Australia leads the way against Japanese child abductions

The Australian government has launched an unprecedented intervention in Japan’s domestic politics, marshalling nine foreign governments to pressure Tokyo over international child abductions.

In a letter to Japan’s minister of foreign affairs and minister of justice signed last year by the ambassadors of Australia, Belgium, Canada, the European Union, France, Germany, Italy, New Zealand and the United Kingdom, the coalition of governments urged Tokyo to pass laws to bring it into line with its international obligations.

Australia’s ambassador to Japan, Justin Hayhurst. Credit: Viola Kam

The letter followed an investigation by this masthead and 60 Minutes, which revealed that dozens of Australian children had been abducted by a Japanese parent and protected by a legal system that gives that parent total control over the child, including cutting off all contact with their foreign family.

In February, it was revealed the number of Australian children abducted in Japan has since grown to 89. There are hundreds more from Europe, the United Kingdom and the United States.

The joint letter, sent in June but first obtained on Wednesday, followed criticism from parents that the Australian government had abandoned their children after years of being reluctant to publicly criticise Japan – a vital diplomatic, military and economic ally.

In August, Foreign Minister Penny Wong described the pain Australian parents were feeling as “immense” after she took the rare step of meeting opposition MP and Japanese government critic Mizuho Umemura in Canberra.

The Australian government has also begun sending letters to abducted children in Japan notifying them of their eligibility to apply for an Australian passport. In one case, an Australian parent was told that their child would be able to fly to Australia from Japan without a passport if the Australian parent could get them on a plane.

It is extremely rare for ambassadors stationed in a foreign country to issue a joint statement commenting on the domestic politics of their host nation. The letter, which was co-ordinated by the Australian embassy in Tokyo and led by Australia’s ambassador Justin Hayhurst, said the foreign envoys were observing a family law reform being proposed in Japan with interest.

The Japanese parliament will debate legislation in March that, if passed, will transition the country from one of the world’s last sole-custody systems to joint custody.

Under Japanese law, sole custody is granted to whoever was physically last with the child, triggering a race to snatch children as relationships break down.

The letter said that while each of the coalition’s nine family law models had similarities and differences, they all allowed children to benefit from meaningful relationships with both parents, their extended families, language, and culture.

“The proposed reforms currently under consideration, to move away from sole custody after divorce, would bring Japan further into line with these international obligations as a state party to the UN Convention on the Rights of the Child,” the letter said.

“Where it is safe, we believe shared parenting is in a child’s best interests so that they can continue to develop and grow with the love, care and support of both parents.”

The century-old Japanese legislation was designed to help women fleeing violent relationships but is now being used by both fathers and mothers to legally abduct their children and change their names, addresses, health and education details to hide them from the other parent.

Japanese police have refused to enforce Interpol missing persons notices for Australian children, and local courts have often regarded visitation rights as a private family matter. At the same time, police and domestic violence support services have been stretched by a growing caseload as the country’s divorce rate climbs.

The Japanese Foreign Ministry has repeatedly defended the country’s family law system and said it was meeting its international obligations.

“There are various opinions both domestically and internationally regarding the custody system after parents divorce,” said ministry spokeswoman Maki Kobayashi. “It is important to listen to a wide variety of opinions and have thorough discussions.”

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