2001 Fiscal Year Final Research Report Summary
Research on the Legal Systems concerning Child Custody Disputes
| Project/Area Number |
10620036
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Tohoku University |
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Principal Investigator |
HAYAKAWA Shinichiro Tohoku University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (40114615)
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| Project Period (FY) |
1998 – 2000
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| Keywords | Child Custody Disputes / International Child Abduction / Hague Conference on PIL / Habeas Corpus / Child Custidy / Parental Right |
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| Research Abstract |
In this research project, the investigator conducted a comparative study on the legal systems for resolving and preventing the child custody disputes between parents, with special emphasis on the child abduction cases.
Child custody disputes are becoming one of the most serious problems in the field of family law not only in Japan but also in many other countries. In particular, the child abduction by parents, which is sometimes called legal kidnapping," has attracted special attention in international scenes.
The investigator collected and analyzed relevant materials for the above-mentioned comparative study. The most important ones are on the following topics :
(1) recent Japanese jurisprudence, which strictly limits the use ol Habeas Corpus Act for the child custody disputes; and
(2) Hague Convention of 1980 on Civil Aspects of International Child Abduction.
Through the analysis, the investigator came to the conclusion that the basic structure of the Hague Child Abduction Convention should be useful and efficient to resolve and prevent the child abduction not only on the international level but also in domestic situations. The Convention, aiming at prompt and systematic return of the abducted children to the place from which the child was taken away, separates the problem of deciding who should have the child custody (parental rights) from the problem of abduction resolution. This basis structure of the Convention has been functioning very well. Although Japan has not yet ratified the Convention, we could learn a lot from this Convention and its implementations by the contracting States.
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