(Geneva) This week I formally briefed the United Nations Human Rights Committee on parental child abduction and loss of access within and to Japan during a private session. ​

Many important issues had been presented in earlier years regarding Japan, but our team was successful in making a compelling argument resulting in the committee asking questions of the Japanese Government delegation on day one of the public sessions. From the first round of questions, "the Committee was concerned about reports of parental child abductions in Japan. What measures were in place to respond to these issues?" The delegation from Japan ignored the question causing a committee expert to request an answer on day two.

In claiming they've been deliberating parental authority and visitation since March 2021, Japan's answer was inadequate. They failed to respond to the point from our report and briefing that exposed the July 2022 Ministry of Justice's report by the Family Law Reform Commission included NO countermeasure against Parental Child Abduction.

Their other response was limited to incoming and outgoing Hague Abduction Convention case figures and claiming they offer a list of attorneys, potential legal aid and ADR (Alternative Dispute Resolution, a type of non-binding mediation). Here against they failed to fully respond to the question and scope of the issue that includes a much larger domestic parental child abduction and loss of access crisis than Hague cases alone.

How many U.S. children have been kidnapped to Japan?
More than 475 since 1994 when the U.S. Department of State's Office of Children's Issue's (OCI) was established. Japan is internationally known as a black hole for child abduction.

Where does this 400+ figure come from?
It comes from data provided by the U.S. Department of State. Representative Chris Smith reported at the May 24, 2011 hearing in the House Foreign Affairs subcommittee, “Japan has by far the worst record of all. It has not issued and enforced the return order for a single one of the more than 321 American children abducted there since 1994, when the recordkeeping began.”[1]
​
321 was also the figure reported to us in our July 2011 meeting with OCI by then director Beth Payne along with then Assistant Secretary of State for East Asia and Pacific Kurt Campbell.

At this meeting we requested updated figures dating back to 1994. On August 25, 2011 parents of children kidnapped to Japan received a response stating, "As of August 19, 2011, that statistic is 268 cases involving 374 children."

For Immediate Release
March 30, 2022
Contacts:
Tom Mentzer (Feinstein) 202-224-9629
Adam Webb (Tillis) 202-224-6342
 
Feinstein, Tillis Introduce Bipartisan Resolution Designating April as ‘Countering International Parental Child Abduction Month’
 
          Washington—Senators Dianne Feinstein (D-Calif.) and Thom Tillis (R-N.C.) today led their colleagues in introducing a resolution designating April 2022 as “Countering International Parental Child Abduction Month.”
 
            Hundreds of American children are abducted by one of their parents without consent of the other parent and taken to foreign countries every year. In 2020, there were 246 new cases of parental child abductions, half of which were in California.
 
            “Parental abduction of a child to a foreign country is a traumatic experience. It is incredibly challenging to reunite these children with their custodial parents, and the children face mental, emotional and physical harm,” said Senator Feinstein. “I’m proud to again lead this resolution with Senator Tillis to help shine a spotlight on this harrowing and complex problem. We must continue to raise awareness of international parental child abduction and do all we can to prevent it.”
 
            “Since 2010, almost 10,000 American children have been reported abducted and taken abroad in order to obstruct their left-behind parent’s custody rights,” said Senator Tillis. “The federal government has tools to prevent the abduction and secure the return of our American citizen-children, and it is past time to use them. I am proud to co-introduce this resolution to demonstrate to the executive branch that the Senate is serious about ending international parental child abduction and will work to combat this crime until every single American child is returned home.”
 
            In addition to Feinstein and Tillis, the resolution is cosponsored by Senators Mitch McConnell (R-Ky.), Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Mike Crapo (R-Idaho), Amy Klobuchar (D-Minn.), Marco Rubio (R-Fla.), Ed Markey (D-Mass.), Chuck Grassley (R-Iowa), Tommy Tuberville (R-Ala.) and Joni Ernst (R-Iowa).

By Irina Hasala
Journalist, newspaper Helsingin Sanomat | World news

(Japan) Thousands of children are taken out of reach of their other parent each year in Japan. Tapio Tarvas lost contact with his daughter. Jeffery Morehouse, an American, did not get his son back even by court order.

In 2008, Tapio Tarvas was waiting for his Japanese spouse and their baby to return to Finland. After weeks of silence, Tarvas received a message: she would stay with their daughter in Japan. Permanently.
 
"My ex-wife said she might come when the child was four or five. It was a mental breakdown for me." Tarvas only met his daughter again when she was 8 years old.
 
According to the United Nations Convention on the Rights of the Child, a child should have contact with both parents after separation, unless it is harmful to the child.
 
