Parental abduction of a child, especially across international borders, is one of the most anguishing situations that can develop as a result of a divorce. Sadly, in an increasingly global society it's not an uncommon occurrence. Northern Virginia has seen its fair share of such cases. We've written about some of them in this blog.

Japan is one of the countries in which some of the most difficult cases are centered. The reason is because it has been slow to fully align itself with the Hague Convention on the Civil Aspects of International Child Abduction. As a result, hundreds of parents who were granted child custody by U.S. divorce courts have seen their children abducted by estranged Japanese parents who have taken them to their homeland.

But there is word today that an incremental step has been taken by Japan to engage with terms of the Hague treaty and facilitate returns of abducted children. According to reports, a Justice Ministry advisory panel has issued a draft outline of legislation aimed at giving Japanese courts authority to act in accordance with custody rulings by other countries that have signed the treaty.

Under the suggested provisions, parents from outside of Japan would be able to petition Japanese family courts for a retrieval hearing. The courts would make their ruling based on a number of factors including the child's own opinion. If an abducting parent refuses to obey an order to return a child, Japanese officials would be able to make the return happen by force.

The outline does not indicate a complete relaxation of conditions. For example, if an abducted child has been in Japan for more than a year and is deemed to have adjusted well the transfer could be stopped. It might also be blocked if the child refuses to be returned.

The legislation outline also makes an exception for an abducting parent who refuses to go along with a return if he or she fears the child could be subjected to abuse by the overseas parent.

Japan's legislature, called the Diet, could take up the matter during the current session, which opens this week.

Source: Kyodo, The Japan Times, "Forced returns eyed for Hague bill," Jan. 24, 2012