International Conference and Workshop on Ending Violence Against Women, 18-20 December 2011, National Taiwan University, Taiwan - PowerPoint PPT Presentation

Loading...

PPT – International Conference and Workshop on Ending Violence Against Women, 18-20 December 2011, National Taiwan University, Taiwan PowerPoint presentation | free to download - id: 5e278a-NjkzN



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

International Conference and Workshop on Ending Violence Against Women, 18-20 December 2011, National Taiwan University, Taiwan

Description:

International Conference and Workshop on Ending Violence Against Women, 18-20 December 2011, National Taiwan University, Taiwan Mutsuko Takahashi – PowerPoint PPT presentation

Number of Views:67
Avg rating:3.0/5.0
Slides: 13
Provided by: TAKAHASH3
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: International Conference and Workshop on Ending Violence Against Women, 18-20 December 2011, National Taiwan University, Taiwan


1
Missing link between domestic violence and child
abuse in custody disputes in Japan
  • International Conference and Workshop on Ending
    Violence Against Women, 18-20 December 2011,
    National Taiwan University, Taiwan
  • Mutsuko Takahashi
  • Kibi International Unviersity

2
  • - - - - A couple of questions as point of start-
    - - -
  • How can we better help battered women/mothers and
    abused children?
  • The number of reported cases of DV and child
    abuse keeps increasing in Japan. For example, one
    out of four women experiences physical violence
    one out of 23 women threatened life (more than 2
    million in total) annually 2400 protection
    orders.
  • Public awareness on DV and abuse has slightly
    been improved. However, supports and intervention
    in practice have not always been successful.
  • How can we properly prioritise the safety and
    sound development of children especially in
    post-divorce settings?
  • Recently, divorced fathers (noncustodial parent)
    seek access/contact to children more actively
    than before.
  • At the same time, there is emerging the debate on
    legal reform (transition from current single
    custody system to introduction of joint custody
    as alternative).

3
  • Reflections over the past and the present
    situations
  • a long record of repeated failure in helping
    victims (and treating batterers adequately) of
    DV/abuse
  • The understanding on link between DV and child
    abuse is missing at the cognitive level of
    those experts with different specialities as well
    as in the structure of provisions of help and
    assistance.
  • Divisions of labour between different sectors
    (womens/mothers safety, child protection,
    treatment of batterers) is often synonymous with
    divided and disintegrated responses to needs of
    those facing danger of life.
  • 2. Concerns about the near future
  • concerned impacts of international agreement on
    domestic legal reform
  • Following Japans ratification of the Hague
    Convention on Child Abduction in the early 2013,
    the Civil Code (family law) may be reformed so as
    to add joint custody as an alternative in the
    custody legislation.
  • By appealing to importance of parents-child
    attachment, even batterers may be awarded access
    and contact to children fathers rights of
    visiting or contacting child(ren) tend to be more
    respected than childrens rights.
  • Family courts tend to neglect the link between DV
    and child abuse without witness of
    physical/visible damages to child and to place
    higher priority on parents-child attachment than
    risk of further abuse.

4
  • a long record of repeated failure in helping
    victims (and treating batterers adequately) of
    DV/abuse
  • DV and child abuse usually stem from a same
    household, whereas they are often handled by
    various experts with different specialities and
    expertise (health and welfare services, police,
    courts, schools, etc.).
  • DV in Japanese law is defined as violence by one
    spouse against another spouse (?????)
  • Consultation services, help and supports for
    victims are made available in municipal womens
    centers (????)
  • Child abuse is understood as violence by
    adult(s) against child(ren)
  • monitoring and child protection belong to
    municipal child welfare centers(????)
  • Disintegrated structure is one of the crucial
    factors of neglecting child exposure to DV.

5
  • concerned impacts of international agreement on
    domestic legal reform
  • The Hague Convention on Child Abduction (The
    Hague Convention of 25 October 1980 on the Civil
    Aspects of International Child Abduction)
  • In this convention DV is basically excluded from
    the basic framework of implementation. In fact,
    Guides to Good Practice published by the Hague
    Office strongly urges the contracting states to
    return as soon as possible the (escaped/abducted)
    children to the original place where they were
    unlawfully removed from.
  • About 70 of escaped parents are mothers
    seeking safety for themselves and their children
    across border, and very little is known about the
    aftermath of return of child under the Hague
    Convention (research report 2010 by Jeffrey L
    Edleson, et al.).
  • Various consequences of Japans ratification have
    not carefully been discussed in relation to
    domestic affairs in Japan where the best interest
    for child tends to be replaced by adults
    interest. International marriage couples are
    still small group in Japan, and therefore there
    is little public attention.)
  • Once the escape of battered mother with children
    from batterer is regarded to be incompatible with
    the ratification of the Hague Convention against
    child abduction, then it may have impact on
    domestic legal reforms.
  • In brief, to escape with children from batterer
    within Japan might be regarded as illegal action
    if the same rule against unlawful removal of
    children would be adapted to both international
    marriage and domestic marriage the Japanese
    Government has not yet decided her position on
    this matter.

