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American father wins custody of daughter taken to Japan

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So she had a trial in the USA... and lost custody of her child. I wonder if she would have lost if the trial was held in Japan.

11 ( +16 / -4 )

The maternal grandparents should be arrested if they visit Emiko in the US for misprision of felony. Should be no statue of limitations for kidnapping. Aloha!

1 ( +10 / -9 )

The phrase "If she makes it" ... presumably the article means to say "If she makes it to U.S. soil" or better still "If she returns to the U.S." The "it" isn't exactly clear.

And I'm confused why the Journal Sentinel said this would set a precedent. If this settlement took place in a Japanese court of law, I might be more believing, but this case was settled in Milwaukee (Wisconsin, U.S.) County Circuit Court. Aren't there already outstanding warrants for other spouses that have fled with their children, warrants that Japan has decided to ignore? How does this conclusion -- which took place only because the woman decided to risk returning to the U.S. to renew her visa -- affect those other cases? Surely it would not become a legal precedent. It might be better to term this case an "example", as in "a warning to those Japanese who fled who might want to return to the U.S. for a short holiday." Otherwise, I think that to label this case as a "precedent" -- that from here on out the floodgates will open and a lot of children will be suddenly returned -- is nothing more than Wishful Thinking, and it will remain that way until Japan signs and enforces the aforementioned international compacts on child abduction.

8 ( +10 / -2 )

Good to see that atleast one child was returned (even if the trial wasn't in Japan).

-1 ( +2 / -3 )

I'll believe it when I see it. Getting her away from the vulture grandparents and out of Japan may be more difficult.

0 ( +4 / -4 )

He told the paper that Inoue, 43, has brainwashed his daughter and alienated her affections for him during the time in Japan, but he’s confident that if the child comes home, she will be able to get the help she needs to deal with the psychological impact of the ordeal.

hope she really gets proper help and is free from any psychological/emotional problems. Good Luck to little angel.

0 ( +1 / -1 )

The only way the child will be returned to the USA is if the mother is kept in jail until she is reunited with her father. I expect Japan will fight this and pull out the "foreign spouse abuse" card they keep playing. The victim in this is the child. If she has indeed been turned against her father it's going to be especially hard for her to adjust to a different life. She may also be accustomed to life in Japan and have friends that she doesn't want to leave. Its a touchy situation and the best interests of the child should be considered fairly by all parties.

6 ( +9 / -3 )

No way Moises is getting his daughter back without the US courts sending in the Navy Seals. Luckily Emiko the kidnapper was arrested, extradited, and has been in jail for nearly 7-months. It would be a good idea for the Japanese government to get a clue. Surely, the child needs both parents. Welcome to one-sided and RealJapan. Hopefully, the Japanese government wises up before Emiko "drops the soap."

-3 ( +7 / -10 )

So even though he has won and the court has ordered the child returned the Japanese government will do nothing to enforce this courts ruling. Way to go Japan, just another way you are showing how insular and backward you are. Im sure if the boot was on the other foot there would be protests and demands made by the Japanese government and embassies in the US and we would here the incesant whining that usually accompanies something that the Japanese dont agree with.

2 ( +7 / -5 )

The Kobe Family Court ruled in March, 2011 that the mother has parental authority but also ordered the mother to let the daughter meet her father in the USA . Both the mother and father are appealing the case in Osaka High Court.

2 ( +3 / -1 )

He WINS custody, but does not HAVE custody. Until those kids are with the father, the ruling by the court has no teeth.

0 ( +1 / -1 )

it's an interesting situation: The USA is holding the Mother hostage, if her Family in Japan release the child to the Father in the USA they get their daughter back. If not, their Daughter rots in a US Jail for 10 years.

Back in the day we'd do this with a roll of duck-tape, a hacksaw and a Fed-Ex courier. Now it's all nice and legal like.

4 ( +7 / -3 )

I'm sure they cut a deal with the Inoue family: (To the grandparents): Return the child according to the court's custody ruling and we'll send your daughter home to Japan. The more you delay, the longer she stays in detention. And, if you haven't read anything on immigration detention in the U.S., some people are held a looooooonnng time before anything is resolved. A very gray area in the justice system. I'm happy about this case. I'm glad the computer system alerted immigration officials when she entered the U.S. I can understand why she felt she needed to maintain her U.S. residency status. Once it's lost, you can't reapply for 10 years (my wife was also concerned about this). She rolled the dice and got caught. I'm sure the daughter will adjust eventually. If he's a decent physician, he'll have enough resources to make her a comfortable, nurturing home. Hopefully there's an extended family nearby for additional support.

1 ( +3 / -2 )

I am happy that the Japanese woman concerned was picked up by immigration and detained. What audaciousness!! She kidnaps the child back to Japan, alienates her from her father but still wants to keep her American PR!! There does seem to be this general feeling within Japanese beaurocracy that the foreign parent just isn't important or even exists at times.

I pray the little girl is reunited with her father and a balanced 'lifestyle' is found to help her adjust. Let this be a sign to Japan of things to come.

5 ( +11 / -6 )

Inoue was arrested in April when she visited Hawaii to renew her U.S. permanent residency status.

Dumb and pointless move on the mother's part.

2 ( +3 / -1 )

I got an idea: Since Emiko wants to be American so badly the American government should send her upstate to a maximum security prison and mix her in with the general population where she could become "best friends" with a girl named "Buff." I bet Emiko's parents would release the daughter then.

0 ( +6 / -6 )

Would be a win-win for all. Emiko could become a "bone" a fide American and the daughter would be released.

0 ( +1 / -1 )

wow! if she's released from jail and allowed to leave the US, Mr garcia chances of getting his daughter are pretty slim. The truth is, what really matters is the interests of the girl , living in japan with her mother and grand parents or with her father . Let's the child'sbest interest wins.

3 ( +3 / -0 )

They can't keep the mother in jail forever so, once she is released, she could easily go back to Japan. Seems doubtful that the grandparents will give up the granddaughter.

0 ( +1 / -1 )

Wanted the cake and to eat it if she tried to renew her US visa... what a selfish person. If she had half a brain she would know she could have renewed her visa at the US embassy in Japan but she went to Hawaii and got arrested, I have no pity for this woman.

I can't see how this will be resolved, if they let her go to go and get her child she'll never come back and there will be nothing anyone can do. Even if Japan signs the Hague convention it is not applied retroactively.

It's going to turn into a "we wont let you out of jail until your daughter is in America"... but essentially that is kidnapping a Japanese citizen and holding them for random since Japan is a signature of the Hague convention?

I hope this works out in the end

5 ( +7 / -2 )

When I saw this headline I thought "WHAAATTT??!!" Then I saw the court was in the US - so no surprise there after all.

The only reason the woman has pled no contest is because she is banged up in jail. I cant believe she took the risk of going onto US soil in the first place. Surely she knew she was going to be arrested? Maybe she thought the US cops were as useless as the J ones and wouldnt spot her??!

Im glad to see the Americans getting tough on this, but I agree with mikediab - if they release her from prison, his chances of getting his daughter back are next to nothing. No way are the J authorities going to concur with this ruling and help.

I just cant understand these women. Kidnapping your child away from the father is bad enough, but then poisoning the child against him, refusing to let him have any contact - that is just evil.

1 ( +4 / -3 )

I expect Japan will fight this and pull out the "foreign spouse abuse" card they keep playing.

This is what confuses me about Japan. Just as you say about the "foreign spouse abuse" card and why the child should stay in Japan, but yet I bet the child is probably bullied and treated as a "second class" person because the child is mixed. Especially if the mix is with a darker skinned person and not white. At least in America, the child would not face this problem as much as they would in Japan.

Inoue was arrested in April when she visited Hawaii to renew her U.S. permanent residency status.

Curious, why would she want to renew her residency status if she lives in Japan. She would have to come to the states at least once a year and have a permanent mailing address in the states to keep living in Japan. Only if she is married to a person who works as a government employee overseas and has an overseas letter of employment or is married to a person in the military, she would be able to keep permanent residency without actually being in the USA (as is my case).

Something tells me that there is more to her story and background. If she had no desire to come back to the US, why bother renewing residency.

1 ( +3 / -2 )

What happens if the girl prefers to stay in Japan or wants to have regular contact with her mother? Can she be forced to go and live with her father?

Anyway, how come these cases always involve children under 10? Don't divorced parents with teenage children have similar disputes?

4 ( +5 / -1 )

It's an interesting situation: The USA is holding the Mother hostage, if her Family in Japan release the child to the Father in the USA they get their daughter back. If not, their Daughter rots in a US Jail for 10 years.

The US is definitely not holding her hostage. She broke US law and was dumb enough, luckily for the father IN THIS CASE, to try to renew her PR status and get arrested.

From reading your post here I guess it's safe to assume that you believe that it's fair or okay for people to flaunt US law just because it is a custody battle?

There are two sides to every story, and the mother in this case broke the law. She could have had her case tried in the US but chose to abduct her own child before the case was heard. No one seems to be thinking too much about the kid here and are just using her a a pawn. That sucks royally!

4 ( +5 / -1 )

Um, how is this any different to many other cases out there? Plenty of foreign parents "win" and are told they should get their kid back from Japan. Japan ignores everything and the child is pretty much kidnapped and held in Japan. I highly doubt these grandparents are going to give the kid over. They don't have to because Japan won't force them to.

The mother sounds like an idiot. Love that she doesn't want to abide by American laws but yet, wants to keep her visa! Ha! Greed will get you every time. More so when SHE'S not even raising the kid, her parents are. Pathetic.

I find it pathetic that parents use their kids as pawns in the game of divorce. Thank god my parents were mature enough not to. Shame that many, many Japanese aren't.

-2 ( +4 / -6 )

The USA is holding the Mother hostage, if her Family in Japan release the child to the Father in the USA they get their daughter back. If not, their Daughter rots in a US Jail for 10 years.

Hostage?? Nope. She was arrested. Charge her with kidnapping - throw on international for more weight - try her, and keep her in jail. If he gets the kid back, make her serve out her full sentence and then return her to Japan and never allow her back in the US. I mean, surely Japan knows ALL about international kidnapping and would support her being charged, right? Right?!

0 ( +5 / -5 )

Yes!!!!!!! Success at last. Those horrific kidnapping women of Japan at last tasted the horror so many foreigners have endured. May this be the first of many happy returns!!!

-1 ( +3 / -4 )

The mother sounds like an idiot. Love that she doesn't want to abide by American laws but yet, wants to keep her visa! Ha! Greed will get you every time. More so when SHE'S not even raising the kid, her parents are. Pathetic.

Exactly! She wants the benefits of being able to live in the US legally yet chooses to flaunt the laws there.

2 ( +2 / -0 )

The U.S.A Government should let this mother rot in jail for the next 10 years!! What she did was totally uncalled for and a cruelty to both her child and everyone thats connected to her child. She not only created a lot of hurt for her family, but also for everyone thats involved in this situation. The worst thing about all of this is that the Japanese government seems to always sweep everything under the carpet and protect the guilty.

3 ( +4 / -1 )

According to the article on the JS Online site she has agreed to have the child back in the state by Christmas.

http://www.jsonline.com/news/crime/plea-deal-may-be-struck-in-custody-case-3135858-134270968.html

There is a bit more to the story on the site itself.

According to the article as well the father won custody of his daughter in the Osaka court as well!

2 ( +2 / -0 )

sad part is.. now if this daughter is sent back.. it will never see the mother again. Because most likely the USA will never allow the mother to come to the USA.. that means the mother will never see the daughter again.. The person who is most ly affected will be the child.. She will loose the japanese culture. Yes what the mother did was wrong but what is the other side of the story? sometimes I do not agree what the USA is doing.. another thing counseling? counseling what? brainwashing the child that her mother is the evil woman and she should never be involved in her life?

2 ( +9 / -7 )

Almost no one mentioned that this custody case was held in the U.S. And everyone here pretends that is the final word in custody.

If the situation was reversed, AMERICANS would be crying foul play and ignoring a JAPANESE judgement just the same.

"This is the one sided and RealAmerica"

NEITHER parent are native of AMERICA.

"Kidnapping" is a matter of semantics in this case. The mother brought her daughter to her home. That's hardly kidnapping.

The FATHER filed for divorce.

I'd rather see the girl raised in Japan than Nicaragua. I don't see why the man who broke up the family is considered to be the better parent.

This is yet another example of why "Born in the U.S.A." should not automatically make you a U.S. citizen.

7 ( +12 / -5 )

Inoue was arrested in April when she visited Hawaii to renew her U.S. permanent residency status. She was extradited to Wisconsin and was being held in the Milwaukee County Jail, the Journal Sentinel said.

I am not here to express my personal opinion on the judgement. Didn't she know she has been placed on a black list? Apparently she is not too smart to raise this child.

-1 ( +1 / -2 )

@Nicky

I just cant understand these women. Kidnapping your child away from the father is bad enough, but then poisoning the child against him, refusing to let him have any contact - that is just evil.

Agree with the concept, but what is her side of the story? I haven't seen her story documented, and since she is in jail, I doubt if a "free speaking" version will be available just yet. Bear in mind I'm NOT on her side, I just don't see both sides of the argument here. as for poisining the against him, he seems ready to fight back.. ""I have a team of psychologists that would help, I have interpreters, too. I speak Japanese, and I'm ready for her. I also cook Japanese food. I'm prepared for her,"" from WISN.COM. Lets hope he paints a fair picture of his side too, he has spent 350,000USD on this already.

The real loser here is the child - how can you really grow up in that kind of environment where your parents are at each others throats despite being 10,000km apart? The biggest question for me is do these parents love the child or just see her as a way to get a victory over the other party? I really hope that isn't the case.

6 ( +6 / -0 )

As far as I see, a child should more likely belong to a mother. The mother is the one that carried the child in her belley for nine months. She is the one always in danger of dying in childbirth. How does one KIDNAP their own child ?

-6 ( +4 / -10 )

@ Barbara. And what do you think the Japanese family have been doing? Promoting a healthy relationship with her American family and heritage? The mother broke the law. She put her own child in this terrible situation. Imagine a situation where you had a child and that child was suddenly kidnapped to another country. Would you feel happy and relaxed letting your ex have unsupervised visitation rights the child after that? It's about trust. It's about being a responsible parent and putting the needs of your child above your own. Something the mother obviously didn't think about. The whole concept of children and divorce needs to change here. Kids are human beings too not possessions to be used as trophies of war.

-5 ( +5 / -10 )

If the situation was reversed, AMERICANS would be crying foul play and ignoring a JAPANESE judgement just the same.

It was reversed, HE won custody in the Japanese courts as well. So do you still stand by your statement here? These incidents have to be judged on a case by case basis. In this case the father has won in both countries. The mother deserves what she got. She tried flaunting US law in her arrogance and got her comeuppance.

Karina is currently living with her maternal grandparents in Japan. Garcia was granted full legal custody in Milwaukee County Circuit Court in 2008. He's gone further than most people in his situation, said his attorney, James Sakar, and won legal custody from Japanese courts.

3 ( +3 / -0 )

i do not think the father is smart either raising the child.. he divorced the mother.. regardless who did what.. the child is the victim.. now she has to "learn " american life.. where weapons in school, bullying ,, and other things you tend to hear. something in japan you do not need to worry..

-18 ( +8 / -27 )

@Barbara....She has to live somewhere, and she will have plenty of benefits to living in the US as well. Her father, as a doctor, as the means to raise her.

I guess you don't approve of giving people a 2nd chance huh?

He divorced her, but do you know why? Maybe she was a lousy mother and shouldn't be around kids. I mean heck she left her child, abandoned her if you will, just to go to Hawaii no less, to renew her PR visa. And to you that makes her more qualified to raise their child?

2 ( +4 / -2 )

Inoue was arrested in April when she visited Hawaii to renew her U.S. permanent residency status. She was extradited to Wisconsin and was being held in the Milwaukee County Jail, the Journal Sentinel said.

Wow, she actually went back to the U.S. after all she had went through, and all the publicity that her case received... That's unbelievable... I cannot understand why she went back to the U.S. in the first place, I know plenty of Japanese, with no skin-in-the-game, and they could just do without ever going back to the U.S., and she had child that could be taken away, so that in itself is unbelievably stupid.

She had outstanding warrants, for child abduction, not failure to pay a speeding ticket, she wasn't going to get a new green card or her permanent residency renewed anyway, that goes without saying... I guess this is just one small window into the Japanese psyche, that equates illegal bicycle parking with groping.

Now whether she actually returns the child, is another matter entirely. She can basically live out her entire life and visit every other one of the 138 nations in the world without ever returning to the U.S. and she would be fine.

0 ( +1 / -1 )

Wow! That's some news..!

0 ( +0 / -0 )

chris jacques. How do you know that Garcia is not a natural born citizen? Speaking of "RealAmerica" American courts have looked at both parents (regardless of the other parent being Jaapnese) objectively. Surely, you cannot say the same for Japan. Even if the Japanese courts sided with the foreign parent the Japanese police would not enforce the court order. Unfortunately, before the American courts can rule favorably in the Japanese parent or foreign parent's case based on the facts, the clueless Japanese government instructs the Japanese parent to kidnap the child and return to Japan. As such, the Japanese parent is an international criminal. Seems like there is no difference between Japanese abductions and NK abductions in my book.

-2 ( +1 / -3 )

NEITHER parent are native of AMERICA.

I agree with all the points you make here, Chris. Simply awarding custody by a US court to a man who is not even American, seems strange. Why did the man file for divorce? What lies behind all this? How does/did Garcia substantiate his accusations of brain washing? We haven't got a clue, so going a little easy on the mother might be in order.

1 ( +5 / -4 )

Barbra, perhaps you should read the article and comments again. You should also perhaps, educate yourself on custody issues and how Americans react AND educate yourself about the Hague regarding international custody.

Vic, you should perhaps look around and the financial situations of mothers, some of the issues some mothers have (child abuse, neglect)... Just because a women carries a baby for nine months doesn't make her any more a fit parent than a father. In many cases, women are awarded custody who clearly should not get custody because the judge as some messed up ideas that kids belong with their mothers. The child belongs with the best parent.

2 ( +5 / -3 )

I agree with globalwatcher. Thanks for watching.

0 ( +1 / -1 )

Yubaru, she must have been a crappy mom - most courts in Japan give mom custody no questions asked.

1 ( +4 / -3 )

most courts in Japan give mom custody no questions asked....unless that mother happens to NOT be Japanese, in which case wave bye bye to the kids.

2 ( +3 / -1 )

The "kidnapping" is irrelevant in this case. She is guilty of violating a court order...period....It appears that she wanted her precious green card and proved that by trying to sneak into Hawaii to keep it. Just as those in Japan that want to retain their Visa status here must abide by the LAWS, so must she....not our interpretation of them. This is the classic case of wanting to have your cake and eat it too...Every year...many fathers lose custody of their children and must make sacrifices to be near them if they choose....this is the same problem she was faced with and she bolted...she belongs in jail in perpetuity until she submits to the original court order....If she really cares about her child, the little darling must be sent back and handed over to the father BEFORE she gets sprung from the detention center. Then she should be able to stick around to undo the damage that SHE caused

2 ( +4 / -2 )

the case could set a precedent.

Yes, one that simply dictates that the Japanese parent needs to be arrested and detained indefinitely to give the foreign parent about a 20% chance of ever seeing their child again - some precedent.

Inoue was arrested in April when she visited Hawaii to renew her U.S. permanent residency status.

Talk about 'having your cake and eating it too' - it's keep your daughter OR your permanent residency Ms. Inoue. DUH!

0 ( +0 / -0 )

The issue is the daughter. International marriages exists. If there is a divorce both governments should find a joint solution to give the child a bi-cultural education and upbringing. Although America might have flaws in its legal system, Japan "takes the cake." You have a government (Japanese officials) involved in the abduction and then creating the criminal. Yes, Japan has its and should be respected. However, Japan should also respect human rights.

4 ( +6 / -2 )

Japan has its laws and should be respected. (correction)

0 ( +2 / -2 )

I think in this case the parents' nationality is irrelevant - the child is a US citizen by virtue of being born there, so the courts (I assume) are protecting that right first and foremost. Without the detail of the divorce and custody settlement though, it really is difficult to judge the emotional right and wrong here (and to be honest I really hope it could stay private). She broke the law, I know, but that is not the right and wrong I'm referring to.

Jeez, can you imagine when this girl learns how to google and starts digging up these stories about her custody battle?

1 ( +2 / -1 )

Barbara Reder wrote; i do not think the father is smart either raising the child.. he divorced the mother.. regardless who did what.. the child is the victim.. now she has to "learn " american life.. where weapons in school, bullying ,, and other things you tend to hear. something in japan you do not need to worry..

Agreed that the child is the Victim of all this...

BUT, what in the hell does the father filing for divorce from the mother have to do with the father not being smart to raise the child???...

And YES, IF the child does make it back to the States, she probably will have to learn the American way of life...where YES, there are weapons, in some cases in schools, bullying in some places and other things that make the world go around.

And NONE of that EVER happens in Japan huh???...NEVER???...bullying...NEVER...weapons (more knives than guns)...NEVER...fear of being slashed by a knife toting wacko...NEVER...kidnapped and your body chopped up into little pieces and dumped on some deserted road in the mountains...NOT in Japan...NEVER???...I must have been reading a Japanese newspaper and listening to the news on TV that misstated where the crimes occurred then...

You must live in a different Japan...a safer Japan...

In the States, you just have to become MORE street smart on your own...they don't have the "Public Announcements" on "how to carry your umbrella" in the States, like they do on the trains in Japan...

Is it safer in Japan as compared to the States???...that all depends on what areas you are comparing...

