“Spouse's child abduction” lawsuit dismissed Tokyo District Court

Fourteen men and women who claimed their children had been abducted by their spouses demanded compensation from the national government, saying, ``The reason our parental rights and educational rights were infringed was because the government failed to put in place laws to prevent abductions. At the trial, the Tokyo District Court dismissed the lawsuit, pointing out that ``the enactment of the law should be discussed in the future, but it cannot be said that not enacting the law violates the constitution.''

Fourteen men and women with minor children argued that their spouses unilaterally took their children and left home because the government failed to develop laws to prevent abduction, saying, "Parental rights and rights to education have been violated. It violates the constitution, which stipulates the dignity of individuals," and demanded compensation from the government.

In the ruling on the 25th, presiding judge Nobuhiro Noguchi of the Tokyo District Court said, ``The right to custody and education of children is nothing more than giving a certain amount of discretion to the person with parental authority, and the other human rights guaranteed by the constitution are in nature. It is different," and dismissed the complaint, saying, "It cannot be said that the government's failure to legislate violates the Constitution."

On the other hand, the ruling said that the legal system concerning the family was "recommended by international organizations to be consistent with treaties ratified by Japan, and there is a position that it is problematic even from an international perspective. The enactment of the law claimed by the plaintiffs." should be discussed as an option in the future."

Plaintiff man ``very sad feeling''

After the ruling, the plaintiffs held a press conference, and a man in his 40s said, "I was trying to fulfill my duty of raising my child as a parent, but I lost the opportunity because my child was taken away. I expect a good judgment from the judiciary. I was very sad," he said.

The plaintiffs are planning to appeal.