, who will be specialized in examining such cases, by experts in international law.


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5 Responses to “Russia to join Hague Abduction Convention”

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I bet Russia is true to their word and signs the Hague within the next 3 months. I bet Japan keeps stalling. The earthquake has given Japan a great reason to delay signing. Hopefully, I am wrong but time will tell.

I hope Japan will sign it next.

now that Russia has ratified the convention, the issue is whether thr country is sincere about implementing it. The first cases coming from the UK, US, and Italy give a strong hint that Russia is not sincere and will not return children to other countries. The Grin case, mentioned in these linked articles would seemly squarely within the Hague, especially since the children’s habituale domicile is different from either parent’s citizenship. Will Russia act on the Hague, or continue as a destination for kidnappers?

Russia has decided that the Hague Convention it just signed does not meaning anything. In the Grin Case, the response from the Ombuds for Children is that since the mother is Russian, the kids are Russian and Russian Children should stay in Russia! There is no room for discussion of habitual residence nor for talking about the return of the children unfortunately.

Japan has since become signatory to the Vague Convention.
This is where it stands as of May 2014

The Japanese Govt. has been very sneaky and evasive in handling the cases thus far with all it’s loopholes and quirks in it’s laws.

So,after signing onto the Hague Convention in Japan. The rules are if you live in a foreign country……They (SAY) they will look into your case and help you? (which is Red Tape)

Now here is the biggest problem with it…….. If your living in Japan and you are alienated or have an abducted Child they won’t help you!! (Imagine that??)……….Now does that make any sense to all of you??

So, they expect you to go back to your country and then they say they will help you……Like it’s cheap to come to Japan an pay for you own accommodation and spend months going through it’s clown like Legal system. In which the mother might say she’s busy or working etc. and that will delay the case even longer.

Furthermore, If your Japanese…. You get a Lawyer, if your a foreigner you have to pay for one (another way to truly help) No, who said Japan isn’t a nationalistic xenophobic place? Good luck finding a lawyer who understands English well enough and understands foreign culture and the true meaning of LOVE.

The Vague Convention isn’t designed to return or put the Parents in contact with their children thus far. It’s just to quiet the Parent and look like the Japanese are complying and truly trying to help.

POLITICS in it’s finest form….. Give or sign onto something, but make so many loopholes that it would be hard to get a result in a timely manner. good for the Lawyers though$$$

MOFA huh!!

Wish us all luck, cause we need it when dealing with the Japanese Legal System,Politicians and Culture, Where yes means no, and NO means Yes.

Love and Peace.
Tim Johnston
father of:
Kai Endo Japan

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