Here's Why Parents Kidnap Their Own Children In Japan

Japan is finally addressing a decades-old problem where one of the parents often disappeared with their children during divorce proceedings, leaving the other partner in the dark. In such cases, the custody typically went to the parent who left with their children first. However, a civil code revision that took effect in April aims to address this by allowing both parents to hold legal guardianship after divorce, replacing a system in which only one parent, usually the one who kept physical custody of the child, retained full parental rights.

Under the old sole custody system, only one parent held legal rights after separation. That meant, regardless of their relationship with the child, the other parent could be forced to disappear from their life unless the parent with custody grants them access.

The old rules created a powerful incentive to flee first and litigate later. Family lawyers advised clients to leave home by abducting their children before filing for divorce, since doing so strengthened their position in custody proceedings. The practice was not illegal in Japan, even though it would be considered abduction elsewhere.

Anastasiya Minkova, a US-Russian citizen who lived with her husband and son on Shikoku Island, has been a victim of Japan's archaic law. In a conversation with CNN, Minkova revealed that she returned from a trip to Russia last September to find her husband gone, along with her two-year-old son. Since then, Minkova has been limited to brief, supervised visits, including one meeting lasting just 30 minutes at a children's facility.

“My son held onto me tightly and would not let go. He pressed his head against my chest, and it felt like he was relieved to finally see me. When the time was up, I felt completely heartbroken," said Minkova.

Minkova is not the only parent to have been subjected to such a cruel fate. Emily Sato, a US citizen in Tokyo using a pseudonym, said her husband vanished with their daughter in 2022. By the time her case reached court, the child's father-only living arrangement was treated as a stable status quo.

Similarly, Seattle resident Jeffery Morehouse has been separated from his son for 16 years after his then-wife relocated with their son to Japan, which he refers to as a 'kidnapping', according to the US law.

“He was six-and-a-half years old. The last time I hugged Mochi, the last time I heard his voice, was Father's Day 2010. I love you Mochi, wherever you are.”

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Critics Not Pleased

Japan's Ministry of Justice says the new law requires divorcing parents to respect each other's rights and could penalise a parent who unilaterally removes a child during custody disputes. However, several lawyers stated that the law falls short of guaranteeing shared parenting time, and joint guardianship.

"Campaigners and parents also say it does not strengthen the rights of “left-behind” parents, whose children have vanished into the sole care of former spouses," the report highlighted.

Advocates say the revised law does not criminalise parental abduction or create enforcement mechanisms for shared custody, leaving the underlying incentives largely intact even as guardianship rights formally expand.