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Next FWLA Meeting on Tuesday, November 8th
Understanding the Hague Convention on the Civil Aspects of International Child Abduction and Likely Issues After it is Signed by Japan
Date: Tuesday, November 8th, 2011
Time: 7:00pm Light Dinner & 7:45pm Presentation Commences
Venue: White & Case – Marunouchi Trust Tower Main 26th Floor (click here for map)
RSVP requested by Friday, November 4th: mail fwla.events@gmail.com
Many of us have heard or read stories about foreigners losing rights to their children after divorcing Japanese spouses and there is a sense that things will be better once Japan signs and ratifies the Hague Convention on the Civil Aspects of International Child Abduction. How many of us though really understand what the primary goals of the Convention are or how the Convention works? How are child custody issues handled in Japan between Japanese parents? Will changes also need to be made to Japanese civil law in order to achieve the goals of the Convention?
We are honored to present Professor Finbarr (Barry) McCarthy of Temple University Law School as our special guest speaker on November 8th so that we can better understand some of these issues.
Professor McCarthy will first discuss the Convention and then Japan’s decision to sign the Convention. He will explain the goals and major provisions of the Convention and the role of the Central Authority it requires in each contracting state. As one of its primary goals, the Convention seeks to have a child wrongfully removed to or retained in another country promptly returned to the country where the child had habitually resided. Professor McCarthy will discuss that duty and the five exceptions to such duty recognized by the Convention. He will discuss the fundamental role that the Convention envisions for each state’s Central Authority in managing external and internal cooperation among judicial and administrative authorities both to prevent the wrongful removal of children and to secure their prompt return once wrongfully removed. Finally, he will discuss some issues likely to arise in Japan now that cabinet has decided to sign the Convention. We have also allotted time for a Q&A session.
Professor McCarthy joined the Temple law faculty in August 1991 where he teaches courses on employment discrimination, international family law, property law and trusts and estates. After obtaining his B.A. from Trinity College, he worked as a tax inspector for Ireland’s internal revenue service. Professor McCarthy obtained his J.D. from Tulane University and then served as a Bigelow Teaching Fellow and Lecturer in Law at the University of Chicago Law School. He later clerked for Judge Jacques L. Weiner, Jr., of the United States Court of Appeals for the Fifth Circuit.
The Japan Campus of Temple University School of Law will be offering one MCLE Credit to U.S. qualified attorneys attending the meeting. Please bring your state attorney ID number (if applicable) so that you can complete the necessary paperwork at the meeting.
