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Parent flees after Nagoya High Court ruling to return child

2018年7月17日 22時21分







English translation

At a trial of a mother who had abducted her child and refused to obey the Hague Convention return order, the Nagoya High Court ordered the mother to return the child to his father because his detention was illegal. Just after the judgment, the mother left with the child. They disappeared; there is a possibility that the return of the child will not take place.

In this trial, the father who lives in the United States, requested the delivery of the child under the Japanese penal provisions on the law of protection of the people, because the mother, who removed the child to Japan, refuses to comply with the return order under the Hague Convention.

The Supreme Court, showing for the first time that refusing to obey a return order is illegal, ordered the High Court to reconsider this case of detention by the mother, to have the mother and child appear.

In the decision of July 17, the Presiding Judge of the Nagoya High Court, Judge Hisashi Toda, stated that "the situation has become difficult to obtain the information necessary to decide whether the child remains with their mother or not" and ordered the return of the child to the father, saying that the detention by his mother was illegal.

However, after the decision, the mother left with her child, and we do not know where they are.

About the Hague Convention, there are successive cases of refusal of return orders, but the Supreme Court's judgment drew attention as a means of making the return order effective. However, since the mother and the child are gone, it is possible that the handover will not be realized after all.

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