Lets just hope that everyone concerned in this case, comes together for the child and stops the BS with their own adult needs...

1 ( +4 / -3 )

I've been waiting to hear news like this. Japan's family court system is the worst. There are many more LBPs that are hurting. I expect Japan's government to continue to stall.

For those of you don't understand what's been going on. At the core of it all. IN MY OPINION, is not being recognized, your culture, your identity in that child. It feels like WWII but only with Japan winning and deciding what language your child will speak and what religion the children will have pushed on them.

Things need to be balanced. Joint custody is very important. Divorce is divorce, we all understand that. 2 human beings creating a child together is a separate issue and the children have the right to see both parents.

-3 ( +5 / -8 )

I think she made 2 big mistakes. She illegally escaped from the US and went back for whatever reasons. If she wants to keep her child ever, she should not have gone to the US. She finally dug her own grave about custody. As for child raising, mother seems to be better than father at all points. Father likely raises child a little aggressive and quick tempered and mother does not. After 10 years, can see the difference between raised by father and by mother.

-8 ( +2 / -10 )

I agree the children have the right to see both parents. Obviously the nationality of the parents would not be an issue with the American courts since Emiko had a "Green Card" prior to the divorce. It takes a foreigner an average of 20 to 40 years to get a Green Card in Japan without being married to a Japanese or working at or attending a Japanese university through Japanese sponsorship. Sad to say the least.

0 ( +1 / -1 )

She was incredibly naive in going to Hawaii. Now lets see if she actually returns and fetches the daughter. As a betting man, I would put my money against that.

-2 ( +0 / -2 )

This is such a nasty scenario and unfortunately, an all too common one. There is an organization called CRC (Children's Rights Council) that has been helping all these fathers achieve the right to see their kidnapped kids. However, their moto is, the best parent is both parents. Sadly it didn't work out that way in this case. A big kudos to the dad for sticking to his guns and a big thumbs down to the mother, but I just feel sorry for the kid that has been caught in the middle of it.

Japan is such a backwards country when it comes to divorce an joint custody. There are no laws governing joint custody, child support or property settlement and whatever the mother says she gets. I got divorced a little over a year ago and the witch would let me see my kids for four months. It wasn't until she realized I was a very handy babysitter that she let me see my kids again and now, they spend every wekend with me. As they should! Divorce should be about the kids and not the parents!

2 ( +4 / -2 )

20-40?? Wrong. Min 10 and most I know who have it got it in 10.

All these comments about mothers being the better parents... yikes. I have met some crappy moms AND dads. Have met some amazing mothers AND fathers. I don't think gender is the issue with it comes to parenting. It is rather sexist to claim that one is better than the other.

4 ( +7 / -3 )

I totally agree that a child's right is to have access to both parents. But....if you've been in Japan long enough and especially if you have kids, you know that joint custody is rare. Also, as for the mother almost always getting custody that works fine if the Mum is Japanese but not if the mother happens to be foreign. We've all heard horror stories of Japanese spouses just taking off with the kids.

As for the clan clamouring on about 'safety' Japan, please take off those rosy tinted glasses. Sure I feel safer walking around here late at night than in some parts of the UK but Japan has it's own problems. Problems which I personally feel will deepen with wider unemployment and disatisfaction with lifestyle. Children from international marriages can also meet discrimination here which is widely accepted by officialdom. It totally disgusts me how Japan cries out for international intervention and aid when talking about a few Japanese nationals who were abducted to North Korea but abet Japanese nationals in child abduction and refuse to even listen to the foreign parent's situation or side.

0 ( +3 / -3 )

@ Kwatt. And what evidence or research do you have to show that a mother is better equipped to raise children than the father! ?? My husband and I share parental responsibility and all the legwork that comes with it. He's a great and loving dad. Google 'Child abuse deaths' on the Net but brace yourself, you might just have heart failure!

1 ( +4 / -3 )

Caught re-applying for US Permanent Residency -.- If one flied and came back >.> not a smart woman. Must of been a poor learner / High school drop out. Guess she came back to see if she could do it again build a nefarious reputation for herself

1 ( +1 / -0 )

tmarie - sorry but concerning a Green Card in Japan 20 - 40 years is accurate. Either the people you know are married, working or attending a university or do not have any connections with Tokyo.

0 ( +2 / -2 )

Inoue was arrested in April when she visited Hawaii to renew her U.S. permanent residency status. She was extradited to Wisconsin and was being held in the Milwaukee County Jail, the Journal Sentinel said.

7 months in jail? I am happy to hear that. Never in my life I have heard Japanese citizen jailed for abducting daughter. Probably Inoue is not born Japanese or Inoue's case haven't caught attention of Japanese consulate in US or else she would have not jailed even for a day and now enjoying with her daughter in Japan. It also makes me think if the Japanese consulate have ran out of budget to bribe the judge....What a pity...

BRAVO to Gracia and court of Wisconsin for executing the guilty. Hope media gives due attention to this case and showcase it a message to other Japanese girls who are thinking of doing something like Inoue..

Rob

1 ( +2 / -1 )

TT The child should have stayed in japan, a much better country them the U.S.A I feel sorry for the mother UU

-12 ( +4 / -16 )

@ Barbara Reder totally agree with you. now the poor girl is in the US...

-15 ( +3 / -18 )

She was incredibly naive in going to Hawaii.

True. But it seems a sizeable portion of Japanese do not realise that Hawaii, Guam, Saipan etc falls under US Immigration control. Remember that Japanese murderer who a few years ago thought it would be a nice idea to take a holiday to Saipan - and ended up arrested as he had killed a woman in LA 30-odd years ago?

I just hope the girl has access to both parents. She is the only person who matters here, IMO. Parents do not own children and should not use them as pawns when their marriage breaks down.

5 ( +5 / -0 )

I'd rather see the girl raised in Japan than Nicaragua. I don't see why the man who broke up the family is considered to be the better parent.

After several years in Japan I'm starting to think that Nicaragua would be a better place to raise a kid.

0 ( +5 / -5 )

Barbara: I agree it's sad that the child is the main person suffering in all this, but I bet you a million dollars the mother doesn't see it that way and probably feels SHE is the victim. I mean, she kidnapped the child and alienated, even BRAINWASHED her against her father, then left her to renew a visa for a nation she would NEVER be allowed to return to??

Not only is the woman incredibly stupid, but obviously incredibly selfish. Now the daughter she spirited away and vowed never to return to the father is being used as leverage to hopefully get her out of jail. I say even if the daughter is returned the woman should do a stint in jail for the original crime, hopefully 5 to 10 years. If the grandparents hesitate in giving back the child, they too should be jailed if and when they visit the US to see their daughter or plead their case.

The US certainly has it's faults, as does every nation, but they are the only ones doing anything here.

1 ( +5 / -4 )

It seems that most here jumped in and chose a side instantly. I need more details. Some things I would like to know is: Did she flee after the U.S. court gave the father sole custody or before? Why exactly did the U.S. court grant the father sole custody? As a punishment for Inoue's actions? As a punishment for the actions of other Japanese mom's who fled with their kids? And why did the father decide to divorce?

It sends up a red flag with me any time a father is awarded sole custody over the mother. There has to be a good reason for that for me to approve, and I see no reason given here. After all, it was the mother that carried this child in her belly for 9 months and went through the agony of labor. Right there I give the mother at least 60 percent custody of her child, and I find a 50/50 deal to be unfair, and untenable. That she would grab the kid and run may be illegal, but its certainly not a surprise, is it? I would not punish such a mother by denying even joint custody, even if I did respect the idea that a father starts out with 50 percent custody..

But the absolute most important detail of all is missing here. What does the child want? It bothers the hell out of me that the wishes of children are summarily ignorned in just about anything. I was 9 once. I could have told you where I wanted to be. In my mind the only time any of this other stuff matters is if the child is asked but can't decide.

-6 ( +1 / -7 )

OoOooOOoOoo...how interesting. But I do have to wonder, couldn't they both have just SHARED custody of the child so that she could have the love from BOTH parents instead of making this such a huge fuss and one parent is trying to get full custody of the child. And you do have to wonder, have any of the parents ever asked the kid for her opinion? Sigh...people these days.

3 ( +3 / -0 )

i do not think the father is smart either raising the child.. he divorced the mother.. regardless who did what.. the child is the victim.. now she has to "learn " american life.. where weapons in school, bullying ,, and other things you tend to hear. something in japan you do not need to worry..

@Barbara Reder - This is one of the most uninformed, naive statements I've had the misfortune to read. I'll give you the benefit of the doubt and assume you've never stepped foot in Japan or read any modern books about it. Heres a little dose of reality for you; Bullying is a way of life in Japan, and kids who are different like this little girl will face a lot of it growing up.

6 ( +11 / -5 )

I wonder how Moises Garcia knows his nine year old daughter has been brainwashed and alienated in her affections for him. If he was a good parent to her then when he filed for divorce when she was around eight, I think she would be old enough to judge his actions. Her mother and grandparents can tell her that her daddy is mean and too busy being a doctor to telephone/write/visit her in Japan till they're blue in the face but if he has always shown her love and affection in his words and actions, her memories won't jibe with what she is being told.

I agree with the others on the mother being silly by flying off to Hawaii to renew her U.S. permanent residency status. What a dumb move.

If the nine year old is attending a Japanese school, she probably suffered a bit of culture shock. On the other hand, if she is going to an international school, well, she is better off in the states.

1 ( +2 / -1 )

@samanthsa. As for child custody cases for father or mother, mothers will usually get parental authority more often than fathers, because we think mothers raise children better than fathers at at points in most of countries, however not all cases.

1 ( +1 / -0 )

hoserfella - Bullying is a way of life in Japan, and kids who are different like this little girl will face a lot of it growing up.

I couldn't agree more! My beautiful 'halfu' daughter started elementary school this year and she is already copping it. Gladly, I am in her life to put some perspective on the ijime culture and to reassure her they are only bullying her cos they are jealous!

4 ( +6 / -2 )

In Japan its not the mother that gets custody in international cases, but the Japanese parent, who is more likely to be the mother simply because fewer gaijin women marry Japanese men, than the other way around.

2 ( +2 / -0 )

I agree with bookbag that more details are needed.

But just taking what we have - no one seems to be putting the little girl first. She's being pulled between the parents like a possession.

Inoue would seem to have done wrong in taking the girl back to Japan as soon as her husband filed for divorce, but we don't know the details. Was she unhappy in the US? (Seems unlikely, if she wanted to renew her PR...) Was she afraid that the courts would make the same kind of mistakes that were made in the Savoie case, with the mother being forced to live on the sidelines of her husband's new life?

Garcia meanwhile claims his in-laws have 'brainwashed' the little girl and 'alienated her affections for him' - this seems to be the other side of the coin to the Japanese grandparents' claim that the girl, who has apparently seen her father for 2 hours in the past 4 years and has lived nearly half her life - most of the life she has any clear memory of - in Japan, does not want to go to the US. If I had a child who needed psychologists before she would be happy in my company and living with me, I would think very hard indeed about pushing my 'rights' as a parent.

The courts too, by holding the mother in jail to force the child's return to the US, are depriving the girl of her mother. Another black mark.

It's pretty obvious we do not have all the facts of this case. As in most cases of this kind, neither parent seems squeaky-clean. I just hope the final outcome is in the best interests of the child.

2 ( +5 / -3 )

In Japan its not the mother that gets custody in international cases, but the Japanese parent, who is more likely to be the mother simply because fewer gaijin women marry Japanese men, than the other way around.

Actually, the majority of international marriages here are Japanese husband and foreign wife. Chinese, Korean and Filipina are most common. I guess we only hear the western cases of these child abductions though? I'm sure there are many thousands of cases of the Japanese father granted custody over the foreign-born mum.

1 ( +1 / -0 )

fewer gaijin women marry Japanese men, than the other way around.

Wrong. Number of J-man, non-J woman marriages in 2010 - 22,843. Number of J-woman, non-J-man marriages in 2010 - 7,364.

URL for the J-grandparents' claim that the girl does not want to go to America - http://www.wisn.com/r/29836839/detail.htm

4 ( +4 / -0 )

Real, PR takes 10 years in Japan. None of my friends who have it have connections.

Cleo, I don't know if the father is really to blame in any of this. He was awarded custody in Osaka and the US and mom did a runner. For all we know, he was more than happy to have shared custody. Thing is, in Japan we know that isn't all that common. I personally don't know anyone who is able to see their kids after the divorce - in all the cases I know, all men (Japanese and foreign) and all the ex wives are Japanese. I certainly do agree that kids are used as pawns - said as much myself earlier - and it is disgusting. Kids should have a "right" to know both parents unless one parent is unfit. The fact that both Japan and the US gave the father custody raises red flags about the mother and her abilities ot raise a child. Though, I guess in this case, we can we happy that she just dropped off the pawn with her parents for them to raise - sad and pathetic.

In all of this, the child loses. With regards to raising kids here or the US, there are pros and cons. If I had a girl, I would prefer the US over here, if a boy, Japan.

And Cleo is correct. More foreign women marry Japanese men. Thing is, most of the people who claim more gaijin men marry Japanese women are only thinking about westerns/visible minorities. It is rather wrong - and puts a huge dent into the whole "no foreign women would marry a Japanese man" that some here like to claim.

Regardless, the mother in this case broke laws, needs to be charged and the child should be returned to dad. That however, remains to be seen.

1 ( +3 / -2 )

Thanks cleo for the stats. More Japanese men are married to foreign women then the other way around. By chance does anyone have in stats or the number of Japanese granted Green Cards in America compared to Americans granted Green Cards in Japan? Or how many foreigners are granted permanent residency in Japan without being married. Japanese law states 10 years but it only applies to foreigners teaching English or music at a Japanese university unless the Japanese government sponsors one from a under development nation to attend a Japaanese university. Seems a fair question since Emiko was able to achieve a Green Card in the US and risked prison, her family, and child to renew it.

-3 ( +0 / -3 )

@ Kwatt. Yes, that's true. (Except in Japan if the mother happens to be foreign!)!However,that notion is rapidly being challenged as we hear more and more about neglectful mothers and abusive mothers, some who kill their own children. My husband is just as nurturing and loving as a parent as I hope I am to our children. Apart from the breastfeeding......he did try but for some reason unbeknown, his milk just never kicked in.....my husband can do anything I can do concerning the kids!

And actually, it really is best for a child, as long as the parents aren't abusive, to have a mother and a father there. My parents divorced when I was young and managed to put their grievances aside for mine and my siblings sake. Some people aren't mature enough or one partner isn't mature enough to see the big plan.

0 ( +2 / -2 )

And I'd just like to add that Japan doesn't hesitate to call on The Hague Convention when a foreign parent leaves with a child from an international marriage here. I know about this from the horse's mouth, no hearsay involved. Talk about absolute hypocrisy!

0 ( +2 / -2 )

The fact that both Japan and the US gave the father custody raises red flags about the mother and her abilities ot raise a child.

It raises questions. But I am not going to side with either court on that automatically. I need to hear the actual reasons. I have seen too much silly garbage come out of courts on issues like this, courts I will point out that are mostly controlled by men. And I say that as a man. A man will fault a mother for not obeying the law, and not think twice about unfair the law she broke is to her and her children.

For example, as far as I know the only family the mother has is in Japan. So when the husband hands her divorce papers, who can she turn to for babysitting and money? No one. If the man is the breadwinner and refuses to help, what can she do? Starve with the kids while the courts take months to sort it? The law expects her to stick it out in America. But we all know the courts are too slow to get it together and even when they do,they got no teeth to actually do anything. I know because my mom got her child support checks once in a blue moon, and not nearly what was required. We survived because my mother worked and my grandparents were there. I consider myself lucky that my father never fought for custody!

So basically what you got is that father has all the cards and says "I divorce you and I take the kid. Goodbye." That because she has no support in America, because her only safety net has just divorced her. It may not be true in this particular case, but most cases are like that.

0 ( +1 / -1 )

Or how many foreigners are granted permanent residency in Japan without being married. Japanese law states 10 years but it only applies to foreigners teaching English or music at a Japanese university

Not true. You do not have to be a teacher at a University at all.

4 ( +4 / -0 )

Real Japan, no the statistics only point that for the year 2010 more Japanese men married foreign women, by that fact alone you can not make the assumption that the information is the same every year. Also one has to take into consideration as well what nationalities are involved too. There are huge cultural differences between an Asian and American/Western woman that can not be dismissed by sex alone.

Emiko was married to an American which speeds up the process for gaining a green card in the US. The same thing happens here in Japan as well, and logically that makes sense as well.

0 ( +0 / -0 )

@tmarie, japangal, and yubaru untrue. Please provide evidence. Here is something that may help. See for yourself how things are set up. http://www.immi-moj.go.jp/english/tetuduki/zairyuu/eizyuu.html

0 ( +2 / -2 )

@Japangal. Emiko received a green card in the US (whether she received it before or after she was married we do not know.) However, she risked imprisonment to renew it.

0 ( +0 / -0 )

RJ what did I write that was untrue?

0 ( +0 / -0 )

Real, you really need to do a lot of reading up on PR and who gets it as you are making statements that are very, very far from the truth - and I called you on it when you stated 20-40 years and I will call you on it again when you state "English and music university teachers".

Bookbag, perhaps the women could get a job? The notion of a one income family is gone - though sadly, the reality here hasn't hit with many women. The fact that she came back with the child and it seems like she handed over the kid to her parents indicates she wasn't able to care for the child properly. I don't know if that is based on income, maturity, selfishness or not. If dad has the money, the time and the want, give him the kid, like the courts in both japan and the US did.

"courts I will point out that are mostly controlled by men. And I say that as a man. A man will fault a mother for not obeying the law, and not think twice about unfair the law she broke is to her and her children." This doesn't make any sense with regards to what goes on in the courts in Japan. By your account, men would get custody of kids here because the courts are run by men. However, we all know that in most cases, mothers get the child (when both parents are Japanese). Courts give the mom custody because of some half cracker theory that women are better parents then men - I would post a link but the mods just keep removing it. As Sam pointed out, a quick search would indicate that is not always the case - mothers have a higher abuse and neglect rate.

At the end of the day, this man was awarded custody. Give the man his child, charge her with international kidnapping, jail her for it and if she wants to fight custody when she gets out, go for it.

And get that child into counseling because based on what is written here, the kid needs it.

0 ( +1 / -1 )

@goinggoinggone

most courts in Japan give mom custody no questions asked....unless that mother happens to NOT be Japanese, in which case wave bye bye to the kids. >

Exactly! There are many examples of Foreign/Japanese mothers whose CUSTODY were permanently removed from them, EVEN contact was prohibited. Cases like Masako Akeo, Franchesca Miyara, Yamila Castellanos just to name a few.

Yes, WOMEN have been deprived not only of custody in cases where the FATHER was at fault, but also BANNED from ever contacting their own children again.

I know a couple of them personally. In such cases, the ABDUCTOR happened to the Male, unfortunately.

That said, I am, as a Japanese citizen, against the Japanese courts and Stone-age/Archaic SHAMELESS legal system in Japan. The best parent is BOTH PARENTS. After Divorce, Children have the right to keep contact. Unless 100% court-proven Child-Abuse was present, there is ZERO reason to deprive non-custodian parents to access their kids. It's CRIMINAL what Japan is doing against Children. It's CRIMINAL!!!!! period.

4 ( +7 / -3 )

@Bookbag. But wouldn't the same be true of any foreign woman married to Japanese and living here in Japan? She'd be at the mercy of the Japanese family and court system here. If you married someone who was mature about the whole seperation/ divorce situation and the inlaws are supportive, fair enough but that's best case scenario. So if my hubby went for divorce and left me, didn't pay any alimony for the children's keep, I basically would be stuck here, with no family support. Women all over the world, men too for that fact are left to fight for their kids on their own. They go out and get jobs. Why should Japanese women be treated any differently? Not all but quite a few Japanese mothers from my kids's school won't go out and get a job nonsupport their family's lifestyle even though the kids are all schoolage.

1 ( +2 / -1 )

cleo: "The courts too, by holding the mother in jail to force the child's return to the US, are depriving the girl of her mother. Another black mark."

I agree that more information would help, but did the woman not break US law? If so, why should she not be kept in jail? Maybe I need to read the article again, but I don't recall it saying she was being kept in jail until the daughter is returned, it stated that she was caught in Hawaii while trying to renew her visa (oh how horrible like in the US must be, then!) and was extradited to the state in which she interfered with custody (thus breaking the law). She has also interfered with the custody verdict of the Japanese court, though she filed for appeal (or so a commenter indicated).

I also agree, and have stated (as have others) that it's a shame the child is the one ultimately suffering (or likely, any way) the most and being tossed around like a possession. THAT is one of the reasons why the mother should not have kidnapped her in the first place and then also ignored the Japanese verdict. Now the poor girl is unlikely to meet her mother at any time in the near future, either while she remains in jail or when the girl is returned and the mother deported and visa denied.

The 'best' outcome I can see for this is that, if the girl is returned, the US allows the mother to return to the US on a regular visitors visa and the courts and father allow her visits with the girl (might have to be supervised, now).

As to the topic of groups that assist Japanese in fleeing with their children, it should be investigated and needless to say such groups shut down and members arrested.

3 ( +5 / -2 )

the statistics only point that for the year 2010 more Japanese men married foreign women, by that fact alone you can not make the assumption that the information is the same every year.