6
Types of divorces in Japan ????
  • Divorces by mutual agreement ???? (87.6 in 2010)
  • Divorces by mutual intentions and agreement
    between couple
  • This type shares approximately 90 of divorces in
    Japan.
  • Divorces by arbitration ???? (9.9 in 2010)
  • When both husband and wife intend to divorce but
    do not reach an agreement, they go to talk at
    domestic relations court (family court). Divorce
    is granted by conclusion of court arbitration.
  • Divorces by judgement ????
  • When arbitration does not reach conclusion, the
    court can replace it by judgement (nearly null)
  • Judicial divorces ???? ??770? (ca. 1 in 2010)
  • Divorces in accordance with the section 770 of
    the Civil Law (unfaithfulness, malicious
    abandonment, disappearance for more than 3 years,
    severe/unrecoverable mental illness, other
    serious difficulties for continuing marriage)

7
(No Transcript)
8
Divorces by mutual agreement ????
  • The vast majority of divorces in Japan take place
    through mutual agreement (??), not through
    family courts (?????).
  • The divorcing couple submit a form of divorce
    (???) to municipal register. In the agreement it
    should explicitly be referred to post-divorce
    arrangements such as custody (childrearing) and
    family name of child (if child under 20
    involved), shares of pensions and other economic
    properties, and so on.
  • Such arrangements may work well when flexibility
    is made the best use in case of friendly
    separation, because the third party is not
    committed to the couples decisions.
  • However, aftermath of this type of divorce has
    not well been monitored except such economic
    situations that can be surveyed through
    statistics on income levels of households.

9
Pros/cons on current custody systemsingle
custody ??(??)?? ?????? (1)
  • The current legal system in Japan awards only
    single custody for divorcing couple with
    children (aged under 20).
  • The Japanese Government is ratifying the Hague
    Convention on Child Abduction (scheduled to be
    early 2013), which has strong impact on the
    domestic reforms of family law (Civil Code). In
    particular, the Hague debate in Japan has been
    focusing on parental access/contact to
    child(ren).
  • Some legal experts (attorneys and researchers)
    and some politicians are keenly interested in
    introducing joint custody to Japan in
    accordance with promotion of parental access for
    post-divorce cases and with prevalence of joint
    custody in major industrialized countries.
  • Some researchers uncritically welcome the
    introduction of joint custody as
    modernization/westernization of Japanese legal
    system.
  • Fathers rights movement has become more active
    than before divorced noncustodial fathers seek
    access/contact to child(ren) more often than
    earlier.

10
Pros/cons on current custody systemsingle
custody ??(??)?? ?????? (2)
  • In contrast, there are critical and opposing
    views against the introduction of joint custody
    to Japan too such voice has been addressed by
    some attorneys and researchers and also those
    (Japanese) mothers who have returned to Japan
    with child(ren) in order to escape from abusive
    husbands/partners.
  • (Yet, these returned mothers usually dare not to
    be interviewed by media, because they have to
    fear to be monitored by authority of the country
    they left with children.)
  • Implementations and challenges of joint custody
    in other societies are reported to Japan only
    limitedly.

11
one-parent families ?????
  • Similarly to other societies, one parent families
    mostly mean those families of mother and
    children in Japan too. However, those divorced
    couples maintain sharing childcare especially
    when they have three or more children.
  • Even without formally having joint custody as an
    alternative in legal system, de facto joint
    childrearing (???????)is being carried out to
    some degree. (especially when the couple have
    more than two children)
  • On the other hand, due to socioeconomic factors
    related to vicious circle of social exclusion
    (?????????), not a few of these divorced mothers
    with children tend to live vulnerable life in
    hardship caused by workfare-oriented social
    supports.
  • Their difficulties often remain less explicit,
    since this kind of divorce based on mutual
    agreement is up to personal decision but not
    judicial.
  • Less resources as disadvantage in custody
    disputes at court

12
Various approaches to custody disputes
  • Legal aspect debates on legal reform
  • Attachment aspect especially in debates and
    court cases on parental access/visit to children
    after divorce or separation, attachment is
    emphasized by the noncustodial parent.
  • PAS/PA discourse J. Wallerstein, etc.
  • (so popular despite systematic critique by J.
    Meier)
  • Child development aspect proper assessment by
    experts (child psychiatrists) essential, but
    short in reliable professionals familiar with
    grave risks of child exposure to invisible
    violence when child is asked to meet noncustodial
    parent even unwillingly

In addition, It is not simple to determine the
concrete content of custody. (not only
noncustodial parents access to child) By
custody, it is referred to various elements
ranging from economic factors (divisions of
property of former household between couple,
livelihood security for parent living with
children, parents-child relationship, and so on)
About PowerShow.com