WHEN an international marriage breaks up and the husband and the wife decide to live in separate countries, which parent should their child live with? In such cases, the child should be with the parent who lives in the country where the family lived before the breakup, and decisions on such legal issues as custody and visitation rights should in principle fall under the jurisdiction of that country. These are the basic rules set by the Hague Convention on the Civil Aspects of International Child Abduction.

The Hague Abduction Convention finally took effect for Japan on April 1. ...Cross-border child custody disputes that are governed by the treaty include cases in which Japanese who were married to foreigners and lived abroad have returned home with their children after divorce. They also include cases in which foreign nationals who were married to Japanese and lived here have removed their children from Japan after divorce. ...Sometimes, it is not clear whether the treaty’s principles should be applied to certain cases. The top priority in dealing with such cases should be finding the best possible solution for the well-being of the child.

...International marriages are likely to increase in the coming years. In Japan, custody of the child of a divorced couple is granted to just one parent. But in other industrial nations, both parents are generally involved in the rearing of their children. This approach is based on the notion that children need the affection and care of both parents during the process of growth irrespective of whether they are in marital relations or not. Japan may need to have more debate on the roles of divorced parents in the rearing of their children while taking account of the situations in other countries. — (April 22)