The statistics show that the numbers are similar every year, and more mixed marriages are J-man/non-J woman than J-woman/non-J-man by a factor of roughly 3 or 4. But it seems that some people are just convinced otherwise and can't be bothered to check for themselves. http://ja.wikipedia.org/wiki/%E5%9B%BD%E9%9A%9B%E7%B5%90%E5%A9%9A

If dad has the money, the time and the want, give him the kid

I have had it pointed out to me in the past that the reason fathers in Japan are much less likely to be given custody is the view that, with long working hours and compulsory overtime, men simply do not have the time to look after kids. Things may be changing as more women go out to work, but old attitudes still prevail.

1 ( +1 / -0 )

Back on topic please.

0 ( +0 / -0 )

cleo Your link does not work...

0 ( +0 / -0 )

Back on topic please. This discussion is not about permanent residency.

0 ( +0 / -0 )

What happens if the girl does not want to go to the states?

0 ( +0 / -0 )

I don't recall it saying she was being kept in jail until the daughter is returned

Sorry smitty, it was mentioned in the wisn article I gave a link to higher up the thread, not the JT article - A Milwaukee judge has ruled Monday that Garcia's Japanese ex-wife will remain jailed in Wisconsin until their daughter is returned to him from Japan

1 ( +1 / -0 )

Lesson here: Don't marry an American/ Don't marry a Japanese..

-5 ( +1 / -6 )

Sorry, it seems JT garbles the kanji. I wonder if it will work if I type it in instead of copy-pasting - http://ja.wikipedia.org/wiki/国際結婚

0 ( +0 / -0 )

What happens if the girl does not want to go to the states?

According the the grandparents, she doesn't. The father is apparently going to get her psychiatrists and cook her Japanese food.

-1 ( +0 / -1 )

cleo: Thanks I meant the other url that you have posted. http://www.wisn.com/r/29836839/detail.htm cheers

0 ( +0 / -0 )

Real Japan, no the statistics only point that for the year 2010 more Japanese men married foreign women, by that fact alone you can not make the assumption that the information is the same every year.

Actually it is true. I have data going back to the 70s kindly supplied to me by a Tokyo University sociologist for a project I was working on. Sorry - I cant provide a link because it is a spreadsheet, but in a nutshell, the number of international marriages have risen over the years, and the proportions of J man Asian woman, J man western woman, J woman western man, J woman Asian man have not varied vastly over the years.

The biggest number of international marriages by far are still J men and Asian women. I believe there is a particular trend for this in countryside areas of Japan.

I have to agree though with the people saying that we dont know all the details. It IS unusual even in America for courts to give sole custody to the father, and pretty much unheard of in Japan for a foreign father. So there is obviously a lot more to the mother than we understand.

gyouza - I see your point and I agree with you that the mothers side has not been heard and we should not leap to quick judgements. However - reading between the lines as I mentioned above, plus the fact that her parents are raising the child, not her, plus she went to Hawaii to renew her residency, plus the evidence of a father who will spend that much money and time trying to see his daughter suggests to me that he is not a deadbeat dad, any more than she is a good mother.

No-one can possibly say Japan or America is a better place for raising children, it entirely depends on individual circumstances. And I just particularly wanted to say to Hoserfella and Disillusioned i am SO sorry for your little ones suffering bullying at school. My half-Japanese daughter and son are now a 2nd grader and nen-chu - and they are both treated like superheroes in their classes because of their "half-ness". All my worries of bullying have (so far) come to nothing. I sincerely hope that your kids manage to rise above it all. The ONE time my daughter was called a "gaijin" and told she had a "funny" face she said "I know! Im SO lucky arent I?!" and then when a boy called her "stupid" her teacher (who was there at the time) said "she speaks two languages fluently so how can she be stupid?" - they never bothered her again. Hope this helps!

2 ( +2 / -0 )

That /r/ shouldn't be in there....Does it work now?

http://www.wisn.com/news/29836839/detail.html

0 ( +0 / -0 )

@Yubara - you stated "Emiko was married to an American which speeds up the process for gaining a green card in the US. The same thing happens here in Japan as well." True Japan gives Green Cards to foreigners who are married with Japanese 5-years or longer. However, seems to be quicker when it comes to marriage. Based on Japanese law if you are not married it should take 10-years to get a Green Card in Japan. However, the system is set up whereby the Japanese government forces foreigners to marry Japanese or work in a Japanese university to get a green card. Said this earlier in a previous link. Most foreigners leave Japan since it takes to 20 to 40 years without being married and they see no light at the end of the tunnel. Sad really.

-2 ( +0 / -2 )

Seems to be quicker when it comes to marriage in the US (correction).

0 ( +0 / -0 )

Thanks Cleo. It's working now. I feel bad for all the parties involved. Child either loses a mother or a father...

1 ( +1 / -0 )

@RealJapa......So what I wrote is correct, thank you!

0 ( +0 / -0 )

Two things: 1) I can't sympathize with the mother for going to the U.S to get her Greencard renewed. What was she thinking? 2) Fathers interview freaked me out. He does not look like a normal dude. Maybe I am biased but pedo came to my mind.

-1 ( +0 / -1 )

Bookbag, perhaps the women could get a job? The notion of a one income family is gone - though sadly, the reality here hasn't hit with many women.

You are mixing general trends and individual realities willy-nilly. If the deal of the marriage was that she was to be a housewife and mother, to now expect her to find a job in an adopted country that actually pays enough, and find it fast enough and meanwhile also expect her to turn her kid over to a babysitter, which costs money, or to the father, who just demanded a divorce, or his family, well, its all a bit much. May as well throw a fish out of water and demand it learn to breathe air.

Admittedly, as I don't have details, I cannot say its as clear as the Savoie case. After all, she has been living in the U.S. for a while and her daughter was born and raised there for the most part. So its more complicated and I have fewer details. I present possiblities but I can't decide.

The fact that she came back with the child and it seems like she handed over the kid to her parents indicates she wasn't able to care for the child properly.

Exactly. She found herself alone and probably also jobless, and turned her kids over to someone she felt she could trust. If she could not take care of the kid it was because her husband divorced her.

By your account, men would get custody of kids here because the courts are run by men.

I do not think so simplistically. The courts are ruled by men, which is to say the decisions reflect the thought processes of typical men. Men have a nasty tendency to put rather arbitrary rules ahead of good sense and reality, and generate rules that don't account for details men are not familiar with, ie women's issues.

Courts give the mom custody because of some half cracker theory that women are better parents then men -

You are confused about which is the half-cracker theory. The idea that men in general are just as good at sole parenting as women is the new idea and its based mostly on feel good notions of gender sameness you have to be totally blind to believe. The genders are not the same, and most times the mother is the better single parent. The courts need to account for the few times the father is the better single parent, if they can. But better to err on the side of women than go for the fantasy that men in general are just as good as women in child rearing. They aren't. Scan the crime section for child abuse stories. Most belligerents are men.

-1 ( +0 / -1 )

What's all this talk of a Japanese green card? I've had PR for a quarter of a century or so, no hassle, never seen anything resembling a card that is green in colour.....

3 ( +3 / -0 )

I agree that more information would help, but did the woman not break US law? If so, why should she not be kept in jail?

Because the law is an ass and the girl needs her mother more than this law needs to be obeyed?

The court now find themselves in the position of kidnapper demanding a ransom. Its true. And its not remotely worth it. I could easily argue that if the father truly loved the daughter, he would just drop it, especially given this talk of needing a psychaiatrist to undo the brainwashing. Would the anguish be worth it to enjoy sole custody? Not for my child, I can you that right now.

And if the child meant so much to me to have sole custody? I would have endured the marriage rather than opt for divorce.

-1 ( +0 / -1 )

@cleo - I was wondering how many Japanese man -> foreign women marriages are a result of "legalising" workers in the oldest profession in the business. I know it is rife, just not how big, or if it would skew the numbers. There is likely a lot of turnover as the wives lose their sine so to speak. Not a pleasant subject though. Reason for bringing it up is that I feel there are more "real" Japanese woman -> foreign man marriages around.

1 ( +1 / -0 )

While Japan takes a lot of flak, it bothers me that most seem to think the American and international standards are so so much better. If American and international ideas are better, its by a thin margin that comes at great cost. If you just automatically favor the mother, some bad mothers will get custody, yes. But the legal battle will be brief. If you try to determine who is better, the mother or the father, most of the time you will be going with the mother anyway, and still make some bad decisions, but the amount of time, money and heartache you go through will skyrocket.

Some of you seem to think its an easy and clear choice. I think its a Gordian Knot. And I think the main beneficiary of Japan signing up for the conventions of parental abduction will be divorce attorneys, not kids.

1 ( +1 / -0 )

Cleo, with regards to time, the guy is in the US and there are many single dads who have the time to look after the kid - and there are many single moms who work. This whole "dad doesn't have the time" is BS - and I think also changing in Japan as well.

Real, you keep blabbering on about 20-40 years but that isn't the case. Do you research.

Bookbag, "general trends"? Sorry but with prices rising, no job security it isn't "willy nilly" but a fact of life that many Japanese women are going to have to come to gripes with. Like it or not, Japan can't continue to have the lifestyle they feel they are entitled to with one spouse working.

"If it was the deal"? Well, we don't know that as it wasn't written here. We also don't know if she pulled the old "I am not traditional, I will work" and then doesn't like some of the women I know - usually to men in very unhappy marriages who feel cheated because the wife isn't upholding their "deal".

If she can't afford to keep a child, why should she get custody? Where will she get the money to support her and the child? This is exactly why I tell my female students to get used to the idea of working for life when they make comments about not working once married. Women need to learn to look after themselves for cases like this - which will become more common as the divorce rate here increases.

Yes, the husband divorced her. We don't know why. Do you think divorcing a wife should mean that a man isn't allowed to have contact with his child? Using this "she was in a different country" line doesn't really work on JT. There are plenty of foreign mothers on here who work their butts off. I highly doubt (I would hope) that none of these women who claim that they stole their kid once divorced because well, they were in a different country with little or no support. If anything, the US would offer foreigner much more support than the women here get.

Indeed, babysitters cost money. Kids cost money. If you can't afford one, don't have one and certainly don't steal one you can't afford.

I will also not agree with you that females make better single parents. Based on the economics of it all, men make more which would men more financial support. If single moms were so good at their job, can you explain to me why there is a cycle of poverty amongst kids who were raised by single moms? They also have a high crime rate, drug rate use...

Ideally, both parents, married or not, should be involved in raising a child. Sadly, that logic isn't very popular here which is why you have fathers, as it is mainly fathers, who have no contact with their kids. Mom isn't mature enough not to use Jr in a bitter game of revenge. Sad and pathetic as the one that loses out if the kid.

0 ( +1 / -1 )

Oh and if mom can afford a trip to Hawaii for her green card renewal... she's got no excuse for dumping her kid with her parents. Selfish cow.

6 ( +6 / -0 )

Gyouza, you would still be wrong. Marriage of convenience as a cover for prostitution isnt necessary. "Entertainer" visas and illegally overstaying toursit visas can do the job just as well.

Now, as for the topic at hand... the girl needs to be returned to her father, the legal guardian as recognized by courts in two countries. How she enjoys her childhood and adjusts doesn't really depend on WHERE she lives, it depends on HOW she lives. If she has a loving parent/s and supportive family, then she will be just fine. Of course there will be a period of adjustment, but children are not delicate little hothouse flowers. They are flexible. She has already witnessed the trauma of her parents' divorce, compared to that the choice of residence is nothing.

Until Japan gets with the 21st century and joins the world in putting the interests of children first, this kind of thing is going to happen again and again. The girl needs to be with the stable parent, the one who has proven capable of raising her, and the one willing to provide her with stability. In this case, her father.

2 ( +2 / -0 )

tmarie, I was talking specifically about fathers in Japan. Sorry if that wasn't clear.

she's got no excuse for dumping her kid with her parents

Who says she 'dumped' the kids with her parents, or that she can't afford to look after the child? She left the child with people who love her, while she needed to be out of the country for (what she presumably imagined would be) a short time. I can't imagine why she would want to renew her American green card, but I see no suggestion anywhere that she can't/couldn't afford to keep the child. I can see why she wouldn't want to take the child with her to Hawaii. If the girl goes to her father, he's Nicaraguan, I imagine his family are in Nicaragua so while he's working the child will be 'dumped' with paid child-minders. I don't see how that's a plus for the child.

gyouza, I think your supposition borders on the insulting. Fact is, many more foreign women marry Japanese men in 'real' marriages than vice versa, regardless of what you 'feel'. Looking around me just at the people I know personally - all people in 'real' marriages - I can think of only a handful of J-wife/foreign husband couples. The vast majority are J-husband/foreign wife. This whole idea that Japanese girls all want a foreign husband is nothing more than Charisma Man-style wishful thinking.

3 ( +3 / -0 )

@RealJapan

@Yubara - you stated "Emiko was married to an American which speeds up the process for gaining a green card in the US. The same thing happens here in Japan as well." True Japan gives Green Cards to foreigners who are married with Japanese 5-years or longer. However, seems to be quicker when it comes to marriage. Based on Japanese law if you are not married it should take 10-years to get a Green Card in Japan. However, the system is set up whereby the Japanese government forces foreigners to marry Japanese or work in a Japanese university to get a green card. Said this earlier in a previous link. Most foreigners leave Japan since it takes to 20 to 40 years without being married and they see no light at the end of the tunnel. Sad really.

You are wrong again it seems....There have been plenty of cases where the Foreign Spouse is granted the PR visa after 3 years of Marriage. Specially Foreign women with children. (^_^)

1 ( +3 / -2 )

Like it or not, Japan can't continue to have the lifestyle they feel they are entitled to with one spouse working.

As far as I know, its still typical here.

Well, we don't know that as it wasn't written here.

Just as I have been saying. There is too much we don't know.

If she can't afford to keep a child, why should she get custody? Where will she get the money to support her and the child?

But apparently she can do all that by moving to her native country and access her support network: her family. I will also wager it will be easier for her to get a job here in Japan. I question the fairness of pinning her to America where she may well have no leg to stand on. Did the courts take into account how easily she could set up a new life in Japan?

Its one big conundrum that I resolve by simply saying that the child should decide. Barring that, the mother should have 60 percent custody automatic. In a divorce, the mother should make the decision where the kids live unless she is proven unfit and the father gets sole custody. But if you pin a person to an adopted country you make their position weak. And if you use that as a basis to deny custody, its not fair.

I will also not agree with you that females make better single parents. Based on the economics of it all, men make more which would men more financial support.

Which is why there is child support. But history proves it is not often enough actually paid. So I guess your solution is to just give the father custody since he has the money? Well, parenting is not only about money. Not remotely.

can you explain to me why there is a cycle of poverty amongst kids who were raised by single moms? They also have a high crime rate, drug rate use...

First prove to me that parents raised by single dads fair better.

-1 ( +0 / -1 )

Roughly 25 years ago the US changed the requirements for PR or Green Card status BECAUSE of so called marriages of convenience. Guys were getting paid big bucks to marry a foreign woman, many times from Asian countries, get them into the US, get their green card, then get divorced, and the girls went off to work. Previously there was no need to renew a green card, but now I believe have to be renewed every 10 years.

While Japan does not require a foreigner to renew their PR status, PR status holders currently have to have their residents card renewed every 10 years or so iirc, so basically it's the same thing I believe.

0 ( +0 / -0 )

Cleo, taken from the article "The Journal Sentinel said U.S.-born Karina lives with her maternal grandparents in Japan." Lives with is not the same as staying with. Perhaps this is not the case but I have read far too many cases where j folks steal kid back (mom or dad), leave kid at their parents' and work in a city while visiting on weekends. I hope this isn't the case but regardless, the child needs to be returned to her father.

2 ( +2 / -0 )

Cleo: so while he's working the child will be 'dumped' with paid child-minders

So you are saying that this makes it right. And what about those single mothers that have to work to support the kids? They are BAD because they dump their kids with paid child minders?? What century are you coming from?

0 ( +1 / -1 )

@bookbag. If the child was born and raised in the USA then the mother caused 'anguish' by uprooting the girl from everything she knows and bringing her over to Japan. We don't know why they got divorced. It could have been both parties fault. Unfortunately, divorce happens all over the world. Doesn't mean you have the right to do a runner across the world and cut out the other parent. For all we know, she might not need her mother, she might be closer to her father! So many unanswered questions but I really don't have time for all this victim mentality. The only victim here is a little girl. You could also say that if the mother was really thinking of her daughter, SHE should have ' hung in there' and tried to make a life in America. And as for 'the idea of a marriage' well.....Life don't always work like that. I am sure a lot of mothers and fathers for that matter would love to be SAHPs or be able to spend more time with their kids. Life throws curveballs and part and parcel of being an adult is accepting that and stepping up to the plate.

0 ( +1 / -1 )

Bookbag;

Are you seriously suggesting that a 9 year old child be allowed to decide on custody arrangements?!?!? Given that they aren't even allowed to be left unattended for more than 10 minutes, your suggestion borders on the ridiculous.

This girl was already ripped from her native land (America). She needs to be returned there, to a father who loves her and is willing to get her the professional support she may need. Can her mother offer the same? I don't think so.

1 ( +1 / -0 )

Some mothers shouldn't even have become mothers in the first place!

This goes for either sex I would say, hence my ever stronger belief that "parents" should be licensed before they are allowed to procreate and anyone found to be breaking the law should have their child taken away for adoption to parents or people loving and qualified to raise them.

(After the fact licensing is also allowed for those cases of unexpected pregnancies.)

0 ( +0 / -0 )

I just look at the world closest to me, which is predominantly foreign male to Japanese female - coupled with the fact that I work in a not so nice part of town. You clearly live in a different environment (and I'm not doubting you BTW). My Japanese wife made exactly the same observation when I showed her this.

Same here, while there are probably tons of J-guys married to F-women in Japan where I live it isn't so obvious either, in fact it's the opposite by far. And ironically my wife felt the same way as well.

0 ( +0 / -0 )

@DS

Exactly, all that this woman can offer to her child is the typical: 頑張ってね~

She abducted the child FIRST, so she's in the WRONG. screw her.

1 ( +6 / -5 )

She abducted the child FIRST, so she's in the WRONG. screw her.

Here's to hoping that the abducting stops altogether, first, second, last or any at all! What I personally find interesting in this case is that the Osaka court evidently granted the father custody of the child, and based upon previous cases that alone seems to suggest, to me at least, that there is something up with this woman that gave them cause to not give custody to her. Up until now it seems, again to me at least, that Japanese courts usually grant custody to the Japanese parent, but in this case they did not.

Maybe this woman really needs to spend more time in the can to get her head straight.

0 ( +1 / -1 )

Moderators...ya'll are censoring a bit too much. Some posts you have deleted are directly related to the stories at hand.

Heated subjects like this one are what you aim for in getting people to participate here, relax and go have a beer or two.

1 ( +1 / -0 )

@tmarie, Japangal and Blue Witch I am happy to eat my words if I am incorrect. However, through various experiences throughout Japan PR is difficult for a foreigner to receive without the criteria I stated earlier. I believe statements are being made but no evidence or facts or links given. Where are the links? Emiko risked everything to get PR in America unfortunately most foreigners do not have the option in Japan. Yes, Japanese law states one thing but Japanese officials often take different actions (in the case of Emiko being told to flee to Japan). If the Japanese government can give "Ara-chan" a seal citizenship surely they can give a famous doctor in Japan a green card (PR) before he turned 88 years of age. http://tvnz.co.nz/world-news/seal-gains-japanese-citizenship-4474883

-2 ( +0 / -2 )

Many times I have more fun reading the comments than the article itself.

The daughter looks very happy with her father.

http://karina-garcia.com/wp-content/uploads/2010/05/23568_1399151342151_1333302543_31086551_1719561_n.jpg

0 ( +3 / -3 )

So you are saying that this makes it right.

No, I'm saying that this is not a clear-cut, black-and-white case, at least on the information we are given or can glean from elsewhere. It's likely the child did suffer 'anguish' when she was uprooted from her home in America and taken to Japan. But she's now lived in Japan for 4 of her 9 years and apparently says she doesn't want to go back to America. It could very well be that the father is a wonderful father and has had a very bad deal so far, but unless the mother is actually abusive (the Osaka court ruling does raise questions, but if there was abuse I'm sure it would be mentioned somewhere...) or there are other problems not mentioned in this article, I would imagine the best interests of the child at the moment would be served by leaving her where she is and getting the father generous visitation rights.

What the parents want really doesn't concern me.

a father who loves her and is willing to get her the professional support she may need. Can her mother offer the same? I don't think so.

If she stays in Japan, why would the girl need 'professional support'?

0 ( +3 / -3 )

"and agreed to return Karina Garcia to Wisconsin"

Ain't over til the fat lady sings folks. If they let the mother go back to JP to get the daughter all bets are off.

0 ( +1 / -1 )

If they let the mother go back to JP to get the daughter all bets are off.

According to the articles she is not going to be released until her daughter is reunited with her father in WI.

-1 ( +0 / -1 )

Cleo;

A child with divorced parents, who is bicultural, who is living with grandparents, and is the center of a custody battle, would probably benefit greatly from some counselling or support, don't you think? Unfortunately, Japan does not have a very good record in emotional or mental health care.

Plus, even if her father is given generous visitation, experience has shown that visitation is not enforcable in Japan. There are simply no mechanisms in place to ensure that the non-custodial parent is able to enforce the court's decisions. That is the crux of the matter. If she moves to the US, she has a chance to see both parents. If she stays in Japan, she will never see her father again.

3 ( +4 / -1 )

If she stays in Japan, why would the girl need 'professional support'?

And exactly why should she stay in Japan? Are you really sticking to your gun on this?? Two courts have ruled in the US and one in Japan and still you question? Trying to justify with "maybe there is more to the story" is a pretty desperate attempt to defend an indefensible position.

