2015 Fiscal Year Final Research Report
Convention on the Civil Aspects of International Child Abduction and related Japanese Legal Systems
| Project/Area Number |
25380124
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Kyoto Sangyo University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Keywords | ハーグ条約 / 親権 / 子の奪い合い紛争 / child abduction / relocation / 子の監護権 / ドメスティック・バイオレンス / 国際的子の奪取 |
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| Outline of Final Research Achievements |
In Japan, when one parent removes a child from the home, the other parent may file a writ of habeas corpus or a petition for a provisional order prior to the rulings at a court. However, the procedures and results of such family cases are different from cases related to Hague Convention on International Child Abduction. First, I studied the mechanism of the Japanese legal system in relation to domestic parental kidnapping. The results revealed that there are no effective systems to return the child to the parent promptly. Second, I examined the relocation provision and the findings revealed that it is effective in preventing child abduction and acts as a protective measure for the parent sufferings from domestic violence in the United States.
Family conflicts and parental kidnapping are not only private disputes, but also important public issues. It is important for Japan to have a national policy of intervention in family disputes for protecting the best interests of the child.
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| Free Research Field |
社会科学
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