(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.

(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.”
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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.

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.
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“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.
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“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.”

Addressing at the United Nations Human Rights Council this week Mr. Shunichi Fujiki of the International Career Support Association declared, "Parental child abductions are becoming a serious human rights violation in Japan."

"The abducted child is at the mercy of the abducting parent. The child can no longer go home and [is] forced to sever their relationship with the abandoned parent."

Children have the right to be loved by both parents. He continues, "In Japan many children are deprived of the basic rights because of the current system and crooked lawyers."

Rep. Jeff Clawson at a Congressional hearing on International Parental Child Abduction declares, "We could solve kidnapped children tomorrow. One executive order. Give our kids back or you don't get to sell your cars over here. Give our kids back or you don't get to sell your software over here."

CAPT. Paul Toland, USN, Co-founder and National Director for Bring Abducted Children Home testifies, "punitive measures up to and including sanctions may soon be the only viable option that will bring about the change necessary within Japan to comply with the Hague Convention and the Goldman Act." 

Video except from the hearing of Rep. Jeff Clawson.

Video except from the hearing of CAPT. Paul Toland's testimony.

The full Congressional transcript is available here.

On July 16, 2015 Bring Abducted Children Home Managing Director Randy Collins testified to Congress on his case and the ongoing kidnapping crisis with Japan. "Quite frankly, State’s actions, or this case inaction, speak so loudly we can’t hear what they’re saying. I’d like this committee to insist that OCI and the State Department be far more transparent with Congress and with victimized parents. We deserve answers. Simply telling this committee that they are raising our cases means nothing. What are they saying? Who are they saying it to? What are the answers they are receiving? Are they demanding the return of our children or simply begging? Do they drop the issue just because Japan tells them it’s too difficult to return our kidnapped children? We have suffered years of secrecy from State regarding our abducted children. It’s the perfect definition of insanity, doing the same things over and over again but expecting a different result. The results haven’t changed in my seven years.  We are still no closer to seeing our children today than we were before Japan joined The Hague Abduction Convention," said Collins whose son, Keisuke Collins, was kidnapped by his ex-wife to Japan in June 2008.

On June 11, 2015 attorney and Bring Abducted Children Home co-founder, Christopher Savoie, testified to Congress on his case and the ongoing kidnapping crisis with Japan. "The elephant in the room is the inherent conflict of interest problem for the State Department in these abduction cases. Their primary mandate, as they see it, is to maintain good relations with strategic allies such as Japan. And this is in direct conflict with the interests of our children and the children of Japan, whose advocacy would require that the State Department to publicly shame and reprimand Japan for its complicity in these kidnappings and for its truly barbaric sole parental rights regime. A regime that violates some of the most basic human rights of parents and children alike."

Rep. Christopher Smith (NJ-4) to Secretary of State John Kerry, "Japan has been breathtakingly unresponsive especially to abductions that occurred prior to ratification of the Hague (Abduction) Convention."