0 ( +2 / -2 )

Regarding where the girl should be raised, Japan or the U.S., keep this in mind: A few years ago, a U.S. court, having to decide between a Nicaraguan father and a Japanese mother, granted sole custody to the father, not the mother. The fact that a presumably impartial court ruled in the father's favor, instead of granting joint custody or sole custody to the mother, to me speaks volumes as to who is the better parent. He is a physician and a long-time U.S. resident who has spent hundreds of thousands of dollars on the case (info from another link) and thus can presumably take care of his daughter's material needs. He hasn't run away from the States; he's still in the same state where his daughter was born. The mother has had court problems in Japan. She broke laws; he followed them. All of this information leads me to the conclusion that the U.S. court ruling is the correct one. How could anyone say that, if the mother could get away with hiding her daughter from her father for four years, that now it's too late to do something about it? Isn't it possible that maybe her father was the better parent after all, and it is in the child's best interest at this point to place her with her father?

3 ( +4 / -1 )

@ Cleo. How long has the father been trying to get his daughter back? Does anyone know? Are you saying that because the mother has illegally 'detained' her daughter here for 4 years that that's it! All should be brushed under a very dusty rug? I appreciate this isn't just a black and white situation. I wouldn't hold my breath waiting to hear the father has visitation rights, ones which are enforced if his daughter does remain here!

2 ( +3 / -1 )

@DS

A child with divorced parents, who is bicultural, who is living with grandparents, and is the center of a custody battle, would probably benefit greatly from some counselling or support, don't you think? Unfortunately, Japan does not have a very good record in emotional or mental health care.

Plus, even if her father is given generous visitation, experience has shown that visitation is not enforcable in Japan. There are simply no mechanisms in place to ensure that the non-custodial parent is able to enforce the court's decisions. That is the crux of the matter. If she moves to the US, she has a chance to see both parents. If she stays in Japan, she will never see her father again.

BINGO!!!!!!!!!! This is the post I was waiting for...Damn it.

3 ( +9 / -6 )

I love reading my fellow poster's comments in general...like Nicky, Yubaru, Cleo, tmarie, Smithinjapan... well, almost everyone in here..lol. We all have so many things to say about this topic which is really a nightmare for many left behind parents and the children of course! Still, I feel that after everything is tried and done, the last word belongs to the little girl as to where she really wants to stay. Hopefully, without any kind of shameless brainwashing.

-1 ( +6 / -7 )

Win!

0 ( +0 / -0 )

This is great news and hopefully the Journal Sentinel is right and this will set a precedent. I love Japan, but I was floored when I read about the Savoie case.

0 ( +0 / -0 )

@tmarie, Japangal and Blue Witch I am happy to eat my words if I am incorrect.

Eat your words because you are being told by numerous people you are wrong. I know non-uni teachers who are not married who have got PR after being here 10 years. Having to wait 20-40 is rare. You clinging to one case isn't "proof" of anything. I am certainly not stating it is a cake walk here (I think 10 years is way too long) but you are wrong about your claims.

Cleo, honestly? You're siding with a mother that a) fled to Japan when she lost the custody battle b) refused to give custody even though she also lost the battle in Japan c) kidnapped her child d) left her kid with her parents e) was dumb enough to try and maintain her green card by flying to Hawaii?? Are you crazy??? She lost custody to a) a father and b) a non-Japanese father at that. Do you have any idea how rare that is? warning siren should be going off in your head.

The kid was born in the US, is probably a US citizen and was given custody to the parents who lives in the US. She probably doesn't "want to go back" to the US as evil mom has brainwashed her child - not rare here and you often see it with divorced kids even when both parents are Japanese, divorced or not. The child lawfully belongs with dad. Who lives in the US. Shame on you Cleo, I thought you had more common sense than that.

Dad has a good job, mom probably does not, dad hasn't done anything criminal, mean mommy certainly has... Case closed. Get that kid on a plane, try the women for her crimes, get the kid into counseling, Japan sign the Hague, allow mom supervised visitation rights in the US and move on.

5 ( +8 / -3 )

Personal observation, once the child gets here, given the love and attention she deserves and needs I would bet that she won't need counselling at all. Kids rebound quickly in a loving and caring environment.

How much does anyone want to bet that Dad here has no problems with having his daughter keep in touch with her Mom, given that the circumstances are in a controlled environment. I have absolutely nothing to base this on other than a hunch, but am of the opinion that Dad has no desire to keep his daughter totally isolated from her birth mother, and just wants her to be happy and safe and not a pawn.

I would like to shake this guys hand and thank him for his perseverance. The only sad part is that the parents who don't have the resources that this guy obviously has are doomed to not being able to seeing their children again.

4 ( +4 / -0 )

Sorry here as in Wisconsin.

1 ( +1 / -0 )

Thank you Japan Today for reporting this!

Not only did you heighten awareness of crime involving child abduction by Japanese citizens, but you even reported the perpetrator's name! From what I have seen so far, Japan Today is the only Japan-based English language media source that has reported her name (others are referring to her as "a 43-year old Japanese woman").

The issue of Japan acting as a safe haven for child abductors is the most important issue today for many people with family ties to Japan in the English speaking community. Ongoing coverage of this issue is crucial in the struggle to rescue hundreds, and perhaps thousands, of children who have been abducted to Japan by abductors who are actively protected by Japanese law enforcement, government, and diplomats.

2 ( +4 / -2 )

What a pity this child may not see either her mother or her father for the next decade or longer. Hope Ms Inoue gets used to jail food.

2 ( +2 / -0 )

@Pittdown Man

Japan Today is the only Japan-based English language media source that has reported her name (others are referring to her as "a 43-year old Japanese woman").

It is an article by AP :Copyright 2011 Associated Press.

1 ( +1 / -0 )

exactly why should she stay in Japan?

Because that's where she says she wants to be? (To be more correct, it's where her grandparents and her father say she wants to be.)

a presumably impartial court

lol

How long has the father been trying to get his daughter back? Does anyone know?

The article says the mother brought the girl to Japan in 2008, so that's 4 years, pushing 5.

Are you saying that because the mother has illegally 'detained' her daughter here for 4 years that that's it! All should be brushed under a very dusty rug?

No, I'm not. I'm saying that it's time people stopped playing tug-o-war, seriously considered what's best for the little girl and took her feelings into account.

the last word belongs to the little girl as to where she really wants to stay. Hopefully, without any kind of shameless brainwashing.

YES!

Cleo, honestly? You're siding with a mother.....

No, I'm not. I'm siding with the little girl.

The child lawfully belongs with dad.

Reading that sends a chill down my spine. She's not a possession.

The father has set up a website, it's very touching. http://www.karina-garcia.com/ She's a very pretty little girl, with a lovely smile.

-1 ( +4 / -5 )

She is a possession in the eyes of the court. A possession that belongs in the US. She has been made a possession by her mother who illegally stole her. Again, I can't believe you are suggesting this child stay in Japan. This child is only in Japan because her mother kidnapped her. She wouldn't even be in Japan if it wasn't for her selfish mother.

2 ( +3 / -1 )

If this was the latest step in a very well-known and impartially reported saga, I could understand some of the hysterical responses. But we know very little about this case, and the fact we haven't heard anything from the mother makes it foolish to start screaming and ranting about her. Lots of people flee jurisdictions with their children - sometimes for good reasons, sometimes for bad reasons. We would need to know why this happened in the first place before condemning the mother totally.

But the reaction to this case seems to be that because people don't like the general situation in Japan. So because some parents take their children to Japan and the other parent is then unable to get them back, this means all parents who take their children to Japan are in the wrong? Really?

I think the comment about "vulture grandparents" is completely unfounded and also illogical. Vultures like to pick at dead carcasses - is the allegation that the child is actually dead and they're feasting on her flesh like demons? Grandparents can raise their grandchildren perfectly well.

1 ( +1 / -0 )

If the person taking that kid doesn't have custody than yes, that parent taking their kid back IS in the wrong. Pretty simple from where I sit. Sorry but there is NEVER a good reason to kidnap your own child. Even with the custody issues here in Japan with them usually giving the Japanese parents custody regardless of who is the better parent, I would be outraged. If the child is being abused, you go through the court system, you don't kidnap them. No good reason for this at all. It seems to be yet another case of a Japanese women having no disregard for international law and thinking she can just flee and get away with it. Been too many cases of that.

I didn't read the comment about vulture grandparents. Indeed, I agree with you that grandparents can do a good job. However, when custody is not awarded to the grandparents but the father, the father has a legal right to raise the kid.

I think 'we' get upset at these cases but as most of us are foreigner in Japan, many with kids, it hits a little too close to home. I get upset at it as a kid of divorce. I was lucky enough to have two parents that put aside their differences and I saw both of them - even when my father lived in another country. I think every child should have that right except in cases of abuse or substance issues. Sadly, in Japan, that isn't usually the case. Add in that Japan often ignores what foreign courts have decided and plays by its own rules, yes, people are emotional, not hysterical.

1 ( +2 / -1 )

@tmarie

If the person taking that kid doesn't have custody than yes, that parent taking their kid back IS in the wrong.

I confess to be really confused by this story now and all the various threads that have been moderated out - but the article clearly states that "The mother fled to her native Japan with the girl in 2008, shortly after her husband, Moises Garcia, filed for divorce."

Point being, there was no court order at the time of filing for divorce (or would be odd to say the least), so the mother returning home to her home country with her child actually seems like a very natural act, doesn't it?

0 ( +1 / -1 )

Justice is done!

0 ( +0 / -0 )

The father was a NATIVE of Nicaragua, but is now a U.S. citizen. The daughter would not be taken back to Nicaragua. The mother is a NATIVE of Japan, but is a Permanent Resident of the U.S. (though she's probably going to get that revoked now that she is guilty of kidnapping). The daughter is a U.S. citizen based on her place of birth.

Why the mother was STILL a Permanent Resident after at least six years of marriage and raising a child, I can't figure out. When the father filed for divorce in 2008, the wife presumably still didn't want to become a U.S. citizen (which is perfectly within her rights), committed a crime which would normally void her Permanent Resident status, yet still wanted to maintain her Permanent Resident status with the country she fled? There's something not right with that woman and that's probably why the divorce papers were filed in the first place.

0 ( +0 / -0 )

Well she has spent 7 months in jail. While it is a good thing it means other mothers will learn and not visit the USA to renew their green cards. Thus if she had stayed in Japan, she would never have ended up in jail. The only reason he will get his daughter back is because the mother is being held hostage. I suspect these people will be in the news again.

-1 ( +1 / -2 )

Because that's where she says she wants to be?

Anyway, that's not a criteria. Kids tend to say they prefer staying where they are, in the town they know, with their school friends, but when they actually move and change school, they like the new place. Even children abused by parents tend to say they want to keep living with them. Karina has been abused by her mother and by her maternal grand-parents. Cutting her from contact with her father is abuse, repetitive abuse. The 3 should never ever have her custody, only visitation in presence of the father (or guardian if he became unable) and maybe a policeman or jail staff.

-2 ( +0 / -2 )

But we know very little about this case, and the fact we haven't heard anything from the mother

Courts in 2 countries have heard from her and they have checked if what she said was true. They both gave custody to the other parent. You think she should flee both country with the kid now ?

But the reaction to this case seems to be that because people don't like the general situation in Japan. So because some parents take their children to Japan and the other parent is then unable to get them back, this means all parents who take their children to Japan are in the wrong? Really?

I couldn't care less about Japan. It's just a place for me like anywhere else. There are women that did like this Ms Inoue in many other countries. Like that Russian woman living in France, divorcing her French husband and taking the toddler away, hiding in other countries. I think the same about all of them. They are wrong.

-1 ( +1 / -2 )

The daughter would not be taken back to Nicaragua.

And what if he went to live there ? The problem is not a parent or both relocates to another country after a divorce. It's that they don't arrange to let the kid get a permanent contact with both and refuse to arrange regular visit to/from the parent not living with the child.

-1 ( +0 / -1 )

I don't understand why she traveled to the US to apply for a renewal? Could she have tried the US Embassy inside Japan for application? I can only assume that we would say no without her getting arrested. Just a thought.

1 ( +1 / -0 )

The thing is he can be still arrested for traveling to Japan for violating the court order in Japan. The problem is is not an international method for settling child custody. That dude needs to be careful which countries he visits. One might arrest him for kidnapping and ship him to Japan.

-1 ( +1 / -2 )

Yuri, I don't think this is the same guy you're thinking of. I think the one you're thinking of is Christopher Savoie.

As for Moises' situation, let's let him tell it himself as related in his letter to the Senate Foreign Relation Subcommittee on East Asian and Pacific Affairs:

(Citation: Letter presented to the subcommittee on April15 2010 http://www.gpo.gov/fdsys/pkg/CHRG-111shrg62791/html/CHRG-111shrg62791.htm)

marriage background

I met my wife during my studies at the University of Oslo in 1998. She was working for Scandinavian Airlines and studying Norwegian, while I was taking a course on ``International Health System Development.'' Our relationship continued after I got a scholarship to study Gastroenterology in Japan from 1998-2001. Later, I returned to work as physician in 2001 in Milwaukee. During a vacation trip in Japan on December 2001, Emiko got pregnant. We married at the Milwaukee Court House in February 2002, and Karina was born in August. Our marital problems started after the baby was born when Emiko became very depressed. She went without treatment for many years and later in spite of psychological therapy things didn't improve. She filed for divorce in 2006, and temporary orders were in placed that included prohibition for my daughter Karina for traveling outside of U.S., and prohibition to obtain a passport either Japanese or Nicaragua for the risk of abduction. At that time, I was granted generous visitation with my daughter. In July 2006, we started a process of reconciliation initiated by Emiko and finally we closed this divorce action in December 2006. However, things went wrong again as soon as the divorce action was closed. In February 2008, I decided to file divorce and honestly notified Emiko. Because of the risk of abduction, I had been granted an ex-parte order of sole custody. A few days later, Emiko and Karina disappeared from my home, and later I find out that she had taken our daughter to Japan with a Japanese passport that apparently was illegally obtained. However, the local police didn't intervene properly and Amber Alert was not activated in spite of my insistence. The divorce action continued and the ex-parte orders became temporary orders. Emiko hired a U.S. attorney to represent her in U.S. to try to get property division and child support. However, she was ordered to return to the original jurisdiction with the child. At the end, she tried to delay the divorce trial by firing her own lawyer, however, the court proceeded with the final trial on June 2009, where I was granted sole custody and physical placement for my daughter and Emiko was ordered to return to U.S. She was also found in contempt and she is ordered to pay 500 USD daily for every day my daughter is out of country.

1 ( +2 / -1 )

She needed to have gone to court in Japan and divorced him first. My thing is which country should have the right to decide which parent should have custody? Once she gets out of jail she should return to Japan. Oh that letter is false and not true. He lured her to America to divorce and get the kids from a biased court.

0 ( +3 / -3 )

@ Fadamor: Thanks for the post of Mr. Garcia's letter. It's always nice to get more information.

I continue to be incredulous (it seems to be a permanent condition these days) regarding the number of conspiracy theorists that lurk in the Web. To say the letter is "false and not true", well ... apart from being a statement from the Department of Redundancy Department, I would like to know exactly how it is anyone on this thread would personally know that to be the situation. The statement accords with everything else we know about the case. If you've never met these people and don't know anything personal about them, how can you sit in judgment of his words? Personally, I think you would be extraordinarily grateful if the situation had happened to you and complete strangers had the decency to refrain from tossing around judgments like hand grenades, particularly in a family matter.

And speaking of judgements, I am baffled why someone would automatically assume a U.S. court would be unfairly biased against Ms. Inoue. If one of the parents had been a native-born American citizen, I might agree with your suspicions, but in this case it was a native-born Nicaraguan (now U.S. citizen) and a Japanese national (with a U.S. green card). Unless the judge was a big Dennis Martinez fan, I can't understand why someone would automatically assume the court made an unfair ruling in favor of Mr. Garcia. It seems to me the court did its best to be fair, ruling that the child could not receive either a Nicaraguan or Japanese passport, and granting sole custody to the parent who a) had less incentive to leave the child's birth country and b) had demonstrated the ability to support the child. Family court is undoubtedly the hardest judicial job -- at least when a judge has to decide the fate of a sicko, he can feel he is rendering justice -- and I think the court did its best under the circumstances. And Ms. Inoue's response was essentially, "Stuff it. I don't like your ruling." Unless Ms. Inoue can demonstrate a thoroughly compelling reason as to why she bailed and abducted her child against the wishes of her ex-husband and the court, I think it is safe to assume she has behaved very, very badly in this matter, and that the court's original ruling -- that the child should be in the custody of her father -- should be respected.

1 ( +1 / -0 )

Yuri, you fail to realize that he won custody of his daughter in Osaka as well. No bias there huh? Something is wrong with this woman and from the information that is coming out my belief that she is the wrong person to be raising this child, with no exceptions.

3 ( +3 / -0 )

the world would be a lot saver without them

You should be thanking them, without them you'd be speaking Russian Comrade. Or maybe Chinese.

-1 ( +0 / -1 )

She needed to have gone to court in Japan and divorced him first. My thing is which country should have the right to decide which parent should have custody? Once she gets out of jail she should return to Japan. Oh that letter is false and not true. He lured her to America to divorce and get the kids from a biased court.

I think it is more about how the children feel. I don't think he lured her, but it just seems strange that if the shoe were on the other foot. Then you probably would say, he deserves to sit in jail and do his time. The kids are always the ones that get a short end of the deal because usually, they want to be with both parents, but this should be a wake up call to Japan to thinking, Japan is a safe haven country and there is no way of getting caught or having to serve jail time or violating a international court order. The law should be fair for both sides.

0 ( +0 / -0 )

Of course the child wants to stay in Japan - she has had 4 years for the grandparents and mother to do a massive number on her, telling her how evil daddy is, and how dangerous the US is. She probably barely remembers her father now. These people should not be allowed to get away with it.

No, I dont know all the facts - but the courts in osaka AND the US do - and they have very unusually both ruled in favour of the father - they wouldnt have done that especially in Osaka if there was even the slightest good reason to leave the child with the Mother. We all know that from previous precedents.

0 ( +4 / -4 )

Nice post Nicky. Osaka's Bar Association has always been more international than Tokyo where the racist conservatives are.

-1 ( +2 / -3 )

A few observations after reading quickly through the posts here...

American Citizen = Does NOT have to be born in the USA...they only need to have one parent that is a certified American Citizen, which automatically makes that person a NATURAL Born American Citizen...or one can be a Naturalized American Citizen....in either case, they are AMERICAN CITIZENS with ALL the rights offered and available to all American Citizens and they can vote in any US Election...BUT only NATURAL born US Citizens are able to take the office of some positions, like President...that crap about, "was Obama born in Hawaii, irrelevant since his mother was an American Citizen, so by birth Obama is a NATURAL born US Citizen...and able to hold that office...it doesn't matter if he was born on the Moon...

So back to case in point...I don't know if the Father, Garcia is an American Citizen or not but that does not matter and it also does not matter, if the child is an American Citizen...as long as she and the Father were legally residing in the USA...which I would have to assume that they are since, he filed for divorce in Wisconsin which means that he has to have a US Social Security Card...and so, under the rights of legal residents, the "abduction" took place from US Soil so Japan has absolutely NOTHING to do with this case...other than to return the child back to US Soil...oh that's right, Japan again has opted to worm their way out of that one by not having any agreements with the USA, for extradition...how convenient!!!...but they want all their citizens returned from North Korea???..."eat crap and die"!!!...

The last point, and I know I am going to be thrown under the bus for this but I don't really care...but "EngRish Teachers " should NEVER be granted Permanent Residency Visas...they should have the same working visa like all other Gaijins are offered...UNLESS, they are married to a JN or can proof Japanese 1/4 Blood LIne or more...and that 10 year waiting period is totally insane...I waited 40 years for mine and can remember the bottles of Johnny Walker and $100 bills under the table at immigration to get the three year extensions forever...if it were up to me, EngRish Teacher trash...would only get Semester Visas and ONLY with documented proof that all of their students were pulling 75% or better in their classed...hey they do that for foreign students...so the EngRish teachers should fall under the same requirements...hey, at least I didn't say "Canadian EngRish Teachers"...that's another story...ok, I'm ready now for the "bashing"...just watch the face though...lmao...

-2 ( +0 / -2 )

Second time that I am aware of that a Japanese has screwed themselves by entering US territory.Sad for everybody!

0 ( +1 / -1 )

Point being, there was no court order at the time of filing for divorce (or would be odd to say the least), so the mother returning home to her home country with her child actually seems like a very natural act, doesn't it? As far as I am concerned, both parents need to be okay with a child going abroad at that age. Dad clearly wasn't told so... she kidnapped her kid.

IHR, why??Who cares what someone's job is? If they pay their taxes, contribute to society, have live dint he area for a while, what is the problem with giving them PR? Why the axe to grind?

0 ( +2 / -2 )

Just read on the Mainichi site that the mother will return the daughter and will live in the U.S. so she can go for regular visitation. So, this ended well for all involved.

1 ( +2 / -1 )

Of course the child wants to stay in Japan - she has had 4 years for the grandparents and mother to do a massive number on her, telling her how evil daddy is, and how dangerous the US is. She probably barely remembers her father now. These people should not be allowed to get away with it.

Leaving aside the question of whether a 'massive number' has been done on the child, it would seem natural for her to want to stay in the place she considers home. She probably has very little clear memory of her life in the US. If she is moved back to America I hope all those involved handle the case with sensitivity and understanding, and that she is given all the help she needs to adjust. I don't think it's a question of allowing people to 'get away with it'.

