Okazaki, Japan- Prime Minister Hatoyama recently expressed concern Japan will be viewed as “peculiar” due to its stance on children’s issues, specifically the Hague Convention on the Civil Aspects of International Child Abduction. International perception, however, is far less important than the domestic reality of an utterly dysfunctional Family Law system.

       For anyone that views the current state of affairs as anything less than “peculiar”, please consider the following:

              The head of the Iwakuni Family Court wrote “It cannot be denied that psychological instability of being pregnant with (daughter) had a strong effect on “B” … as explained previously, we cannot see that “B” is suffering from psychological problems, and as explained above, her (illegally) submitting a Record of Birth with problems or abandoning (son) do not present conclusive problems…It is appropriate to appoint “B” as (daughter’s) caregiver”.

     Rather than upset the status quo by granting custody to the father he described as “a role model for parents”, Judge Oshima contradicts his own statements and findings, disregards prosecutable crimes and determines child abandoment is not a “conclusive problem”. A “peculiar” ruling would be a generous description.

      A Ministry of Justice study group recently recommended revising child abuse laws partially on the grounds current laws unfairly penalize habitual child abusers by potentially stripping them of their parental rights permanently. In the event of a divorce, the same Ministry of Justice strips one parent of all rights as a matter of course.

      Arguing sole custody is an integral component of Japanese culture, officials stridently oppose joint custody initiatives and signing the Hague. A culture that considers divorce, but not child abandoment or abuse, justifiable cause to irrevocably lose all parental rights might aptly be characterized as “peculiar”.

     Japan’s Supreme Court produced a video entitled “Couples with children, when living apart, must think of these things.” The video explicitly states after a divorce 1) both parents are responsible for the child’s upbringing, 2) children need the love and affection of both parents and 3) neither parent has the right to unilaterally alter or deny visitation. Nevertheless, the courts only grant full parental authority/ guardianship to one parent and seldom enforce visitation orders. While parents apparently must “think” about these things, the courts see no reason to actually compel them to “do” any of them.

     To avoid exposure of the embarassing conflict between their rulings and the child’s best interest as outlined by their own video, existence of the DVD is a closely held secret. One employee of the Kumamoto Family Court denied they had any videos at all until confronted with the exact title. As a fail safe, a judge must approve all viewings. At the very least, some might say producing a video then refusing to let anyone see it is a”peculiar” use of taxpayer money. When the video concerns children’s rights and welfare, “travesty” comes to mind.

     At a Diet study session on joint custody on April 8^th, 2010, two previously vocal DPJ advocates for reform suddenly expressed reluctance to push forward due to the small number of people affected by a change in the law. Describing millions of children and all future generations as a “small number” seems “peculiar”, particularly in light of the DPJ’s slogan “Children First”.

      Prime Minister Hatoyama need not worry Japan WILL be viewed as “peculiar” over children’s issues. It already is.

      Ironically, the DPJ could turn Family Law and Court Reform into a winning domestic issue for the upcoming election and a source of international goodwill. Compared to unfunded promises of child-rearing subsidies, real reform to serve the best interests of children is a far more fiscally-responsible and noble course of action. 

      Rarely does an administration have the opportunity to make a sweeping positive change benefitting tens of thousands of children at virtually no cost. The judicial infrastructure is already in place. The Supreme Court already acknowledges the importance of both parents to a child’s health and happiness after a divorce. The Diet already knows which laws must be amended and/ or passed. The humility to admit the system is broken and the will to fix it are all that is lacking.

      True leaders act when others balk. Pledging to place people at the heart of his policies, the time has come for Prime Minister Hatoyama and the DPJ to honor their promises. Our children deserve no less.