Protection from parental abuse
(From The Japan Times April 25 issue)

A revised civil law came into force April 1 with a provision for suspending parental prerogatives for up to two years to protect children from parental violence or neglect. The revised law makes clear that parental protection and education of children must be done for the sake of the children’s interests.

It also limits parents’ right to discipline their children to the extent needed for the sake of protection or education. It is hoped that the revised law will enhance the ability of child welfare facilities and local governments to help children who are experiencing difficulties with their parents.

Under the revised law, in cases in which parents’ actions harm the interests of their children, a family court can suspend parental prerogatives for up to two years at the request of the children or their relatives, public prosecutors, heads of consultation offices for children and legally designated guardians of minors.

This will enable local governments and children’s welfare facilities to protect children from dangers posed by their parents.

The Diet passed the revised law in May 2011. Behind the legislative move was a rise in the number of child abuse cases. In fiscal 2010, the number of cases in which consultation offices for children took action topped 50,000 for the first time.

Compared with the traditional provision of permanently revoking parental prerogatives, which was rarely invoked, the provision for temporary suspension of parental prerogatives is a step forward because it enables family courts to flexibly deal with difficult parent-child relationships.

In many past cases, parents took advantage of their parental prerogatives to prevent child welfare facilities from taking action to protect children. It will be important for such welfare facilities, local governments and other parties concerned to develop their counseling skills, and form a network to help children and their parents restore or develop positive relationships.

日本語の抄訳はウィークリ5月5日号のP18に掲載されています。