2 ( +3 / -1 )

Not really Den, I am hoping the mother is charged and put in jail for what she's done.

Cleo, you suggested the child be allowed to stay in Japan. With that, the mom is "getting away with it". It also seems ot give the green light to other parents who think they could do the same thing and get away with it.

-1 ( +1 / -2 )

the mom is "getting away with it".

What I meant was that it isn't important if 'these people' are 'allowed to get away with it' if that's what's in the best interests of the child; conversely, the little girl's happiness should not be sacrificed simply in order to see to it that they don't 'get away with it'. 'Not allowing them to get away with it' should not be a factor in any decision made.

I don't see how having the little girl unable to see either of her parents is in her best interests. How does the girl benefit by her mother being locked up for n number of years? Not at all, as far as I can see. From the father's letter it would appear that the mother is unstable. Can't see how being locked up would help that, either, especially if US prisons are the hell-holes some posters would have us believe.

2 ( +3 / -1 )

Even if there's no brainwashing done to the child, the cultural differences of the United States and Japan could become a very big obstacle for Mr. Garcia and of course, the kid.

As cleo has stated, the child would have been 5-6 years old when she left the US. After 3 years in Japan would have a big impact on the child's upbringing, memory and lifestyle.

-1 ( +0 / -1 )

She's been in Japan since February 2008. That's going on 5 years, and she's nine years old.

2 ( +3 / -1 )

What's your point Cleo? The best thing for this kid is to be with her bad if the mom has issues - which clearly she does. Do you expect dad to quit his job and move here? Why would he? His job and life is in the US, which is where this girl's life was before her crazy mom kidnapped her. I think she would be much better off in the US with her dad. She's nine, not 14. Plenty of kids bounce around the world at that age and are fine. She's have a base for Japanese and would pick up English pretty quickly at her age. She's also be with her dad, not her grandparents or mentally unstable mom.

The only reason she's been in Japan so long is because she was taken from her dad. Cleo, I am shocked at your comments on this. If the shoe was on the other foot and this was your grandchild would you be saying the same? I doubt it, you would want your grandchild returned to the "rightful" parent regardless of country. The whole "she's been in Japan for X amount of years" really doesn't come into play. More so when she shouldn't be here, was raised before that in the US.

-1 ( +1 / -2 )

lol ;P

i still think the poor girl was in japan. japan keeps it's tradition alive ... the USA lacks SOOO much

-4 ( +0 / -4 )

To everyone who is concerned about the cultural differences and what not maybe being to much for this girl, you all really need to either have your own kids or listen to something here.

Kids adapt to new situations better and faster than many if not most adults. They usually do not have preconceived ideas and even if her Mom tried to "brainwash" her, she will be fine. She will be in a loving environment and will adapt.

Give the kid credit. It's adults that screw things up.

0 ( +1 / -1 )

tmarie, if the shoe were on the other foot and I was faced with divorce in a foreign land and the prospect of not being able to live with my infant kids, I would jump through any hoops that needed to be jumped through and break any laws that needed to be broken to keep the kids with me.

If it were my granddaughter....I don't think I would see things in terms of 'rightful' parent or 'non-rightful' parent. I think I would see it as my grandchild, the child of my daughter, and I would want her to be with her Mummy. If her Mummy was unable through illness or any other reason to care for her, then I would want and expect to care for her until her Mummy was able to step in again.

Then again, any court that ruled that either I or my daughter were not fit parents would obviously be in the wrong....

0 ( +3 / -3 )

Then again, any court that ruled that either I or my daughter were not fit parents would obviously be in the wrong....

This almost sounds as if you would do or at least advocate the same actions that the mother in this case took.

1 ( +2 / -1 )

cleo

What I meant was that it isn't important if 'these people' are 'allowed to get away with it' if that's what's in the best interests of the child; conversely, the little girl's happiness should not be sacrificed simply in order to see to it that they don't 'get away with it'. 'Not allowing them to get away with it' should not be a factor in any decision made.

I can't see how you can only consider the child. There are three people here and they all should be considered. How can you so easily dismiss the father - his pain and suffering at being separated from his daughter?

The nine year old girl may think that she doesn't want to go to the US, but she isn't really in a good position to judge. It seems likely that the mother and grandparents are influencing this decision.

Now courts in Japan and the US say that custody should go to the father and I can't believe that they would not be acting in the girls best interests.

0 ( +2 / -2 )

Cleoo, so would any good parent. However, in this case the mother did NOT do that. She selfishly stole her daughter from the only home she knew (the USA) and took her to a foreign country (Japan). The mother was thinking of herself, of revenge against the father, and not about her daughter. The mother had status in the US, she could easily have stayed there and co-parented her daughter. She chose not to.

She disrespected the court, her daughter, and the law. She lied, cheated, and was finally caught. She should NOT be allowed to profit from her immoral behavior.

The daughter won't suffer if she is returned to the land of her birth. Whether or not she WANTS to go is not relevant. That is why children get assigned parents- to make sure they do what is right, not what they want. My son WANTS to eat cake and drink Coke for breakfast, so should I let him? Of course not. His wishes aren't paramount, nor are the daughter's in this case.

1 ( +2 / -1 )

Basically in any divorce case with kids involved in the states, there are three issues for the parents to deal with: who has custody rights, visitation rights, and who gets screwed with the alimony payments.

Dentok2009

Just read on the Mainichi site that the mother will return the daughter and will live in the U.S. so she can go for regular visitation. So, this ended well for all involved.

So the father has custody rights. Next, I'm jumping a bit here, but I'm guessing the mother makes more money than the father so she has to pay alimony, but to get around alimony payments, like in California state, you only have to live near your kid. There was probably a deal made here like in most family courts. Now the visitation rights starts. Who gets the child on holidays? Birthdays? Summer vacation?

0 ( +0 / -0 )

It is to be see if Japan will allow her to leave Japan. The mother has been kidnapped by the US Government. Anyhow who will bring her to America, will the US government arrest the Grandparents upon arrival? I would not put it past them.

-2 ( +2 / -4 )

I think I would see it as my grandchild, the child of my daughter, and I would want her to be with her Mummy.

Wow, so you see the child as a possession. Interesting. Also interesting that you go on about "mummy" as if dad isn't important or able to do the job.

This man should NOT have to uproot himself, his job, his financial well being for some Japanese cow who stole her daughter. Why you can't get that through your head is beyond me. Dad was awarded custody. Legally he has a right to live wherever he wants. he lives in the US where the child was born so this whole "She'll suffer" is crap. She won't. She'll suffer more with a nutter mother who refuses to allow her father to see her.

Yuri, the US didn't not kidnap the mother. She went of her own according and was arrested for breaking the law. This mother deserve ZERO pity. The pity goes to the child and the father.

-2 ( +1 / -3 )

interesting that you go on about "mummy" as if dad isn't important or able to do the job.

You're asking me about if I were in the same situation. If it were my son's child instead of my daughter's, then I'd want the child to be with her Daddy. I don't see how this is so difficult to understand. OF COURSE both sides see themselves as more fit/deserving to raise the child, that's human nature.

this whole "She'll suffer" is crap.

It's the father who is talking about getting her psychiatric help.

3 ( +3 / -0 )

@ihrwjhs. Seems ihrwjhs has personal experience in dealing with PR in Japan. ihrwjhs had to wait "40-years". We are talking about "legal immigration" here. Cannot believe a seal "Ara-chan" & "Tama-chan" can get resident status in Japan when a legal immigrant contributing to Japanese society has to wait 40-years. I am happy to see that America allowed both Emiko and Garcia to obtain residency regardless of where they were from. I hope the daughter is able to get a bi-cultural education and upbringing to make the entire world a better place. Hopefully, Osaka in the meantime leads the forefront in making Japan a better place. Tokyo is behind the times it seems.

1 ( +1 / -0 )

The mother has decided to stay in the US so she can visit her child yet the man hasn't seen his daughter for three years because Japanese can get away with neglecting the other parent from seeing their own children. Hypocrisy. Point proven. Cleo, You should defend the individual who is right not just because they are your family.

0 ( +0 / -0 )

YuriOtani

It is to be see if Japan will allow her to leave Japan.

Of course they will.

The mother has been kidnapped by the US Government.

No she hasn't. She has been jailed for breaking the law.

Anyhow who will bring her to America, will the US government arrest the Grandparents upon arrival? I would not put it past them.

They haven't broken the law, so no the US government won't arrest the Grandparents.

RealJapan

Seems ihrwjhs has personal experience in dealing with PR in Japan. ihrwjhs had to wait "40-years".

Quite unusual. Many of my friends got PR after 10 years. And they don't work as teachers or in the university system. They just have regular jobs (in foreign companies).

0 ( +1 / -1 )

It is to be see if Japan will allow her to leave Japan. The mother has been kidnapped by the US Government. Anyhow who will bring her to America, will the US government arrest the Grandparents upon arrival? I would not put it past them.

@YuriOtani

Kidnapped?? I think you totally are misguided. She was arrested for violating a court order. Where you get kidnapping from is beyond me. As for the grandparents they have nothing to do with it. Also, the US government is not a vigilante group that goes around kidnapping people. You make it seem as if this woman is 100% innocent of any wrongdoing. This is NOT about Japan vs America. This is about right and wrong and about the well-being of the children.

3 ( +3 / -0 )

Any mother faced with the court system in the US, which has swung massively back towards favoring fathers, and losing their children, would run. I would, for sure. To rip a child away from her mother and her grandparents is not going to be in the child's best interests. If anyone is behaving as if the child is a possession to be returned it is this sorry excuse of a father.

-4 ( +1 / -5 )

These child custody cases happen all over the world, not just between Japan and the USA. For the life of me, I can not understand this Japanese woman, she marries a doctor from Nicaragaua, ok?? Then they have a fall out, so she wants to get revenge by taking away the daughter that this man most love so dearly?? But she has rocks for brains and lets the grandparents take care of this child?? She then gets arrested in Hawaii?? ALOHA!! I do feel very sorry for this amigo from Nicaragua, I hope he never makes the mistake to marry a another nut case like this woman, well not too sure if she is crazy or what but it does not sound like she is very stable when it comes to her mental condition.

1 ( +2 / -1 )

You should defend the individual who is right not just because they are your family.

If you ever (Heaven forbid) find yourself in this kind of situation, I can almost guarantee that you will be convinced that you are the individual who is right, regardless of what the courts say.

the US government is not a vigilante group that goes around kidnapping people

Er....special rendition, anyone? (OT, I know...)

0 ( +1 / -1 )

If anyone is behaving as if the child is a possession to be returned it is this sorry excuse of a father.

That's a rather rash assumption. It's the mother that's a sorry excuse in this case. That's why the US and the Japan legal systems gave custody to the father.

0 ( +1 / -1 )

Cleo, I disagree. If my child kidnapped my grandchild simply because they knew they cud get away with it and the other parent was a good parent I wud tell them that it is immoral and the legal ramifacations would be serious. I might support them emotionally but not support the illegal act. Commonsense.

3 ( +3 / -0 )

If anyone is behaving as if the child is a possession to be returned it is this sorry excuse of a father.

Yeah, Nicaraguan born, rags to riches, physician scum.

It is to be see if Japan will allow her to leave Japan

Are you suggesting house arrest for the girl and her grandparents?

In any case the local news report in the U.S. says the mother stays in jail until the grandparents return the child.

.

-2 ( +0 / -2 )

Being scum has nothing to do with him being Nicaraguan, and everything to do with him seeing the mother of his child put into prison. After such disgusting behaviour I suspect the only thing the child feels for him is fear and hatred.

I hope she waits it out in prison, they cannot keep her there indefinately on these charges and then returns home to be with her child. I hope he never sees this child again.

-3 ( +1 / -4 )

I don't think there's any reason to call the father names (unless you're calling them both names).

They made a baby out of wedlock, got married to make it legal, then found out they had problems, if the father's letter is to be believed. Two people in a situation of their own making that they want out of, only now it's not two people it's three, and both of them love the third. There is no solution that is going to satisfy all three equally; probably the more the two adults are prepared to make sacrifices, the better the situation will be. But it's never going to be idyllic.

People should think very, very hard before making babies.

2 ( +2 / -0 )

Being scum has nothing to do with him being Nicaraguan, and everything to do with him seeing the mother of his child put into prison. After such disgusting behaviour I suspect the only thing the child feels for him is fear and hatred.

The father didn't put her into prison, the US authorities did. She committed a crime and then rather foolishly went back to US soil where she was arrested.

0 ( +1 / -1 )

I was being facetious............obviously the man is not scum.....as some here have inferred.

2 ( +2 / -0 )

Quite convinced that she was aware that there were warrants out for her but CHOSE to go back and renew some visa status. How insane can you be!! Totally delusional is my prognosis. The child will be much better with the father in this particular case.

Cleo....usually the voice of reason here, shows some chinks in the emotional armour. Don't worry, nobody is perfect.

1 ( +1 / -0 )

The father didn't put her into prison, the US authorities did. She committed a crime and then rather foolishly went back to US soil where she was arrested.

And she probably thought that there would be no way she would get caught, since previously in Japan, parents that have abducted children always got away with it. I think now, the international community has had enough of these situations popping up again and again. Interpol, Europe and the States are clearly sending a strong message from now on. This will give people that are possibly contemplating on taking their children away from one parent despite and ultimately defying a court order.

2 ( +2 / -0 )

OF COURSE both sides see themselves as more fit/deserving to raise the child, that's human nature. If you ever (Heaven forbid) find yourself in this kind of situation, I can almost guarantee that you will be convinced that you are the individual who is right, regardless of what the courts say.

Actually, no. Many parents are able to sort it out themselves and go with the option that is best for the kids. My mom got custody (pretty much all mothers did back then unless there was abuse and kind of like Japan now). My father wanted us but knew with his job it wasn't the best for the kids. Therefore, he agreed to it, they made up a custody agreement and I saw my dad a few times a year even when he was out of country for work. MATURE parents do that all the time. It isn't all that usual for the parents to agree as to whom is better for the kids. Thing is, many Japanese women (and I say Japanese women because they are the ones who usually get custody) use their kids as pawns in battles. I don't know a single divorced father in Japan that has a relationship with their kids even though they are suppose to get visiting rights. Why? Because mom won't allow it and/or has brainwashed the kids into thinking dad is evil. It is pathetic. In this case, the women certainly wasn't thinking of what was best for the child. I doubt she is now. She lost custody to a GAIJIN FATHER in Japan! That should tell you a lot about her parenting abilities.

0 ( +0 / -0 )

I'd never let the mother of my child stay in jail. No matter how much I resented her - out of love for my child.

0 ( +1 / -1 )

Yasukuni: I'd never let the mother of my child stay in jail.

First, he didnt put her in and can't get her out. She is there because she violated TWO countries (including hers) court orders on custody.

Second, if you are suggesting that you would let your kid stay with an obviously unstable nut job then I would have to question your fitness for raising a kid. Leaving a child in a bad situation "out of love" is just NUTS!!

0 ( +1 / -1 )

Second, if you are suggesting that you would let your kid stay with an obviously unstable nut job then I would have to question your fitness for raising a kid. Leaving a child in a bad situation "out of love" is just NUTS!

Not only that, but even he "he" didn't want her to stay in jail, since she broke the law and violated a court order, it's automatically out of his hands, he has NO say in her incarceration, NONE! She has to follow the course of justice and that's that, it's not like he can do a "retraction" plead with the court and just get her out. My God, if we had that kind of system, we would have total anarchy. I don't feel sorry for this woman, sorry. I do though feel terribly sorry for the kids that now are probably distraught that their mother is in jail, not the kids fault that their mom is an idiot. She just thought she could beat the system, well so much for that.

0 ( +0 / -0 )

Okimike, I think he could get her out. There's a better solution to all of this.

I also don't know how much of a nut job she is. Some mothers would do anything to stay with their kids. And the child is already in a bad situation.

"... I was faced with divorce in a foreign land and the prospect of not being able to live with my infant kids, I would jump through any hoops that needed to be jumped through and break any laws that needed to be broken to keep the kids with me."

See what I mean. That behavior would seem like that of a nut job to many people, but it makes sense to a mother. When I was explaining this case to my Japanese wife, and said how the mother kidnapped her daughter, she didn't think it was possible to say a mother taking her own could be wrong in any way.

The child's welfare is paramount. I'd let my child be with the mother even if we hated each other, unless physical danger was involved.

0 ( +0 / -0 )

Instead of lawyers, these people need some other kind of intermediaries to get involved.

0 ( +0 / -0 )

@okimike. Yeah, for the sake of the child I love, I would do all I could to get her mother out of jail. Do you think this girl is okay with her mother being in jail?

0 ( +0 / -0 )

According to the paper, as part of a plea bargain deal the father is willing to drop the more serious charges against his ex-wife. The ex has expressed interest in remaining in the US and plans to seek visitation rights. Money is not really an issue in this case, both parents have plenty of money. The father (a medical doctor) knows the importance of having both parents involved in a child's life. I am pretty sure he will allow supervised visitations. I really think this girl will have no trouble adjusting to things back in Wisconsin. The child will go to a good school with many bi-racial students. I don't see bullying being a problem due to the fathers strong involvement with the child's life. If the mother doesn't continue to alienate her daughter from her father then things for this family will be good. I really feel Dr. Garcia is looking out for the best interests of his child. The child will have both parents and both cultures. If he were vindictive like his ex he would throw the book at his wife and she would be in jail or never be allowed back to America. But he extended an olive branch to his ex because it is in his daughters best interests.

0 ( +0 / -0 )

How does the mom have money? People were assuming she didn't since a) left the US and b) seemed to have the girl live with grandma and grandpa.

Shame she wasn't smart enough in the first place to stay in the US and get visitation rights. That dad is mighty nice to drop charges. I would be seeking repayment of all the money he's spend fighting this in Japan and the US. least she can do is pay for the costs.

0 ( +0 / -0 )

@Yasukuni All of this "to be with mom" drivel is making my dinner curdle. You say it like the importance or right of a mother trumps that of a father. Mothers are very special indeed and so are fathers but neither one specifically outweighs the other as to their importance to the children. Unfortuanately I see all to clearly the influence, or lack there of, of a father in the children of today. Moms tend to nuture and coddle while fathers are the disciplinarian and teachers (very generalized so please dont flame me). Both are very important for distictly different reasons but brings balance.

Divorce or splits are never the best for a kid and the parents are 100% to blame for any damage, short or long term. Ideally they remain local so that both can be involved. Unfortuanetly the cause of the split is usually nasty and regardless of what comes out is not the whole truth. The child becomes a pawn to one or both and the programing (of the child) begins. The Judge in Family Court should have the most dispationate view and award custody (primary or joint) the the one best suited for the well being of the child. Perfect world, all goes to plan.

In this SPECIFIC case the nut job mom lost in both the US AND JAPAN (which is beyond me since she is Japanese and therefor MUST be a nuttie). Anyone that thinks the mom is right on this is wrong. Our society is based on laws for the good of society. All she had to do, and is now apparently going to do, is remain in the States so that they both have access. She put HERSELF above the kid, plain and simple. If you want to let you wife take your kid half way round the world where you have little to no access to nurture and mold them into good citizens then you too are a nut job!

As a product of a divorce myself I know of what I speak. Dad disappeared at 3 not to bee seen again until I was 22. My wife also had a dad that disappeared at 4 and never showed up again. We have been married (happily) for 22 years and have 3 kids. I will always do what I feel best for the kids but will also not allow them to be removed from my life or dragged half way round the world to be completey blocked out.

-1 ( +0 / -1 )

Just read on the Mainichi site that the mother will return the daughter and will live in the U.S. so she can go for regular visitation. So, this ended well for all involved.

Except the grandparents, who are now screwed because of the mother's illegal runner. They will have a harder time seeing the daughter, because the husband would be a fool to let the daughter go to Japan.

2 ( +2 / -0 )

In the end it will be the daughters decision. When she is 18 she will be able to decide her future. What I hate is children being treated like property and given no more respect than property. My question is what she wants?

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RealJapan wrote;

@ihrwjhs. Seems ihrwjhs has personal experience in dealing with PR in Japan. ihrwjhs had to wait "40-years". We are talking about "legal immigration" here. Cannot believe a seal "Ara-chan" & "Tama-chan" can get resident status in Japan when a legal immigrant contributing to Japanese society has to wait 40-years. I am happy to see that America allowed both Emiko and Garcia to obtain residency regardless of where they were from. I hope the daughter is able to get a bi-cultural education and upbringing to make the entire world a better place. Hopefully, Osaka in the meantime leads the forefront in making Japan a better place. Tokyo is behind the times it seems.

Yeah, I probably screwed up when I filled in the Immigration paperwork for a PR visa...I should have put a AKA of "Ara-Chan" or "Tama-Chan"...and perhaps it would have only taken 39 years...lmao...

As far as the US Authorities giving Emiko and Garcia residency...it is not easy and a lot of paperwork is needed to get the proper visas...many applications are rejected and has been one of the main reasons for all of the illegals coming into the USA...there is also a law where the authorities are not allowed to ask a person for proof of citizenship or status, once they are on US Soil...unless another crime has been committed, at which time, they CAN TRY to proof residency or immigration status...but those cases are the exception and ICE has their hands tied in most cases...

I too hope that the daughter is able to enjoy life with a bi-cultural upbringing with both parents being a part of her life...that is the most important thing...

tmarie wrote; Why the axe to grind?

