Domestic Violence and the Implementation of the Hague Convention on the Civil Aspects of International Child Abduction: Japan and U.S. Policy

Around the world, an increasing number of married couples have at least one person who is not a citizen of their spouse’s country. The global growth in transnational families has necessitated the development of international legal agreements to address issues that have arisen upon the dissolution of these relationships. Of particular note to feminist scholars has been the issue of domestic violence in these relationships and how these circumstances are addressed under international agreements such as the Hague Convention on the Civil Aspects of International Child Abduction. In 2013, Japan became the last of the major industrialized countries to sign on to the Hague Convention. This comparative, case-based policy analysis centers concerns about domestic violence in the development and implementation of the Hague Convention in Japan and the United States. Although Japan has a much shorter legislative history regarding domestic violence (DV), it has taken a much stronger position about DV in its adoption of the Hague Convention. Based on this analysis we propose methods for addressing domestic violence in Hague cases in both countries that prioritize the safety needs of abused mothers and their children