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Hague ruling Japan Supreme Court


2017年12月28日 10時08分




English translation

Parental condition became worse, order to return children rescinded ... Supreme Court

Based on the Hague Convention, which stipulates the treatment of children who were taken abroad, the Supreme Court's first small court (Judge Atsushi Yamaguchi) decided on December 21st regarding the [Osaka High] Court's decision to order the return of the children to the US where their father is located, I made a decision not to order the return due to the deterioration of the father's childrearing situation after the [OHC] decision.

The [Japanese] implementation law of the Convention stipulates that even if the order of return of the children is confirmed by the court, in the event of a change in circumstances, the court can allege that the order can be changed. According to the Ministry of Foreign Affairs, since April 2014 when the Convention came into force in Japan, this time was the first complaint under the provisions of the law.

According to the decision, the parents lived in the United States with four children aged 6 to 11 years, but in July 2014, the mother entered Japan with the four children. Their father requested the court to return the children, and the decision to order the four children to return to the United States in January 2016 was finalized by the Osaka High Court. However, after that their father was struggling in life, and their mother made a motion to change the order to return.

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