Like some people hate Apple Pie...I hate EngRish Teachers...nothing against you personally IF you are one...it's just a personal thing...and personally I don't think foreign EngRish Teachers are any longer needed as there are enough well educated JNs that can properly teach the English language with the benefit to the students of being able to be afforded the proper Japanese interface when and if needed...so I believe that "Teacher of English" should be reclassified by the JN Immigration to be non-qualifying for obtaining a residency visa in Japan as it is taking away jobs for an already struggling Japanese economy...

This sort of re-classification took place for the Engineering field back in the late '80s/early '90s, which directly affected me and I had to re-train and re-classify within the my field, in order to continue getting a 3 year extension, until of course I was told by an Immigration Official that he thought that I may be eligible for a PR Visa because of my blood line...which turned out to be the case and so now, I can work in any field that I want or NOT work, if I decide...which IS the case now as I am retired enjoying sites like this, just to pass the time...and annoy people like you...lol...

Happy Thanksgiving!!!...

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I am disturbed by the level of rhetoric on this issue and the assumption of the father always being the "victim". There is another level to this in that in many of these cases, this is not the whole picture. As a social worker, I have seen many of these situations wherein the mother flees to her home country due to spousal abuse. This includes abuse of the children as well. Many are in untenable situations where their husbands - due to being a native of the country they presently live in, and superior language skills - have the upper hand in legal situations wherein the wife has little ability. Please remember that it's not always a case of the mother being in the wrong. Just recently in Vancouver, Canada, there was a very similar case. The husband has been very good at presenting an image as a victim of an abduction, but in discussions with the wife before she fled, it became clear that he was physically and emotionally abusive. Just something to think about before we all pass quick judgement on the situation. Just think about this from the point of view of a person in the woman's shoes. What would you do had the situation been reversed:

http://kwbrow2.wordpress.com/2011/03/05/top-newsfeatures-business-views-cool-japan-environment-fun-spots-sports-whats-on-biz-infopress-release-children-caught-in-international/

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@anna

There is also a flip-side to that argument. I don't think that necessarily that EVERYONE thinks that the father is the victim always in these cases, however, truth be told, there are many women in Japan that think that their children are their personal possession rather than that they are individuals and that regardless of their actions right or wrong that they are entitled full rights and the father none when it comes to custody, separation or divorce. More than often women use DV as an excuse to win a divorce case, I am not saying all or that the majority of women use this claim, but to deny and say it doesn't happen or it os not possible is really living under a rock. But we live in a society that will quickly rush to judgement and condemn the man because men are seen as strong, brutish and barbaric, therefore, men are automatically prone to be violent, whereas, women are seen always as the hapless victim. Both men and women as well can try to use divorce or a child custody dispute to further a personal agenda or to punish the other out of anger, hate etc. These are ingrained perceptions that are the underlying problem of our society. I agree we shouldn't pass judgement, but remember, when it comes to men and women abuse swings both ways and it doesn't discriminate and it doesn't necessarily have to be physical. "Okimike67" summed it up best! I too, am a child of divorced parents and both of them had a deep personal vendetta towards each other, it was nasty and hostile and both tried to do anything to get us. While I love my parents dearly and would do almost anything for them, it did leave a scar on us. Even as a 5 year old, I was already smart enough to know that maybe the best thing for my parents would be to separate, then at least, we could have some peace. Hated the fighting, who suffered, we did. I just get annoyed when I hear my parents talk about how much they suffered and this is the problem that parents don't seem to understand that are going through this. The kids are ALWAYS, ALWAYS the ones that suffer the most! I know my parents love all of us so much. But now as an adult and as a father who sometimes has a wife that goes off the deep end, I try my hardest to sit down and to talk to her and to understand her and to relate to her in every way, I have my flaws, but she grew up in a stable home unlike me, so sometimes when she has a meltdown, I always try to remind her to calm down and think of the children. When I see my kids, I never try to fight in front of them, I either wait or go to the other room and try to minimize the stress level. This is what responsible parents do or should be doing. I would do anything for my kids as I know my wife would, but I would never forfeit my freedom unless it was a dire life threatening situation and for this woman it wasn't....seriously.

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@Okimike. Great post. You're right!

And good to see the end result that Nessie pointed out.

@Bassfunk. Learned a lot from what you wrote. Probably there are many people like you who make better spouses and parents through having seen things from the kids perspective.

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I probably erred on going overboard thinking about the kids. For what it's worth, I'm divorced, but to my knowledge neither my ex-wife or I have ever said anything negative about each other to the kids. And if I knew then, what I knew now, I think we could all still be together, even though the kids seem super well adjusted.

The fact that this case has ended with the rights of the father recognized and the mother living in the US and out of jail, with the child seeing both seems like a great result.

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Divorce or splits are never the best for a kid and the parents are 100% to blame for any damage, short or long term. Ideally they remain local so that both can be involved. Unfortuanetly the cause of the split is usually nasty and regardless of what comes out is not the whole truth. The child becomes a pawn to one or both and the programing (of the child) begins.

Wow! I'm going to disagree with all of that. Parents do the best they can and why assign any "blame" if the kid turns out alright. You appear to be in a good marriage and doing okay. Do you "blame" your parents for that? Sometimes divorce is the best thing that can be done for the kid - abusive relationships, drug/drink issues, constant anger in the house... Better to divorce than have a kid grow up in that kind on environment.

Many people have pretty "good" divorces and put the kid ahead of anything else so bickering and whatnot doesn't happen - mature parents and all of that. Children also aren't always the pawn. I am sorry that your case and your wife's case is different but please don't think that all divorce cases end up with a dad running out or parents fighting over the kid. Sadly, in Japan, many dads don't get to see their kids because mom won't allow it. Hence, plenty of unhappy marriages here because dad wants to see his kid.

In this case, dad went forward with the divorce, she stole her kid and thought she would get away with it. Like some selfish Japanese women, she IS using the child as a pawn, she is trying to block dad from having contact with the kid. Until this country actually grows up and people mature, the courts look the other way... this crap will continue. However, divorce doesn't have to be like this. I am thankful that may parents were mature enough to be civil to each other - and actually, are friends. It doesn't have to be messy. Put the kids first and it won't be.

ihr, have your issues but I don't think there is a need to be nasty about it all. I will also disagree with you if you think there are enough Japanese teachers who are able to teach English and do a good job of it. There are indeed some amazing j teachers out there but sadly, they aren't the norm. If they were, Japan wouldn't have so many issues with the languages they do. Some teachers here are way more qualified than their Japanese counterparts. Sorry you got screwed over by re-qualification and whatnot but why wish that on anyone else? It just comes off as bitter and petty. If you think qualified teachers are happy to have these people running around "teaching", you'd be wrong on that. Jobs conditions, salary.. has all drop due to the influx of these type of people. So, isn't that enough? If they do the time, they should get the PR.

Anna, in this case, the dad IS the victim. And I am also willing to bet that not all the cases of when a Japanese spouse cries that they are the victim of abuse, they are. Many in this country will use that against the other spouse to get custody of the kid. It is unfair and the old excuse that gets trotted out when the foreign parent goes for custody or when a women might lose custody to a local dad. Abuse isn't something to lie about but sadly, many do if they fear losing their kid. That in itself to me is a form of child abuse. The kid won't be placed with the best parents, won't have access to two parents growing up...

I think a lot of these issues would stop being issues if the locals stopped seeing divorce as cutting all the strings, kids should be with their mothers and that the ex spouse is the enemy. Japan needs to step up and start being mature about it all. The divorce issue is only to get worse and with that, there will be lots of alienated kids - usually from their father. It doesn't have to be that way.

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Anna, why even bother? The mother is always demonised in these cases, damned if she leaves and tries to protect herself and her kids, and becomes a victim of character assassination, and damned if she doesnt and stays.

You dont have children, Marie, you have no idea. It is so easy to judge when you have never been in this situation.

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Some posters believe the mother lost her case in Japan. The Kobe Family Court Itami Branch in March 2011 gave the mother parental authority (custody). The case is under appeal in Osaka High Court. Don't believe otherwise because I can prove it.

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You dont have children, Marie, you have no idea. It is so easy to judge when you have never been in this situation.

No, she doesnt. But I do, and I agree with what she is saying. I would of course move heaven and earth to protect myself and my children if we were in a situation of domestice abuse, and anyone who flees from that situation, whatever their nationality, has my full unequivocal support.

But there is no denying that some women will lie, cheat, slander, do anything to get what they want and lash out at their partner for whatever reason - without consideration for the children themselves. Sometimes just because their "dream life" has not worked out how they expected.

Agreed we dont know all the facts in this case or any other case, and every time I read about one of these situations the first thing that springs to mind is that there is always more to it than meets the eye. But if the courts here in Japan were more reasonable about enforcing visitation rights to the non-custodial parent, plus financial support, I am certain too that many of these cases could be prevented. Actually, I would go one step further and say if people started acting like mature adults and stopped treating children as possessions a lot of these cases could be prevented.

I grew up in a very unstable household (alcoholism). I admire my Mum for "doing her duty" (her words) and sticking by my dad all those years, but it was NOT a stable environment for me or my brother and personally I think we would have been far better living separately but being able to see my Dad - when he was conscious at least. But to the outside world he was a great guy, do anything for you, everyone loved him. And in many ways he was - just behind closed doors the demons took over.

I also think cases like this give a skewed view of international marriage and divorce. It is still actually the case that the vast majority of divorces within Japan are worked out without court involvement, and the parents come to a reasonable arrangement about the children. I dont know the stats for international marriage divorces, but I would bet that more are worked out amicably than get to points like the situation on this news report.

I think it is as dangerous to say "women cry DV at every opportunity" as it is to say "All men are violent". Annas case may be true - but it doesnt mean all cases are.

CrazyJoe: that was my understanding too - the court gave her custody BUT ordered her to allow the father access - is that right?

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I would add: I dont think any DV claim should ever be used in a court of law without proof, for eg doctors reports, photographs, police reports, social worker reports, etc. If it was bad enough to need to flee, it should have been previously documented. To go simply on the word of someone who is obviously not in a position to want to tell the whole truth is simply madness and has no legal basis whatsoever.

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@CrazyJoe Prove it, please.

@Yasukuni Thanks.

Kids should never have to be pawns or have to choose which parents to live with. I turned out alright, but I do have some pain still as does my siblings, something like that stays with you forever and can have a huge impact on personal and social relationships and your overall environment. Again, it's easy for people to think differently, if they have never experienced this kind of traumatic tragedy. And far too often, parents don't think about the kids and again, there are many Japanese women that think that they know what is best for the child and that is not always true, sorry. I remember when we were in the courthouse and when I was with my dad how he and his lawyer tried to persuade me to say to the judge that I want to be with my dad and when I went to the other room with my mom, her lawyer did the same thing. Do you know what that feels like??!! You can never imagine what that does to a kids mental psych! Maybe the mother "thought" to a very small degree that she was doing the right thing, but inadvertently she traumatized those kids and if you think otherwise, then you haven't got a clue! I was 4 and now I am in my 40's, so don't ever think that kids don't suffer or it is something that will eventually just go away, you are a fool to think so. This is why I take a lot of crap from my wife, because of the kids, it's all about the kids. I have pride, but screw it, I'll sacrifice my pride for the well-being of my kids. We don't have crazy fights, but the typical family squabble, but when my wife goes on a tirade and starts screaming and breaking stuff (why women have to break stuff always?) the kids tense up and I try to neutralize the situation. My kids never hear me yell in front of them when I deal with their mom. Because if I were to do that, the kids really would be messed up. If I get pissed off to the point where I can't take it. I go out, take a drive, clear my head (get some ramen on the way) all is good and try from the start. Point is, I have a typical marriage with its shortcomings and imperfections, but the main difference is that since I went through a divorce and my wife has never been through one, she cannot understand that when she blows up what that does to her kids, the fear and uncertainty in their eyes. I do and I take personal care to be very careful and cautious about my behavior and I think this is the big problem with many couples. Many women in Japan have not had to deal with "joint custody" disputes because it doesn't exist (yet) in this country. A huge difference.

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In my opinion Japan does very well for their citizens not making part of that international agreement because let's keep it real: it benefits only the U.S citizens in cases like this. A child who has parents from different countries is a citizen of both countries until he/she completes 18 years old and chooses one of the citizenships himself/herself, so it's ridiculous that they call it international abduction when a mother takes her child to her homecountry just because the U.S. law wants it to be it. My homecountry Brazil joined that treat and often we see sad stories of brazilian parents who have their children taken away by brazilian authorities to hand them to their U.S parents in the U.S. in similar cases as this and the brazilian parents never get to see their kids again, really sad and unfair.

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@Krisall

What are you talking about. Japan does POORLY, absolutely POORLY in this situation. How many cases are there. So what you are trying to say? All the claims that these women make of accusations of DV are 100% true and ALL the men are guilty. You actually believe that?! If you want to talk about who is benefiting from this, I can assure you, it is NOT the U.S. by a long shot. This case is a rarity indeed, almost never happens when it comes to custody issues dealing with Japan. This woman slipped, she was over confident and thought that she can beat the system and felt that she would never get caught. IT IS international because you are dealing with parents that are from TWO different countries. And please, don't cry me a river. Brazil is not the only country that suffers from this, as the report says, over 300+ kids in the U.S. and let's not forget the other countries from Australia, France, Germany. This has gotten to be an international deal. I have friends from each of these countries where their governments can't do a damn thing and have to see these grown men in tears, because Japan doesn't want to sign the Hague treaty? Every country is going through this, not only Brazil and the U.S.! Remember, "not all of these mothers are Saints and not all of these fathers are monsters." Again, why are you not thinking about what the kids want!!

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Coverage of this case in Japan's English and Japanese language press has been a positive step toward properly addressing the issue of child abductions into Japan.

I was just looking at the FBI websites 10 Most Wanted list for "Parental Kidnappings". Three of the 10 perpetrators on that list are Japanese. This is a huge problem, and judging by the many 200+ comments to this article, one that is extremely important to countless Japan Today readers.

Many who access Japan today are parents or relatives of children who have been kidnapped into Japan, and still many more other readers who are married to Japanese spouses live with the daily fear of their children being abducted into Japan, never to be seen again. This is a tragedy foremost for abducted children, and also for parents, grandparents and many others who lose contact with them.

I am glad that Japan Today covered this, and hope to see more stories about the many other children that have been abducted.

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It's one case. A special one.

I'd let my child be with the mother even if we hated each other, unless physical danger was involved.

Like here, no ? There is one video where you hear the mother losing her temper with the kid, well it's scary. There are videos of the mother in court, not a healthy looking woman. Her trip to Hawaii is surrealistic... She looks like she has lost some of her marbles. I think this part of the file is kept out of the media. I came back and read the father's letter and that confirms the impression. Ki no doku. She surely loves her child. But we don't want to read one more story of a depressive irrational mother killing her kid and then suiciding. There is no reason of not giving custody to the healthy young father. I hope the girl can go back to the US in the best condition possible and she can visit her grand-parents in Japan for holidays regularly. Then the mother... depends how her treatment works.

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I have proof, I hope you can read Japanese.

http://sankei.jp.msn.com/affairs/news/111027/trl11102714300004-n1.htm

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There is one video where you hear the mother losing her temper with the kid, well it's scary. There are videos of the mother in court,

Links....?

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You dont have children, Marie, you have no idea. It is so easy to judge when you have never been in this situation.

I was wondering when someone was going to bring this up. Someone always does and I will say what I always say, doesn't matter.

I am a child of divorce so you'll have to excuse me for thinking I 'have an idea' and that I 'have been in the situation' thank you very much. Have you ever thought that perhaps some of us on here have a better idea of what we would do because we saw what our parents did and either a) don't want to emotionally damage our kids like we/they were or b) want to do exactly the same because we respect how hard it must have been for our parents to put THEIR differences aside and think of us, the kids?

No kids so can't have any opinion.... please.

basefunk, well said! Same to you too Nicky!!

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Divorce custody cases are some of the worst in the legal system, any legal system. Have the courts actually thought about the wellbeing of the child? It seems that in many cases the courts, in the US at least, at so swamped that rulings awarding custody are made with an eye on clearing the rolls and moving forward and not so much on what is good for the child. Has the man actually shown that he is the best person to raise the child? Or was the ruling the result of the woman not being at the hearing and him winning by default? Perhaps they should award custody to the grandparents and let both biological parents have visisting rights.

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What gives the Americans the right to decide custody? All over the world they pretend other countries laws are to be respected but in practice do not honor them. About this case, I do not know the couple or situation. The husband filed for divorce and any statement from him I consider propaganda. Unfortunately we do not know the case, was he cheating on her? Brings to mind will the child be living with the women he dishonored his wife? All the Men on the forum see is a Japanese women got put in jail for kidnapping her Daughter to her home in Japan. The men are acting like a rooster on top of the manure pile and crowing. This is not an insult but how I see things. So what will happen when this girl returns to America? Will she be forced to speak English and be punished when she speaks Japanese? Who is going to look after her bests interests? The American child protective services are a joke.

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Yuri san I understand your feelings, but I have to disagree. A few years, I took my 2 year old son back with me to the USA and Mexico, upon landing in the USA the first thing the immigration person asked me was where was my wife and I was surprised, but tried to answer politely and said well back in Tokyo, finally relaxing since she had not had any time off from taking care of our baby boy since being pregnant and now 2 years old and then I added look if I dare come back to the USA with out my mothers FIRST GRAND CHILD forget what the US government thinks, my mother will kill me if I do not bring Kenchan, my son, to play with his Mexican American obaachan, the officer looked at me, ok, welcome to the USA! Later I started to think, why was she asking about my wife, ok ok, some people get divorced, steal the kids and try to run away etc..sorry, but in my case just went back for a friends wedding, had a great time and even to this day we joke about the time we took that big orange limousine bus to see so many pretty shiny airplanes out at Narita and asked my son do you want to see the inside of the plane?? and he YES! So we saw the pretty airplane and even from the inside for more than 13 hours and had a great time! I do wish and pray more people could just love each other, respect each other, put themselves in the other persons shoes and have a bit more mercy, compassion and treat each other as fellow human beings, then, and only then maybe people WOULD NOT GET DIVORCED and make their children also suffer as Tmarie san poited out, ganbare Tmarie san!

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What gives the Americans the right to decide custody?

Because that is where they lived when divorce proceedings began. If I was caught driving after two beers in Okinawa, do I have the right to ask, "What gives the Japanese the right to decide how much alcohol is too much?" No, I don't. If you are in a certain place, you have to respect the rules of that place.

And since the mother lost her case in Osaka court, too, should we be asking, "What gives the Japanese the right to decide custody?"

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Newsman answered your first question. Ill do the rest. Would be interested in your answer to the question "What gives the Japanese courts the right to?" though, given that they werent living in Japan and didnt file for divorce in Japan. I dont think they even got married in Japan did they?

So what will happen when this girl returns to America? She will live with her Father and see her Mother whenever she wants to. Almost certainly for more 2 hours once every 2 months and only then assuming the Father decides on a whim that she can. You see, the courts there actually ENFORCE visitation rights. If things go well and the Mother actually behaves herself this time I wouldnt mind betting they end up with "shared custody" where she stays with either parent roughly 50% of the time each. You see, as imperfect as many western laws may be WE DO ACTUALLY RECOGNISE THE IMPORTANCE OF BOTH PARENTS.

Will she be forced to speak English and be punished when she speaks Japanese? Why in the world would you think that? Because that is what happens in reverse in Japan? To most educated foreigners, bilingualism and biculturalism is a gift to be nurtured and encouraged. Wish I could say the same about the general feeling in Japan.

Who is going to look after her bests interests? The American child protective services are a joke. As opposed to the Japanese ones who hear children screaming behind closed doors but walk away because no-one answers their knock? Oh please. If the Mother and Father do as they are supposed to do and abide by the court orders, child services doesnt need to be involved at all.

Any more questions/thinly veiled bias?

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Newsman, fair enough then you would agree if they were residing in Japan, then Japan should make the ruling? Do not think this will end well, my guess is the lady will remain in jail and not be able to see her kid until she is 18. Still let this be a lesson to other Japanese ladies bring their kids back from a bad marriage in America, Whatever you do do not return to the USA.

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As Japan would be the only country to plausibly claim jurisdiction if they got divorced in Japan, it doesn't matter what I think. It's kind of like asking me whether I think the sun should come up tomorrow -- it's going to happen regardless of how I feel about it.

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Yuri, really? You need to read up on things a bit more. The child was born in the US, the divorce was filed in the US, custody was decided in the US... What gives Japan the right not to return children from divorce and ignore ALL custody laws in other countries? Japan is in the wrong when it comes to this. Japan cries about international kidnapping and then turns around and looks the other way when Japan does the same thing. You can't have it both ways and until Japan signs the Hague and follows through on it, expect Japan to be looked down by others for... kidnapping innocent kids from their parents.

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Links....?

The link you gave Cleo.

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Bass4funk: If you read my post again you'll find out I did not mention any mother being a "saint" neither state that Brazil is the only country making part of the Hague treaty. I gave an example for why I think that Japan does well for their citizens refusing to be part of that agreement in cases like this. Whether you like it or not, It is my personal opinion based on similar episodes that I have seen in Brazil and comparing them with the episodes occurred in Japan (I could have said France, Germany, Australia but I'm not from those countries so I can not speak for them) I can only compare the similar episodes between Brazil and Japan and I find it that the Japanese PARENTS (not saint mothers) end up in a better situation than the Brazilian PARENTS because they do not have their kids taken away to the U.S.

