Things Japan can learn from Moracco about the Hague Convention

Posted on March 8, 2013. Filed under: Child Abduction, Child Custody and Visitation, Divorce, Hague Convention | Tags: , , , |

Japan and Morocco are quite similar in some ways. Morroco took some steps recently to become a Hague signatory. It would be wise if Japan followed their lead. Of the 146,408 divorces in Japan in 2009, only 3.6% involved both parents taking part in child rearing. Japan’s system seems to favor sole-custody, but Morocco had a very similar system that valued one parent, usually the mother, under Shari’a law. Although Morocco allowed the father to make important decisions about the child, such as where the mother and child could live and whether the child could travel abroad, all decisions regarding daily functions and routine care were left to the mother, essentially creating a sole custody system, similar to that of Japan. Both systems included matrifocal tendencies. While Japan’s Civil Code typically breaks custody into shinken and kangoken, the Moroccan Code of Personal Status similarly divides custody into hadana and wilaya. Morocco successfully uprooted its custody system and allowed joint responsibility to be established among parents, as one parent was given hadana and the other wilaya. In Japan, the same ideology should be adopted. Instead of granting one parent parental rights and physical custody, efforts should be made to grant shinken to one parent and kangoken to the other to allow for increased responsibility for both parents and bring about an understanding of joint custody.
Second, Japanese courts, or the Japanese Diet, need to establish visita- tion as a fundamental right. One of the key reforms Morocco made to join the Hague Convention was to establish visitation rights. However, these rights were already inherent within the Moroccan system as such meas- ures were implied when Moroccan mothers were prohibited from moving away from the father so that the father could have access to the child. Similarly, in Japan, an understanding of the psychological benefits of visitation on the child is already taking root. Courts have even granted visitation rights in some cases, but have made the rights extremely limited. It is time for Japan to push this notion and make visitation rights funda- mental within the constitutional system.
Third, Japan needs to dissolve its current registration system, or at the very least, modify the system. Allowing a child to be taken off a father’s register when a mother changes her name after divorce, resulting in the loss of parental rights for the father, is abhorrent. The registration system should be discarded completely or altered so that the child’s name will remain under both parents’ registers, regardless of the marital status of the parents. Such changes will bring Japan one step closer psychologically to joint parental responsibility.
Fourth, in order to comply with the Hague Convention, services must be available to ensure the return of children to their habitual place of residence. Like Morocco, Japan should implement law enforcement mechanisms to find abducted children and return the children safely. Fortunately Article 226 of the Japanese Penal Code is already in effect to return abducted children. The Japanese government needs to force Japanese law enforcement officers to comply with Article 226 to ensure abducted children are returned home.
Lastly, before signing the Hague Convention, Morocco entered into specific bilateral agreements to resolve familial disputes with neighboring countries to promote collaboration and global cooperation. In an effort to ease global tension, Japan would be strongly urged to do the same with the United States, the United Kingdom, France and Canada, as these four countries have repeatedly called on Japan to increase efforts to prevent parental abduction.

To read the full article click: Hague Moracco vs. Japan

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