From the Shadows on IMDb is a 2013 documentary film about child abduction by parents and relatives in Japan. Japan and the United States have been treaty partners under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) since April 1, 2014. In 2009, there were 73 outstanding cases involving 104 children who have been abducted to or retained in Japan by parents. The name of the custodial parent is then recorded in each child's entry in the koseki. Jones, a professor at Doshisha Law School, states that parental rights are not recognised in Japanese law, pointing out an academic debate in Japan over whether visitation was a right of the parent or the child or something else. [60] When a divorce is finalized at the city hall, the name of the custodial parent of each child must be written in the filing. [19], According to the Australian Embassy in Japan in 2010 there have been thirteen abductions to date. Jeremy D. Morley, an American lawyer who has handled many abduction cases in Japan, has pointed out that the practice of sharing child custody after a divorce is "alien" to Japanese and not found in Japanese culture or history, which may help to explain its absence from Japanese law. When a sole custodial parent dies, the family court starts the procedure of appointing a guardian unless one has been designated in the will of the custodial parent. It entered into force on 1 April of that same year. "[3][dubious – discuss] Attorney Mikiko Otani, an expert on family law who ultimately supports joining the Hague Convention, also expressed her reservation, saying that the convention is based on the principle of returning the child and only in very extreme violent cases has the Article 13 defense been successfully invoked. A divorce is not finalized in Japan unless custody is agreed to by the spouses or determined by the Japanese court. [89] On the other hand, Colin Jones of Doshisha University, while accepting that domestic abuse defense in the convention is inadequate, nevertheless argued that if Japan signed the convention, abducting mothers would more than likely resort to this defense successfully to avoid their children being returned because Japanese family court is heavily biased in favor of the mother. However, this provision likely will not apply to cases where a Japanese mother who is the primary caregiver brings her children back to Japan in defiance of the custodial ruling of a foreign court, as this would not likely be seen to involve coercion or force against the child. Please contact us today! Unfortunately, currently no kid has been repatriated by the Japanese authorities by enforcement. Japan is non-compliant to the Vienna Convention of 1963, the Hague Convention of 1980 and the UN Rights of Children of 1989. 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