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@krisall

If you think so, you are of course entitled to have that opinion, but it is just that "an opinion" fact is Japan should be a signatory to the Hague treaty bottom-line. This not about the U.S. vs Japan! This is about right and wrong and with over 300 cases of kidnapped children that are brought here because a parent has a grudge or disliked her spouse and with impunity thinking that (especially if there was a court order ruling) they have the absolute right to defy it and do as they please. You think Japan has the right to do that, or any other country?? Yes, some kids can better off in Japan, but NOT every case and actually, we don't know, there aren't any statistics of how many kids that were taken if they are happy being in Japan and or separated from there father or not. But the best solution is to always take great consideration as to the child's well-being and emotional feeling "UNLESS the child is in emanate danger." There is no proof that you can unequivocally say without a shadow of doubt that the children would be better off in Japan as opposed to somewhere else.

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not be able to see her kid until she is 18.

I would not cry for her being cut from her daughter since she did exactly that to the other parent.

I can only compare the similar episodes between Brazil and Japan

And you're sure they are no Brazilian parents that could get their kids living in Brazil thanks to the deal ? I can understand that for the average Brazilian it can be more expensive to go visiting a kid living in the US than for the average American... but well, you have riches and poor in both countries, and at least they have the right to visit, to keep contact, etc. Then riches live where they want, they hop in a plane to spend the week-end on another continent for kid's birthday, super. And the poor has to make the difficult choice of living/struggling in the foreign country just to stay near the kids and meet them often, or going back to live in home country without financial means to travel and see the kids no more than once in a decade. Unfair. I feel for them. I have many friends that have not seen kids/parents in years simply because they can't afford to travel. Life is unfair. That's not due to the treaty.

Brazil is the only country making part of the Hague treaty.

Not at all. Japan is the one not part of it. France, my old country, has signed the agreement. There are thousands of French-American divorces. Really you can't imagine the number. There was an epidemic and everybody married an American... briefly. 99% of families find arrangements for the kid custody ... and in the 0.1% of those that abduct the kids to get them exclusively, you find an equal proportion of citizens of both country. They make the news... I didn't check stats, but it seems that yes, a number of kids abducted into France were returned to the US, usually after the French police arrested the abductor. But a roughly equal number of kids abducted into the US were returned to France thanks to US authorities. They are reported the same way in the news. For this matter, I think the US authorities have been consistent and fair over the years. There should be no double standard.

Japan does well for their citizens refusing to be part of that agreement in cases like this.

No. Japan does well for the abductors only. I don't think the kids (that are also citizen) benefit of it. Living abroad (or in Japan, as both cases are possible) and keeping regular contact with Japanese/family family is better than living in Japan and totally cut from half of your family.

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What gives the Americans the right to decide custody? All over the world they pretend other countries laws are to be respected but in practice do not honor them. About this case, I do not know the couple or situation. The husband filed for divorce and any statement from him I consider propaganda. Unfortunately we do not know the case, was he cheating on her? Brings to mind will the child be living with the women he dishonored his wife? All the Men on the forum see is a Japanese women got put in jail for kidnapping her Daughter to her home in Japan. The men are acting like a rooster on top of the manure pile and crowing. This is not an insult but how I see things. So what will happen when this girl returns to America? Will she be forced to speak English and be punished when she speaks Japanese? Who is going to look after her bests interests? The American child protective services are a joke. @Yuri No one is saying Americans have more right or anything like that. Yes, I can see you some hostility towards America, as to why, I have no idea, I will let you sort it out. But it is Japan that is NOT respecting child custody laws and never has. Have you ever thought that ANY statement from her could be propaganda, could you please take off your rose-colored, bias glasses of for a moment? And don't use that argument of DV or he cheated or other petty excuses. Am I saying the guy is perfect, NO, but we were not there and if you look at the history of child custody issues in Japan, you are really being naive if you think that all these women that came back to Japan with their kids saying that they were abused in one way or another, you need to scrutinize their statements a bit more. I just find it hard to believe that 90% of these women that fled the native countries of their spouses all were victims of violence. I believe of course that some had a legitimate case, but 90%, nope, not buying it. How about the mothers dishonoring their fathers rights? You are making a straw man argument! And most of the men here on JT are NOT gloating or happy that a Japanese mother got put in jail. Do you think all the foreign men here think that Japanese women are low or less than any other woman, most here don't think that. We are just saying, the laws in this country concerning the rights of men and especially foreign men need to seriously change. Or let me ask you a question....as it stands now, do you think us foreigners have an equal opportunity or right to our children in Japan? If we divorce or separate from our spouse, can we get fair and equal rights to see our kids. Japan is fair in this, do you think so? I would never try to take my kids from their mother, however, I will be put up a fight, if she would block me, just for the sake of wanting to block me. In Japan, women don't even have to give a serious reason as to why they don't want their ex-spouses in their lives..what the hell is that? You think the system the way it is now is fair? If so, please elaborate as to how fair it is. And yes, if she lives in America, she has to know and speak English, just like we have to speak Japanese because we live in Japan. And NO, she would not get punished for speaking Japanese, why should see. You have too much hatred and I don't know why. You make it seem as if the girl should never have ANY contact with the father, damn him! He is no good for whatever reason in your mind and that is sad. NO CHILD SHOULD EVER HAVE TO DECIDE OR FIGHT FOR THEIR PARENTS LOVE! This guy could have thrown her under the bus and yet, he still wants to work things out to some degree, which says a lot. So before jumping all over child services, you should really know what you are talking about. The interest of Child service is the best approach to the welfare of the child first and foremost, parents are a side issue. How are the child services in Japan? Do they go in a seize a child if it is in a dire situation? I would like to know.

0 ( +2 / -2 )

This dose not mean that the girl will go back to her dad. She is still in Japan. This dose not mean the grandparants will give the girl back

1 ( +1 / -0 )

Cos - there's a very short video (sound only) of the girl crying and the mother telling her to 'Do as Mummy says'. What mother and child have never been there? I can't find any video of the mother in court....

0 ( +0 / -0 )

cleo@

There is one video where you hear the mother

interesting, the article above specifically names "Inoue Emiko" yet in even in today's Japan Times it doesn't mention her name. An earlier post here noted the "English" Japanese press not using Emiko Inoue's name. Why is it that even Cleo does this? Is this Emiko Inoue-san a minor (not!!!!!!)? Gawd forbid

1 ( +1 / -0 )

bass4Funk, am not sure I like either system. Children are being treated like property given only the respect of such. Also I know better women in America have been known to block access of the father to the children as well. I think both systems leave lot to be desired.

-3 ( +0 / -3 )

Also I know better women in America have been known to block access of the father to the children as well. I think both systems leave lot to be desired.

The difference though, is that in America they would not be allowed to get away with it if the court has given joint custody, whereas in Japan they can do whatever the hell they want, regardless of what the courts may or may not have said, and access is often controlled by the whim of a bitter and twisted mother and nothing else.

I dont think either system is perfect either, but I definitely favour a system where both parents are allowed access to the children, over one that cuts off one parent completely, even a good one. How is that ever in the best interests of the child? And this has nothing to do with bias - if Japan was the side offering joint custody and not the US I would favour Japan. But they dont. Japan in general seems to have the attitude that the father is unimportant to a child, unless the father is Japanese and the mother is foreign, in which case the Japanese-ness of the child suddenly takes priority.

1 ( +2 / -1 )

@Yuri

Yes, but the difference in the states is that if the woman is trying to block the father, it is usually done through a court order and not just because the woman for whatever reason wants to take it upon herself to block the father from seeing his kid, whereas in Japan, for whatever reason or almost any reason you can block the father from having access to his children. In the states or most countries, if the woman goes to court, just saying, "I feel threatened or he beat me or whatever.." is NOT enough just to go by the woman's words alone nor should it be so. This is the fundamental difference between Japan and most other countries. While no system is perfect and when dealing with divorce and child custody issues is very time consuming, not to mention stressful and tedious, Japan just wants to make the system easy, if the woman is in a foreign country and she is not happy in her marriage, take the kids, come to Japan, start a new life, father gets screwed, can't do anything, the legal system will make a mockery of him, case closed-simple. Most western countries, have to get a lawyer, sometimes have to provide witnesses, show a lot of paperwork, show proof as to why you don't want your spouse to see the child. Show proof that your life or the child's life is in eminent danger-more difficult. Once again, both systems are far from perfect, but at least in most countries, the father does have rights and they will be heard and not shoved under the rug and just go by the woman's face value. So Japan is the country that needs catching up on their outdated child and divorce laws.

0 ( +2 / -2 )

@Yuri

I also forgot to mention, if anyone thinks of the kid as property, then you would have to honestly say, it's the mother that thinks so, for if not, then why would she hide the kids from their dad. They ARE NOT a possession or an ornament and to do otherwise looks like you are treating them as a possession

0 ( +1 / -1 )

No body like loosing , and wants to give the best to the child. But in God's law ...... the child must stay with her mother from birth to two years of time. then after completion of 2 years, if a daughter she should remain with her mother , and if a son he should go to her father. Irrespective to parents 2nd time marriage. The both parents must understand , the requirements of their child and ex spouse's statues ( financially, or other circumstances) . Also humanly , if you know how to respect each other with kindness ... You will not find a big deal and could avoid the battle fields.

-3 ( +0 / -3 )

But in God's law ...... the child must stay with her mother from birth to two years of time. then after completion of 2 years, if a daughter she should remain with her mother , and if a son he should go to her father.

God's law??? WTF? Daughter with mom, son with father? Wow. That is some very old school thinking and thankful, most people would disagree with it. Sadly, not all though.

1 ( +2 / -1 )

I have not commented on this post so far, but now God has gotten into the act. Anyway so called God's Law is very screwed up on this and I doubt that both the parents are even Christian?

3 ( +3 / -0 )

Real-san should ask God to help him understand the laws here. PR is easy. Talk to my dad...well when he was alive he would have told you how easy it is to get.

1 ( +1 / -0 )

.

then after completion of 2 years, if a daughter she should remain with her mother , and if a son he should go to her father

What a ridiculous and frankly scary thing to say. Boys need their Mothers just as much as girls need their fathers. You are treating the children as nothing more than possessions to be divvied up like furniture. Shame on you.

2 ( +2 / -0 )

@miya

All I can say to that is..."Wow!"

0 ( +0 / -0 )

Good luck on collecting.

-1 ( +0 / -1 )

in God's law ...... the child must stay with her mother from birth to two years of time. then after completion of 2 years, if a daughter she should remain with her mother , and if a son he should go to her father. Irrespective to parents 2nd time marriage. The both parents must understand , the requirements of their child and ex spouse's statues ( financially, or other circumstances) .

Oh Jesus! What kind of lunatic comes up with this kind of stupid idea? No God order you to treat your kids like the toys for the convenience of your life. Absolutely horrible!!!

2 ( +2 / -0 )

I don't understand, after what she did, why she went back to renew her "American" Permanent Resident, is not enough to have your child safe in your own country???

Well I agree with someone here, the mother is stupid but for different reasons, if she ran away from the American System why she returned to renew her American Permanent Resident?

About the brainwashes, is something that some parents going through divorce claim PAS(Parental Alienation Syndrome)

Well the child hasn't return to America yet. This does not mean that Japan will allow American system to extradite the little girl.

I think we need to listen to both sides of the story before we can give an opinion, we don't know what had happened to force her to run back to her country.

0 ( +0 / -0 )

Bass4funk: and do you think it is right to decide for all those children that they must live with the U.S. parent no matter what? Not that this is a fight between the US versus Japan but why should Japan join the Hague treaty If it is clear that only the U.S. citizens side are benefitted with it, join it just because others did? If it was about right or wrong shouldn't all sides be satisfied with it? Shouldn't every case be investigated to then be determined where the kid in each case should live instead of labeling them U.S properties? Cos: If a parent, wherever he/she is from, can afford or not to go see their kids is not in question, why the treaty implies they're better off in the U.S is what I still don't get. If the U.S. has always been fair to your country that's great, I don't feel the same way and wish it was different. I'm not saying the non-U.S. citizen is right to take his/her child away from the U.S citizen parent but if they run away from the U.S. law instead of waiting them to give a fair custody trial is because they have a reason not to believe the U.S. Judiciary would ever give custody to the non-U.S citizen parent. So for you, keeping a child away from the non-U.S. citizen parent is not considered "cutting half the family"?

0 ( +1 / -1 )

But there is no denying that some women will lie, cheat, slander, do anything to get what they want and lash out at their partner for whatever reason - without consideration for the children themselves. Sometimes just because their "dream life" has not worked out how they expected.

They say the truth shall set you free and there it is. Thank you for posting this. I have always wanted to see if women would break ranks from other women who commit heinous selfish acts such as child abduction.

I once took a little walk with a group of men who had all suffered from child abduction. When I agreed to participate in this walk through town I wondered if any women would be there supporting these men who were fathers. It was mostly men but there were some women there and I was relieved to see that. I was a bit disappointed to not see many Japanese father's willing to march for their rights.

I believe it is unfair to ask a father to pay for 20 years of child support but not allow joint custody or visitation (Enforced). That is a life sentence of emotional pain and grief requested by a woman who in some way could not maintain her relationship. They must be taught that it is not rejection. You gave birth to a man's child. That child is meant to be loved by both parents and shared. If the state were sincerely interested in the welfare of the child then the child should be removed from both parents to a foster home that would allow both parents to come at separate times.

Just like that girl who stabbed her boyfriend who wanted to break up with her. This is the same. I want to hurt you cause you want to leave me.

2 ( +2 / -0 )

and do you think it is right to decide for all those children that they must live with the U.S. parent no matter what?

No, I never said that. I am saying that "unless the woman and or her child are in danger depending on the findings" the father has the right to be with his kids, regardless of country origin. How about this: Who is Japan to decide and deny that a father who is not Japanese can't see his children and just blindly go with what the woman says without ANY concrete evidence, just by word say. Also, you seem to forget that the husband is an American and the divorce and custody suit was done in the states. That is why we are talking about the U.S.

Not that this is a fight between the US versus Japan but why should Japan join the Hague treaty If it is clear that only the U.S. citizens side are benefitted with it, join it just because others did?

Why? As I stated before, Japan has gone full rogue on this. Japan is one of the G8 nations and these nations all signed the Hague treaty. Why is it that Japan can decide the outcome of a custody dispute without ANY backed up evidence? Japan goes nuts over its people being kidnapped by North Korea and what's NK to to come clean, respect the rule of law and to return its citizens and yet, Japan is essentially doing the exact same thing. As part of the G8, this doesn't look good on Japan's part. You would expect such atrocities from NK, but not Japan. If Japan signs it, then the hopefully, the system will run its course, this will greatly benefit fathers that basically the way the current system stands, have absolutely No rights or say as to what happens to their children, under this, many of these women that claim they left because of DV or whatever will have to show and prove the allegations and not just blindly taking the kids away regardless of country origin where the divorce or custody dispute was finalized. This is good for both sides, not only the U.S.

If it was about right or wrong shouldn't all sides be satisfied with it?

Yes, but for some reason, ONLY Japan and perhaps Brazil are NOT happy with it, other than that it works fine for the other nations. Besides, like it or not, it is about the children, who cares what Japan or ANY other country thinks.

Shouldn't every case be investigated to then be determined where the kid in each case should live instead of labeling them U.S properties?

They do investigate, Japan usually doesn't. One of my best friends who is Australian was denied to see his son for no other reason other than he was not happy at his former job, wanted to change and his wife at the time thought that he was being lazy, not working hard enough to provide for them, she and her parents kicked him out (apt. was bought and paid for by her family) and blocked him from seeing his son, he tried everything to be able to see his son and the system kept giving him the runaround. But just for that small reason, it has been 8 years since he last seen his child. So yes, I do agree, there needs to be more investigations on these matters, so let's start with Japan, since there are so many children here that were reported taken from their countries. Let's do a thorough investigation and see who is truthful and who isn't. And then we can put the focus on back where it belongs, the children.

Cos: If a parent, wherever he/she is from, can afford or not to go see their kids is not in question, why the treaty implies they're better off in the U.S is what I still don't get. If the U.S. has always been fair to your country that's great, I don't feel the same way and wish it was different. I'm not saying the non-U.S. citizen is right to take his/her child away from the U.S citizen parent but if they run away from the U.S. law instead of waiting them to give a fair custody trial is because they have a reason not to believe the U.S. Judiciary would ever give custody to the non-U.S citizen parent. So for you, keeping a child away from the non-U.S. citizen parent is not considered "cutting half the family"?

No one is saying the children would be better off in living in the U.S. no one is saying that. You are greatly misunderstanding this. I'm married and I have kids, I am an American, let's say, I divorce my wife tomorrow, she can automatically take my kids away and that's it. I lost everything. In the U.S. the majority of the time, I can at least fight for my rights as a father, visitation or custody (depending on the reason for the request) etc. I have a fighting chance and my children will usually be able to see both parents. Japan doesn't even come close to giving these rights to fathers, especially foreign fathers. The family is already cut in half when the parents decided to split up. Don't make this a U.S vs Japan, because when a divorce is emanate, the children are the ones that are really not benefiting from any of this. So if you really want to get technical more importantly, the child gets screwed because now they can't be with one parent. Try and look at this from a kids perspective and how they feel.

1 ( +1 / -0 )

@netninja - thank you for your thank you!

I am absolutely NOT automatically on the side of women just because I am a woman in this, and any woman who thinks like that is - in my opinion - doing women in general a grave disservice.

I am on the side of what I believe to be right. For me, that is allowing access to both parents if they are fit to be parents and love the child (by that I mean violence/drug abuse etc notwithstanding).

I KNOW for a fact that some women have claimed DV even though it is false (it has been confessed to me a few times both in international and domestic marriages. One because she didnt like her life in Australia, one because her husband wasnt earning enough money and she "wanted to find a better one" (her words and I always suspected her affair started before she called off her marriage. What shocked me is that she would even admit it, like it was a perfectly reasonable reason for divorce!) and one because - again her words - she "changed her mind about being married to a foreigner".

So no - I certainly dont see women through rose-tinted glasses just because I am one!

For me and my husband - I honestly had no idea about this issue before we were married. Seems so naive now doesnt it?! But we have talked about it many times over the years, and we both agree the children love and need both of us. So I can honestly say I hope that should the worst ever happen we will be able to put the kids needs before our own. We have even discussed how we would do it (getting a separate apt nearby for him) and how much maintenance would be reasonable, or going back to the UK (this since the quake and whether we both feel they would be better off there but with him having regular skype contact and visits, etc). Of course, I hope none of this ever happens, and it is a bit like planning your will - something you never want to discuss but that gives you peace of mind once it is done - but as a result of our honest discussions on the subject I feel very secure that we are both on the same page with this issue. I felt it was something that needed to be brought out into the open and discussed.

I get equally irritated with Japanese that automatically think a foreigners opinion on this must be a bias against Japan. It is absolutely NOT. Any country that divided families permanently and created so much pain I would have a problem with, including my own.

2 ( +2 / -0 )

Nicky - We may have gotten off on the wrong foot (Forgot what topic it was) but I now recognize you as being one of the most level-headed people here on JT.

Thank you for you honesty. There are a lot of men who have a hard time proving in court what we know to be true in our living rooms. This is the reason why in the past I've claimed that the Family Court system here in Japan is tilted in the woman's favor.

When a man is in good order, meaning occupation set, loving, caring and peaceful, it's hard for women to take him down a peg. That's where the multiple influences begin. This is the point where Japan's government itself influences these women to kidnap children or slander good men in ugly bitter divorces. Even YuriOtani supports kidnapping children to Japan. Not sure if she really believes that but she said it.

Nicky, now that you have shared a little bit of what happened in your living room. I can share what I've learned in mine. The ward office and family court coach these women with precision on how to demonize their husbands. There is a process designed to hobble and maim a husband into submission. For women, especially if they manage to get the child (BY ANY MEANS) is fast tracked with an alacrity most will never see in Japan. The manner of how the child got to Japan or taken is NEVER investigated because her title is "Mother of the child"

I'm not going to sit here and say that all men aren't the monsters their wives claimed them to be. If in fact there was physical abuse, then yes, protect the children.

As an American man living in Japan there one thing nobody seems to recognize about international relationships and WHY they go south. They don't recognize that the girls are just having a good time. They seem to speak English, they loves movies, they enjoy hamburgers, she's attracted to me cause I'm different. What people are missing is the real reason, these gaijin guys have no idea about the laws here in Japan. These girls know how to play the system. We forget that the core of her being is Japanese based on their educational system and family values. We get distracted by the facade.

Those Western weddings are NOTHING to them but a day to get dressed up. It's a show, a song and dance. Did you know that you can be married here without signing any papers? Did you know that if tricked you could be married without even knowing. Men fall into these traps all the time. Family courts do very little to support the man.

To summarize my little cause and effect post. We will continue to have these kinds of cases until a fair International agreement is made for those people who marry across borders. Furthermore Japan's ward offices need to be more informative for gaijin and their rights BEFORE marriage. I believe most people want to marry for love but bureaucracy can really show you the gravity of the situation.

2 ( +3 / -1 )

@Netninja @Nicky

Both of you are exactly on target. I couldn't agree more. For some bizarre Yuri and krisall think that men shouldn't have ANY rights and that signing the Hague would greatly benefit the U.S., I don't quite understand that as to how, when the world focus is on Japan for getting itself into this situation for knowingly and abiding and harboring these women in taking the children for whatever reason suits them, because they think that they are the mother and that the child grew in their womb that the sole rights belong to them and not the men This is totally absurd! If Japan thinks that the international community will just let this slide and shove it under the rug, those days are over. Japan doesn't sign the Hague treaty, you can expect to hear about more attempts of kidnapping and who knows how far this will go? What happens if someone gets killed over this? Emotions are at an all time high on this topic and the very people this is affecting.

