2/16/2013

Think Twice about Marrying American Guy


Japan is going to make another decision without fundamental discussion on international argument. The Liberal Democratic Party and New Komeito agreed on accepting the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, or the Hague Treaty. Leaving a question about conceptual difference over parental rights, the National Diet of Japan will adopt the treaty in May. Main reason is that every developed country is joining the treaty. To have independent discussion does not matter for political leaders.

The treaty deals with the cases in which one of the divorced parents have taken a child away out of the country and another parent loses opportunities to meet the child. A signatory owes duty to find the child and return back. The United States has been requiring Japan to approve the treaty, because there are a growing number of cases that an American father wants to return his kid from Japan. The typical reason that Japanese mother would take her kid to her home country is to escape from domestic violence of her husband.

The point is very simple. There is a difference of concept on who has the right to access their kid after they divorced. The Japanese civil law determines that only one of the divorced parents can have parental rights on their child, while both of them can have that right in US. In Japan, it is basically the decision of a father or a mother with parental rights whether or not he/she let the kid meet another parent. On the other hand, both of the divorced parents share the right to approach their kids whenever they need.

The most important point for Japan has, therefore, been whether a Japanese parent can dismiss the request of returning a child to America when there is a reasonable possibility of violence. But the political leaders decided to accept the treaty without any guarantee of protection for child.

It is likely that the leaders might have regarded the treaty as a diplomatic tool. The Prime Minister Shinzo Abe is going to visit US later this month. Though he has been willing to meet President Obama to demonstrate good Japan-US relationship, no major agenda had been set for the summit. Abe gave up to get conclusion of the relocation of Futenma Marine Air Base in Okinawa, and could not get a freehand on the negotiation over Trans-Pacific Partnership. He still cannot find a fruit of the meeting. The Hague Treaty may be recognized as one of the few “souvenirs,” which makes Obama to be positive for a dialogue with Japan to gain his political advantage. As long as Japanese leaders are submissive to US, a young Japanese woman has to be cautious in marrying with a handsome US guy.

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