Collapsed International Marriages Rasie Child Abduction Issue

Japanese women from collapsed international marriages are increasingly bringing their children to Japan without confirming custody rights, creating diplomatic problems between Japan and other countries, it has emerged.

In one case three years ago, a Japanese woman's marriage to a Swedish man collapsed and she brought their child to Japan. Later when she traveled to the United States by herself she was detained, as police in Sweden had put her on an international wanted list through Interpol for child abduction. She was sent to Sweden and put on trial.

The Hague Convention on the Civil Aspects of International Child Abduction bans people from taking their children to their home country after a collapsed marriage without confirming issues such as custody and visitation rights. The convention has about 80 signatory countries, mainly in Europe and North America, but Japan is not one of them.

Custody Battle In Japan Highlights Loophole in Child Abduction Cases

Shane Clarke had no reason to be suspicious when his wife took their two children to Japan to see their ill grandmother in January.

The couple had married four years earlier after meeting online, and settled down with their daughters, aged three and one, in the west Midlands. Clarke, they agreed, would join his family in Japan in May for a holiday, and they would all return together.

Last week, however, he faced his wife and her lawyer in a Japanese courtroom, uncertain if he would ever see his children again. When his wife left the UK, Clarke now believes, she never had any intention of returning with him, or of letting her children see him.

"From the moment I met her at Narita airport I knew something was wrong," Clarke told the Guardian before a custody hearing in Mito, north of Tokyo. "I soon realised she'd played me like a grand piano. The whole thing had been orchestrated," he claims.

Clarke, a 38-year-old management consultant from West Bromwich, has gone to great lengths to win custody. The Crown Prosecution Service said his wife could be prosecuted in the UK under the 1984 child abduction act.

However, he can expect little sympathy from Japanese courts, which do not recognise parental child abduction as a crime and habitually rule in favour of the custodial - Japanese - parent.

Designed to Help Kids, 2 Laws Take Effect

Protecting children from abduction and securing the financial condition of children whose parents are divorced are the intent of two laws that take effect today.

Several child support collection amendments are included in HB18. In particular, state law will now allow a court to approve a method of child support payments other than income withholding. The amendments also allows the state agency in charge of collecting delinquent payments — the Office of Recovery Services — to enter into special agreements with payers for electronic payment of child support.