1 ( +1 / -0 )

He has custody but the mom can still spend time with her daughter. If the mother had the girl in japan she could keep her isolated from the father without any authority helping him. You dont have to obey any laws in japan when it comes to kids. Thats the main difference Yuri.

1 ( +1 / -0 )

"I am an American, let's say, I divorce my wife tomorrow"....what if someone in your situation used the Hague treaty to take a kid away from the other parent? Not all women are evil the way you claim and not all men are victims either "who cares what Japan or ANY other country thinks." selfish thinking like that one is perhaps what worries most mothers in this situation.

0 ( +1 / -1 )

@Cos Merci!! Very interesting about the American and French divorce situation, so not only Japan and the USA??

0 ( +0 / -0 )

I have printed and saved this quote as a true keeper:

I would jump through any hoops that needed to be jumped through and break any laws that needed to be broken to keep the kids with me.

This is exactly why prisons, jails and detention centres are overcrowded across the globe. There remain those who believe they are above the law. Millions upon millions break laws for their own selfish reasons: the laws are always wrong, right?

3 ( +3 / -0 )

@krisall

selfish thinking like that one is perhaps what worries most mothers in this situation.

Funny, how how you just zero in on the "who cares what Japan thinks" part. Selective reading, I guess. Why don't you read what @pointofview wrote, he totally hit the nail on the head! Excellent! As it stands: Japan doesn't have to abide by any international laws concerning kids- NONE!

So, I don't hear you coming down on Japan. Maybe you think, Japan is in the right and everyone else (forget the U.S. for a moment) in the international community is wrong, right? Japan is absolutely right in the way they're handling this situation and hasn't done committed any wrongdoings? This is your and Yuri's point. Stop using the U.S. as an excuse just to bash the country. Let's look at children that were born to fathers of other countries. Do they have an alternate agenda? Please don't imply that they are puppet governments of the U.S. and that it is pushing its policies on the European community to make Japan sign the Hague treaty. Is that what you think?

0 ( +1 / -1 )

@netninja - did we get off on the wrong foot? Meh, dont worry about it - I was told by my surf instructor I was goofy footed!

I agree with everything you say. I think most reasonable people without an axe to grind (bass for eg) feel the same.

I also know of men being screwed over - one guy didnt even know he was married! Another found out he had been divorced a few years before when his J wife forged his signature - even though he went through the courts to get it overturned they still let it stand! Another guy last time I heard HAD to turn up at the ward office at a certain date and time every few months come hell or highwater, accident, earthquake, anything - otherwise his divorce would have automatically been granted to his wife (he was trying to contest it).

This is the system you are defending Yuri and Kris??!

Until Japan treats marriage and divorce fairly and justly, particularly with regard to international marriage but also for all married couples, I will continue to support people who are suffering from the bigotry and bias. If i had known about your walk netninja i would have joined you. So would my Japanese husband. He feels the same as I do, having seen some of his friends go through hell.

2 ( +2 / -0 )

Sorry Bass4Funk - that means you DONT have an axe, not that you DO!

0 ( +0 / -0 )

Bass4funk: Why do you always accuse me of saying things that I DIDN'T? Just because I'm against something that you're in favor it doesn't mean it's a reason for you to atack me adding sentences that are not in my comentaries. If you had asked me before I would have told you with all my pleasure that I'm against the Japanese law in divorce cases too, I think it is very unfair to the fathers and should be changed. I don't think it is any different from the Hague treaty though, the only difference is that they do not pressure other countries to accept it, it was there before you even got married. Funny that people do not accept and criticize that Japanese law however want Japan to accept the U.S. law. NOTE: I didn't state any side is right it just sounds funny, "do it as I say but do not do the same".

0 ( +1 / -1 )

the father would rather let his his new girlfriend "mother" his daughter. smart....

-1 ( +0 / -1 )

@Krisall

Well, by your previous posts, it sure looks like that to not only me, but to the other posters to, you probably didn't clarify your stance properly enough.

I'm against the Japanese law in divorce cases too, I think it is very unfair to the fathers and should be changed. I don't think it is any different from the Hague treaty though, the only difference is that they do not pressure other countries to accept it

Again, what are you saying??? Let me clarify, you DO NOT HAVE THE SAME EQUAL RIGHTS IN A CUSTODY DISPUTE IN JAPAN, NONE. Japanese fathers have it tough, but if you are a foreigner, you are screwed! And since Japan WILL NOT LISTEN TO THE FATHERS SIDE AND WILL ALWAYS SIDE WITH THE MOTHER, WHAT OTHER RECOURSE DOES OR CAN A FATHER IN JAPAN TAKE? This is why, Japan is being pushed by the INTERNATIONAL COMMUNITY NOT ONLY THE U.S.! THIS IS NOT JUST A U.S. PROBLEM! Like I said before, Japan whines about its citizens being abducted by the North Koreans and continuously push the government to do something and that the people of this country think its an outrage for another country to do that. So what's the difference? kidnapping is kidnapping. If the trail is held in Japan and the father gets a fair trail and for whatever reasons, he loses custody and the trial was fair and he is allowed to see his children, provided he is not some psycho moonbat, then fine, I have no problem with that. The judicial system ran its course. But sadly, that doesn't happen in Japan, so if Japan wants to be taken seriously as a world player and as a first world nation, the Japan needs to get its house in order and I am talking when it comes to the plight of divorce, child disputes. By the way, the Japanese law is criticized all the time as it is now.

-2 ( +0 / -2 )

GoingGoingGone, where did that come from? Even if you ask the men, it's not full custody we are after. Men's hearts are no where near as vindictive or scornful as women can be.

I would never fight for control. I would fight for what's fair. Not allowing joint custody and visitation is unfair. I'm not talking conditionals here. he's this or she's that. Two non-abusive, normal adults who choose to divorce. In that case, Japan's laws do NOT grant visitation, nor do they give joint custody.

The way the system is designed is unfair and tilted for a woman's favor Why on Earth would you wish something harmful to other women who want to see equality?

-1 ( +0 / -1 )

I truely hope that all the females on here who have children in Japan one day face the reality of losing their children to their husbands in a custody battle. Believe me all the conversations in the world do not help when a man is intent on ruining his ex wife's life and punishing her by taking those she loves the most. Then lets see how progressive you are and interested in upholding father's rights.

Not a nice thing to wish for. But the result is already determined (unless one party is unfit):

Husband and wife are Japanese: Wife gets kid One spouse is Japanese: Japanese spouse gets kid Both spouses are foreign: Courts don't care, but probably wife gets kid (not sure on this one)

-1 ( +0 / -1 )

I WAS friends with a Japanese woman who was in her early 30s. We had lunch one day together and this woman just opened up to me. We hadn't really gotten to know each other but she started asking me all these questions about America's jurisdiction.

She had married a young G.I and they had a child together. She told me that she couldn't stand him being deployed for months at a time. Anyway, she's having an affair and she wanted to know how much money she could get from the government. I just couldn't believe my ears, oh my. She was so worried about what could happen to her.

She had already moved all of their things and cancelled the lease on the house they were living in. I really didn't know what to tell this woman. I'm still not quite sure why she told me all these things about her private life. I have to say, I didn't know that Japanese women could get away with such things.

It's unbelieveable how bad the men have it here. Some of the stories I've read are just amazing.

I firmly believe a child needs his/her father. It makes no sense not to allow the father access.

0 ( +3 / -3 )

@goingoinggone

This is what I'm talking about. Who said anything about father's wanting to take their kiss away?! This is simply NOT true. If men at least can have or allowed visitation rights and or joint custody, it would be a start. What part of that is so difficult for some of you that, you can't understand that?

0 ( +1 / -1 )

crystayle@

It's unbelieveable how bad the men have it here.

Why do you think more men here marry non-Japanese than JP women marry non-Japanese (see cleo for links)? I guess the JP men know more than some here give them credit for. By the way, Emiko Inoue has been behind bars for 7 months and still counting. For the moment this is a Wisconsin event; I hope the IRS steps in to see if she has filed a US tax return over the last five years, since she is, after all, a permanent resident of the USA. I like tightening more screws.

0 ( +1 / -1 )

Nicky Washida: "This is the system you are defending Yuri and Kris??!" I would defend a system with all my strenght If that system didn't hurt people's lives nor teared children's emotions apart, something I do not believe it is the case with the Japanese custody system neither the Hague Treaty so I'm totally against both of them. There should be another kind of agreement in international custody cases that did not benefit only one parent.

-2 ( +0 / -2 )

Bass, this man isnt after visitation though, is he? He wants custody and he wants it in the USA. Not only that he has pursued a case against the mother of his child, leading to her being locked up in prison, and then wants that same child to live with him after he has taken her mother away for her. This woman has not abused her child, just wanted to stay with her, and I, unlike some people here with no maternal feeling, totally understand that. Not so much father's rights, as father's wrongs.

-4 ( +0 / -4 )

I truely hope that all the females on here who have children in Japan one day face the reality of losing their children to their husbands in a custody battle. Believe me all the conversations in the world do not help when a man is intent on ruining his ex wife's life and punishing her by taking those she loves the most. Then lets see how progressive you are and interested in upholding father's rights

What a truly horrible and unpleasant thing to say. What kind of person wishes this on anybody? Horrible and just shows exactly the kind of peson you are.

3 ( +4 / -1 )

Here is what the Japan Times said in regard to Emiko Inoue in an article dated Nov. 26 from Kyodo, "

Mom to Drop Kobe Appeal in U.S. Custody Battle"

"The 43-year-old woman, whose name has not been disclosed,…"

As of Nov. 26 countless media sources had posted her name (this Japan Today article from the AP included). This woman has been charged with a felony, has spent weeks in jail for her crime already, is without a doubt guilty of the crime, and the case is public record. Her name HAS been disclosed.

This is sloppy journalism on the part of Kyodo/Japan Times at best, and an all out lie at worst. Shame on you Kyodo, same on you Japan Times.

0 ( +1 / -1 )

And by the way - I HAVE faced it. We nearly divorced about 6 years ago. The law was not on my side at all. We were able to work through it and be reasonable for the sake of the children. We patched things up from there.

Your hatred and wishing ill for me and my children with no reason whatsoever other than that I can see both sides of the argument is quite possibly the most pathetic and unpleasant thing I have ever read on here. You have let yourself down and you should be ashamed.

3 ( +4 / -1 )

@krisall

If the father is benefiting from this, then ask yourself why, there must be a reason, right? Ask yourself, is the mother a flight risk, does she have a personal vendetta against the father so much that she wants to have the father out of her life? As far as these smaller details, do we know both of their mindsets. So before you rush to judge, look at the bigger picture. There must be some reason why he wants her to be in the U.S.! As I said before, if the custody laws were fair to the fathers and foreign fathers and would allow "joint custody" we wouldn't need to have this kind of conversation. So if you really want to be precise and specific, as of the current status of the situation, Japan is the one that is totally benefiting from these laws as it is currently standing.

So please, show your anger and frustration and criticize the Japanese custodial system, which seriously needs to be modified, once that happens, then we can really talk about fairness.

0 ( +1 / -1 )

@goinggoinggone

Oops, that last post was for you. Hadn't had my morning oatmeal yet!

0 ( +1 / -1 )

@krisall

The new Hague agreement which is international will be just fine. Anyway, it will happen, hopefully, sooner rather than later.

0 ( +1 / -1 )

goinggoinggoone.

All divorces are different as are the people involved in them.

Many people can overcome difficulties in their marriages(mine did quiet a few times and also got very close to divorcing). What might work for some will drastically fail for others.

We do feel for all of them but at the same token we don't let our own experiences influence our opinions about right/wrong/etc.

Most divorces also end amiable with a good understanding, visits, etc between all parties.

When divorces go wrong is when one party tries to win by force(use kids as a bargaining point) or is out to plainly hurt the other party. In those cases the kids and their happiness are usually given very little consideration.

As they say in a divorce case the only party that truly benefits and wins is the Lawyer. Divorces by 2 responsible Adults should never be settled by a lawyer or in court.

Just my view.

0 ( +1 / -1 )

goinggoinggone

Not only that he has pursued a case against the mother of his child, leading to her being locked up in prison, and then wants that same child to live with him after he has taken her mother away for her. This woman has not abused her child, just wanted to stay with her,

Quite wrong. Get your facts right. The father did nothing that led to the mother being locked up in prison. Nothing at all. She kidnapped her child against a court ruling and then visited the states which directly led to her being locked up.

I, unlike some people here with no maternal feeling, totally understand that.

Funny how you can understand maternal feeling but utterly lack any appreciation of paternal feeling. Strange.

1 ( +2 / -1 )

@goinggoinggone

People like you just see this in one light, to sum it up. 1) the U.S. is a bad place and a country that shouldn't get involved be it domestically or internationally to upset the current status quo as it relates to child custody.

2)That no matter what, the child is better off in Japan with the mother, regardless if the father can see his kids or not, just leave it up to the mother to make all decisions and keep the courts out of it or let the Japanese judicial system run its so called just course.

Would this be the best alternative and fairest system for the child and the mom?

1 ( +1 / -0 )

Bass4funk: "So please, show your anger and frustration and criticize the Japanese custodial system, which seriously needs to be modified, once that happens, then we can really talk about fairness."

Like If the law in the U.S. was so perfect and not the corrupted, racist and unfair law we see in the news right?! I guess some people will only admit that law doesn't suck only in Japan but your own country also when we talk about taxes, meaning when it's convenient to speak bad about it otherwise it is better than any other else. The only one who has shown anger here is you by atacking me and that just because my opinion, that you once said does not matter however seems to bother you so much, differs from yours. Look, I'm sorry If my way of viewing the treaty hurts you and from the way you attack me I can tell how much you love, care for your kids and want to guarantee your rights over them and I truly hope that for fathers like you, the Japanese divorce system changes however no matter how much I'm attacked I'm not in favor of a system that hurts other people the same way.

0 ( +0 / -0 )

krisallenation

Look, I'm sorry If my way of viewing the treaty hurts you...

I'm curious. What don't you like about the Hague Treaty? It seems like an unbiased treaty to handle international custody disputes in a fair way.

0 ( +0 / -0 )

@Krisall

I am not mad, angry or hold any animosity towards you, yes, I do think you are misguided and I am befuddled would be more of an appropriate term, but I never implied that the U.S. system was perfect, it is far from perfect on many levels, but at least in a divorce, in the U.S., I don't have to worry about NOT being able to see my child or that my ex can block me for whatever reason and my chances of getting a fair deal as a father are next to null. We all have the right to disagree, but I really want to make it clear again that this is not about the U.S. vs Japan. If I thought that Japan was that bad of a country, I would not be here, so that counts for something, however, Japan seriously has to be more serious about social and international affairs if it really wants to be a world power and a game player. This kind of volatile situation totally undermines Japan's credibility. Which is a damn shame.

1 ( +1 / -0 )

being raised in 2 cultures and having 2 different parents from 2 different countries. I am German Japanese and living in the USA. I have to say some of the comments in here really offends me as a bi culture child. I have seen what both culture as in America and Japan can bring. For those who wants this mother to rot in jail and get lost.. I hope you are not a parent.. for those who completley support the father.. i say hold a sec.. We know what the mother did legally was wrong. the question is do we know the whole story of this couple? we hear one sided western report newpaper telling us he is the doctor who is wealthy and who gets to raise a child in the USA.. who is not originally from USA. He is from nicragua.. She is japanese.. We have to be very careful what we are doing here judging the mother based on what the decision she made. The question is what did make her do this? How do we know she brainwashed her daughter? ITS HIS WORDS.. and some of you want the grandparents sit in jail? How do you know if the mother was bad? There are plenty of mothers in Japan who go for few days out of countries to take care of paper work does not mean the child should skip school. Now the child has to relearn English.. She had attended most likely japanese school and now she needs to learn english.. I hope she wont be bullied in the public schools that I keep hearing in the USA.. Besides.. the judge granted full custody after she left the USA.. and she was not represented in court when the ruling was done from what I read.. I have the feeling the mother wont even get visitation rights.. if she does the child protection service is going to be there and she wont be allowed to speak in japanese. Which means denying the japanese culture.. who knows.. I feel sorry for this child.. because of the stupidiy of both parents and their ego this child is "psychologically " damaged .. I hope this father will leave the USA and got to Nicragua where that is his culture that his daughter should learn and also travel to Japan so she can learn the culture.. Each culture has its pros and cons.. I see good things and bad things growing up in 3 different culture.. I am a third culture kid!! I hope this girl will appreciate down the road and learn things from each culture and the parents will work things out!! I really hope the mother will be allowed to reenter the USA to see the daughter.. if not. the court has taken away the right to learn your culture..too.

0 ( +2 / -2 )

@yubaru.. how do we know if the mother was bad? how do we know the father is good? we dont. I see american mom going to spa leaving their child with nanny.. i say that is ridicicouls.. the way some mom spends money on themselves and let the nanny take care of their child.. how can we say emiko is a bad mother for leaving her child at her grandparents house and went to hawaii for few days to apply her paperwork. I bet she was not thinking to stay for 3 or 4 weeks.. just a week to take care of immigration. does it mean she is bad no. I see parents in the USA taking cruise without kids.. does it mean they are bad no.. we cant judge the mother only.. we do not see the whole picture and most likely we will never do.

Any place we live regardless we have to follow the law.. however due to lack of language ability/knowledge and new to the country we do not know everything. it is not like when you come to the USA or Japan they hand a book with law .. and i bet not everyone sits down and study the law....

-2 ( +0 / -2 )

Joint custody should have no bearing on he said, she said. Culture should have no bearing either.

The only thing that matters is the equality of the sexes and that the child have access to both parents. For the visiting party once they have children that parent should be granted automatic permanent residency. There should be a mandatory required distance from each as not to financial hobble one of the parents from seeing the child. Everything must be set for both parents to have access to the child and a system of checks and balances to ensure that one parent does manipulate the situation.

Unfortunately for the men, there are women who sit around all day plotting against their husbands. The courts support such women. If you've never seen how a woman abuses a man all you have to do is watch The Kardashians. From what all the men posting here say, Japan is full of little Kardashians already.

1 ( +3 / -2 )

@goinggoinggone

As Barbara said, we just don't know the exact micro details of either the parents. While I think the mother is wrong for trying to block her husband from being with his child, we don't know the specificity of the custody, so while I do support the fathers rights to see his child, I am always on the side of the child, because in the end, that is all that ultimately matters. And I am perhaps a bit more sensitive about the issue being as Barbara I am a child of 2 cultures also, growing up between 2 countries can be challenging. I know exactly what she is talking about.

@Nicky

Glad things worked out for you between you and your ex. If these things can be worked out without involving the system it is always better.

1 ( +1 / -0 )

Thank you Bass - we are VERY happy and he is now a wonderful husband and father. Definitely worth fighting for.

3 ( +3 / -0 )

Any mother who has properly bonded with her child can totally understand and support this mother's actions.

-3 ( +0 / -3 )

goinggoinggone

Any mother who has properly bonded with her child can totally understand and support this mother's actions.

Any father who has properly bonded with his child can totally understand and support this father's rights and feelings.

Also, understanding isn't condoning. I fully understand what she was probably thinking, but she was still wrong. Think of how the father felt after having his child ripped away from him without any warning and any way to every see her again.

2 ( +2 / -0 )

@2020

Yes, that's absolutely correct!

1 ( +1 / -0 )

Any father who has properly bonded with his child can totally understand and support this father's rights and feelings.

And any mother who has a good relationship with her husband and understands the importance of a (good) father in a childs life can do the same. We are not all man-haters.

1 ( +1 / -0 )

When a Japanese mother decides take a few monthst vacation with her kids, leaving the husband behind with his workplace duties and what-nots, and then after several months he calls up to check on them as he routinely does only to hear his wife say "Umm, honey, eh...I don't know how to put this but, I'm not coming back...." Lets say for argument sake, he decides to resign his job, sell all belongings (house, household goods, the works...) just to prevent himself from becoming totally destructive towards his wife's insipid decision and giantly leaps across the vast Pacific just to rejoin and rejoice with his kids. Bear in mind, he is to inner grate in a land of no knowledge regarding language, customary habits, wheelings-and-dealings, beliefs, etc. After several years, he notices this is not for him but can't leave the kids behind...what then? Anyone care to elaborate....?

0 ( +0 / -0 )

This Japanese child abductor deserves to stay to rot in jail until the child is returned to the USA. More pressure should be put on Japan by the world to stop this ( Japanese abduction and protection program)

I have not seen my son for 5 years and there is little or nothing I can do to ever see him. I love the country of Japan, but the japanese ministry of justice is in the dark ages.

I just want to thank the United states for catching this Japanese criminal and having the world take notice

Another Christmas without my son

0 ( +1 / -1 )

@ Kentanthony.. sorry to hear that you cant find your son and i hope things will change how wishing a mother to rot in jail? i can not agree. It does hurt my heart to hear parents suffering for not able to be with their child.. but we can not forget there is always 2 side story.. here we read the one side story and judging the mother only.. how about the father? I read he is re married and has a new wife.. now the daughter needs to adjust to the step mom? THAT IS TORTURE!! how dare of him to expect her to be with him.. HE SHOULD HAVE NOT BE REMARRIED>>> INSTEAD WAIT FOR HER TO BE RETURNED.. now this child will not be able to speak japanese .. wont be able to see mom by herself.. most likely surpervised visitation.. This child life is destryoed.. the father won HIS EGO WON.. he is not sensitive for the child.. I feel sorry for this child and I wish the state would adopt the child away from these parents.. oh wait the parents are not american.. never mind.. sad sad sad

0 ( +0 / -0 )

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