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

摘要: Introduction Transnational families are those in which one or both members of the couple resident a country is not their birthplace, at least member does have citizenship status (Lindhorst & Edelson, 2012). In United States, number marriages between U.S. citizens and persons who foreign-born has increased substantially (Federal Interagency Forum on Child Family Statistics, 2009). Likewise, many other countries as global migration increased, relationships non-citizens grown requiring development transnational legal agreements to address issues that arisen upon dissolution these (Uchida, 2013). The Hague Convention Civil Aspects International Abduction (hereafter, Convention) such international treaty. (3) No enters into marriage relationship with expectation they will become victim spousal abuse; however, some families, partners perpetrating abuse against spouse possibly children. Women facing from partner often turn first family friends for emotional practical assistance coping abuse. When seeking out support means leaving nation another, treaties may be invoked. Under Convention, battered woman fled across borders can held responsible unlawfully removing her children, children returned left-behind parent country, creating quandary women trying protect themselves danger. 2013, Japanese Diet (equivalent Congress) agreed signatory entered negotiations States treaty partner. Japan highest rates open child abduction cases among tracks, more than 100 known been abducted retained without permission parents (Bond, purpose this article use case-based approach (Gerring, 2004) compare how concerns about domestic violence (DV) were addressed implementation Japan. field comparative policy analysis most frequently approached gender-neutral fashion ignores ways differential effects (Kenney, 2003; Mazur, 2009; McPhail, 2003). This study draws feminist standpoint theories (Hartsock, 2004; Smith, 1987), strategies (Marshall, 1999; 2003) discourse tracing methods (LeGreco Tracy, 2009) answer research question why was successful including its adoption Convention. Using primary source materials government press, (4) texts relevant laws countries, European we argue Japan's aware issue DV, despite shorter history addressing internally. To situate analysis, start brief description current scholarship relationships. We then context U.S., describe ratification process Japan, provide comparison implementing legislation each regarding recognition violence. information theorize reasons differences end discussion used craft policies practices related acknowledge respond safety needs abused mothers …