However, in the case of Mr. Tarvas and thousands of Japanese couples, this agreement is not being honored. In Japan, it is estimated that more than 100,000 children lose contact with one of their parents every year.

By Yuki Sato
​Yomiuri Shimbun, Staff Writer

An increasing number of foreign nationals are claiming that their children have been abducted by their current or former Japanese spouse, following the breakdown of their marriage. Not allowing a child to see one of their parents is considered a criminal act in major European countries and the United States, leading to a diplomatic conflict in which Japan is being called on to revise its laws.

At today's Senate confirmation hearing for Rahm Emanuel, nominated to be the next US ambassador to Japan, Foreign Relations Committee Chairman Bob Menendez closed the hearing about the kidnapping crisis with Japan.

He noted, "More than 475 US children have been kidnapped to Japan and the US has named Japan a top-three worst offender of international parental child abduction."

He furthered there has been no significant improvement since Japan became a Hague Abduction Convention signatory in 2014. He asked Mr. Emanuel to make it a priority to get the Japanese government to understand, "When you enter into an international convention and when American children are involved we certainly expect you to live up to your obligations under the convention."

Mr. Emanuel underscored his view, "Your word is your bond. If you signed into an agreement to be trusted as a partner and ally, you must uphold the principle of that agreement."

Excerpt is from the 3:49:30 mark of the full Senate Committee on Foreign Relations hearing video.

(Washington, D.C.) The Tom Lantos Human Rights Commission led by co-chairs Rep. Christopher H. Smith and Rep. James P. McGovern convened for a hearing on “The Rights of Parents and Children: How to Better Implement the Goldman Act on Child Abduction.” 

The Convention on the Rights of the Child recognizes that “the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding.”  It further provides “that a child shall not be separated from his or her parents against their will.”
​
The Hague Convention on the Civil Aspects of International Child Abduction came about to address those circumstances where a child, in distinction to the afore-mentioned principles contained in the CRC, is separated from one parent via cross-border abduction. 

Between 2008 and 2020, more than 12,350 American children were abducted internationally by a parent, according to the Congressional Research Service.

Congress passed the Sean and David Goldman Child Abduction Prevention and Return Act (P.L. 113-150) in 2014, to better implement the Hague Convention, to provide a means to resolve abduction cases among non-Hague countries, and to hold countries accountable for non-compliance with their obligations.  While the Convention has helped shaped international norms, only 85 nations plus the European Union have ratified it, and some States Parties are not fully compliant.  The Goldman Act provides Congress with data regarding child abductions and authorizes tools for the State Department to use to influence countries to abide by international obligations.

The purpose of this hearing is to assess how well the State Department is implementing the Goldman Act to resolve international parental child abduction cases.  The hearing will include testimony from prominent international family law attorney whose work informed the drafting of the Goldman Act, and left-behind parents who have subsequently dedicated themselves to advocating for the rights of victims of international parental child abduction.

Testifying were:

• Patricia Apy, International Family Law Attorney, Paras, Apy and Reiss
  Written testimony
• Jeffery Morehouse, Executive Director, Bring Abducted Children Home
  Written testimony
• Noelle Hunter, PhD., Founder, iStand Parent Network
  Written testimony

The announcement and hearing video were originally posted on the commission's website.

"Seventeen men and women, including three children in their teens and 20s, filed a class action lawsuit regarding parenting time (visitation) with the Tokyo District Court on the 11th of November 2020, seeking ¥100,000 in damages from the government of Japan for parents and children separated due to divorce or other reasons, claiming that they were forced to suffer due to inadequate laws and that their basic human rights, which are guaranteed by the Constitution, have been violated. According to the plaintiffs, this is the first time that children have become plaintiffs in a lawsuit over parenting time, and a man and woman living in Chiba Prefecture are also among the plaintiffs."

The U.S. Congressional Research Service's released a new report on international parental child abduction. Here are a few highlights-

​“Some Members of Congress have consistently posed questions as to the most effective means of improving foreign government compliance with IPCA standards and processes, and have at times criticized the State Department for refusing to implement potentially more coercive foreign policy tools, such as sanctions. Such arguments have informed several instances in which high-level engagement, coupled with threats to foreign countries’ economic or trading benefits, appears to have preceded the resolution of certain IPCA cases.”

“Many experts and policymakers agree that international displacement of a child from his or her home environment to another, with potentially different social structures, cultures, and languages, can cause emotional and psychological harm to the child.”

