Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Immigration Law

2015

SelectedWorks

Immigration Law

Paul Hanley

Articles 1 - 1 of 1

Full-Text Articles in Law

Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley Aug 2015

Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley

Paul Hanley

Despite Japan’s recent adoption of the the Hague Convention on the Civil Aspects of International Parental Abduction, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any judicial oversight or guidance. Further complicating matters, when a marriage ends in Japan, joint-custodial rights usually end, with only one parent getting physical custody of a child. …