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Japanese Supreme Court Upholds Refusal to Return Abducted Children

Posted by Jeremy Morley | Dec 29, 2017 | 0 Comments

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By decision dated December 21, 2017 the Supreme Court of Japan has upheld the decision of the Osaka High Court to dismiss the petition under The Hague Abduction Convention to return four children who were abducted to Japan by their Japanese mother from their home in Minnesota in 2014, where they were born and had always lived.

I have previously discussed the case in detail and have explained that it supports the claim that the Hague Abduction Convention is fundamentally unworkable in Japan. See my article at:

www.internationalfamilylawfirm.com/2017/02/japanese-violation-of-hague-abduction.html?m=1

Nonetheless there was some hope that the Supreme Court would correct the problem, at least for the four children in question and their left-behind father. However, the Court has now dismissed the appeal and has ordered that the children will not be returned to the United States.

I will provide an analysis of the ruling shortly.  

About the Author

Jeremy Morley

Jeremy D. Morley was admitted to the New York Bar in 1975 and concentrates on international family law. His firm works with clients around the world from its New York office, with a global network of local counsel. Mr. Morley is the author of "International Family Law Practice,...

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