Japan’s Recent Approach to The Hague Child Abduction Convention

This presentation discussed Japan’s recent approach to The Hague Convention on the Civil Aspects of International Child Abduction. It has been almost four years since Japan ratified The Hague Convention and now some critical and conflicting issues have become apparent. The seminar discussed these issues from procedural perspective, mainly focusing on the enforcement of the court orders dealing the children. Although it has been agreed that the best interest of the child is paramount, arguments regarding the actual court procedures related to the child custody are endless. Some relevant court judgments and law reform movement in Japan were also discussed.

Masako Murakami is a Professor at Nagoya University of Japan. Her main research interests are Civil Procedure and International Civil litigation. In more recent years, she has been researching international child abduction and international child custody. She was a member of Legislative Council of the Ministry of Justice on Civil Aspects of International Child Abduction and International Jurisdiction on Personal Status Litigation and Domestic Relations Cases. Her recent publication written in English is “Case Proceedings for the Return of an Abducted Child and the Compulsory Execution in Japan” (Japanese Yearbook of International Law, vol. 57, at 33-55, 2014).