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​Girl returned to SL is first under Hague Convention

15 April 2015 03:05 pm - 8     - {{hitsCtrl.values.hits}}

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A 5-year-old girl was returned to her Japanese father in Sri Lanka in early April after being abducted by her mother and brought to Japan, a government official told The Japan Times on Wednesday.

It was the first time Japan fulfilled a court order mandating the return of a child to his or her country of habitual residence, in accordance with the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

 
The Convention aims to secure the swift return of children wrongfully taken across an international border by one of their parents.

The Foreign Ministry official added that another child was sent back to Spain earlier this month through court arbitration in Japan, after the parents involved reached an agreement. Another was returned to Japan from France in mid-April.

In the Sri Lankan case, media reports say the parents were both Japanese and that the daughter was born in Japan. The family had been living in Sri Lanka since February 2013, but when the mother returned to Japan with the daughter in June last year, she refused to go back.

The father sought his daughter’s return through the Hague Convention and the Osaka District Court issued a court order to that effect in November, the first such ruling since the treaty took effect in April last year. The High Court later upheld the ruling and the sentence was finalized in February.

Last month, the Tokyo District Court also ordered the return of a child to Turkey.

Mikiko Otani, an expert on the Hague Convention, welcomed the returns.

“The international community is closely watching the Japanese courts. . . . and these returns show Japan is acting properly in accordance to the Convention,” Otani said. “I think this will lead to Japan gaining trust from other countries.”

The lawyer, however, pointed out that while the returns meant the cases were closed for the Japanese government, that was not the case for the children or their families. But there is no official system that conducts follow-up investigations regarding what happens to the children in such cases, she said.

“This is not the end for the children who are sent back . . . and that is what many people are concerned about,” Otani said. “A follow-up is necessary so that people can have accurate information and will have a better understanding of the Hague treaty.”(Japan Times)

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  Comments - 8

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  • Niru Wednesday, 15 April 2015 09:51 PM

    If the case was heard in Sri Lanka child would have reached old age before a verdict was given.

    zee Thursday, 16 April 2015 12:41 AM

    Happy reunion for father n child. where was the sl immigration when a 5yr old child was abducted..shame via DM Android App

    ANTON Thursday, 16 April 2015 07:45 AM

    WELCOME BACK TO PARADISE ISLAND, THE LAND OF CHEATERS AND CORRUPTORS.

    shaffaath Thursday, 16 April 2015 10:24 AM

    Anton...Are you one of those that you mentioned or just a babbler.Love the country and talk best about it and complained at the legal forum but praise in the public forum.After all you have chosen this country to live.

    ANTON Thursday, 16 April 2015 10:51 AM

    YEAH, WE ARE AUTOMATICALLY TRAINED TO FOLLOW OUR RULERS AND LAW MAKERS.

    Louise Thursday, 16 April 2015 01:06 PM

    Children of this age need the love of their mother and support of the father. Wrong decision! Father can surely visit his native country to be with his child anytime? Why hurt the child in taking her away from her mother? Mother and child bond should not be broken at this stage whatever the difficulties. Think of the child. She has no voice in this decision and separation from her mother will traumatize the child. Please reconsider.

    W. de Alwis Thursday, 16 April 2015 03:33 PM

    I know a case where Srilankan mother took the daughter and vanished when they were on a holiday in Sri Lanka. The Srilankan father had to return to Germany with only their 1 year old son. This mother separated the family and brother and sister. Our foolish judges refused to return this girt to Germany although she was born and living in Germany.Cyril

    Fair N Square Thursday, 16 April 2015 04:31 PM

    Anton.law makers or law breakers? :p


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