“Responding to this issue, Congress has enacted legislation pertaining to IPCA, engaged in individual cases of abducted children, and conducted oversight of executive branch actions in this area. Congress has held 11 hearings on the subject since 2014, and some Members have on occasion blocked legislation unrelated to IPCA until specific cases were resolved.”

Outlook
"IPCA will likely continue to be a significant issue for American citizens and U.S. foreign policy, leading Congress to consider options for addressing specific cases and to pursue the broader foreign policy efforts to address this problem. As it considers policy options, Congress may examine the potential and alleged impacts of sanctions, technical assistance, and high-level outreach on compliance and on countries’ willingness to accede to the Hague Convention. In recent years, Congress has raised legislative options for strengthening the U.S. response to IPCA. It may continue to engage this issue through public hearings, direct involvement in specific cases, legislation, and oversight of the State Department Office of Children’s Issues."

For the second year in a row, international partners of the G7 Kidnapped to Japan Reunification Project wrote to representatives of the G7 countries in advance of the 45th G7 summit that will be held on August 24-26, 2019 in Biarritz, France. The international alliance is comprised of parents and organizations from Canada, France, Germany, Italy, the United Kingdom, and the United States. The immediate objective is to put the Japanese parental child abduction issue on the G7 Summit agenda and bring about a rapid resolution to this crisis affecting the human rights of thousands of children abducted to or within Japan.

Since the letter was sent on April 24, 2019, French President Emmanuel Macron and Italian Prime Minister Giuseppe Conte have made statements to the press on the abduction crisis to and within Japan. President Macron confirmed he has raised the issue with Japanese Prime Minister Shinzo Abe. 

Japanese leaders and diplomats regularly lambast North Korea for the abduction of their citizens by state spies – one of countless human rights abuses committed by Pyongyang.

What is less known is that hundreds of American children have been abducted to Japan in defiance of international conventions, while at home, hundreds of thousands of Japanese children suffer from facto parental kidnappings.

FOR IMMEDIATE RELEASE

​CONTACTS:
Daniel Keylin (Tillis)| (202) 224-6342
Ashley Schapitl (Feinstein) | (202) 224-9629
 ​

​WASHINGTON, D.C. – Today, Senators Thom Tillis (R-NC) and Dianne Feinstein (D-CA) urged Secretary of State Mike Pompeo to make more relentless and effective efforts to bring abducted American children back home to the United States by using all of the tools and resources at the State Department’s disposal.

The Foreign Correspondents Club of Japan hosted a panel in Tokyo to discuss domestic and international parental child abduction. Topics included harm to the children, shortcomings in Japanese family law and how Japan's Continuity Principle ​is keeping children kidnapped. Panelists included:

• Mr. Akira Ueno, Attorney, Nihonbashi Sakura Law Firm
• Professor Noriko Odagiri, Professor of Clinical Psychology Tokyo International University
• Mr. Tommaso Perina, an Italian Father
• Mr.Vincent Fichot, a French Father

WASHINGTON—Parents Jeffery Morehouse, Juan Garaicoa, and Michelle Littleton sat before a House Foreign Affairs subcommittee on Dec. 10 to testify about the same terrible fate of their children—international abduction by a spouse.

“While most children were returning to school, my children were boarding a plane and being kidnapped to war-torn Lebanon,” Littleton, a mother of three, said.

“She had kidnapped our son to Japan,” said Morehouse, the founder and executive director of the non-profit Bring Abducted Children Home. “I don’t even know where he is being held.”

“Time is of the essence and now is the time to bring our children home,” pleaded Garaicoa, whose two children remain in Ecuador.

While the countries, children, and spouses are different, they share the same frustration of fighting to be reunited with their children in foreign lands.
Morehouse won custody of his children in U.S. courts—and twice in Japan—but his teenage son, Mochi, who was taken by his wife at age 6, remains in Japan with his mother because there is no enforcement mechanism under Japanese law.
​
“In the end, the court refused to reunite Mochi and me,” said Morehouse.”It does not matter how a child ends up with the abductor in Japan, they will not uphold laws and treaties to return children to their rightful home.”

Jeffery Morehouse dropped his 6-year-old son off with his mother for a weeklong visit in 2010 — and she managed to abscond with him to Japan.

On Monday, Mr. Morehouse, executive director of Bring Abducted Children Home, called on Congress to step up American efforts to bring his son and other children back from overseas, saying the government’s actions are inconsistent and insufficient.
​
“President Trump ran on putting America first,” Mr. Morehouse said in his testimony to the House Foreign Affairs subcommittee on global human rights. “Well, America first means putting American children first and bringing them home.”