crime

Estranged Australian husband freed after trespassing to find his children

157 Comments
By Chang-Ran Kim

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Japan ought to adopt joint-custody.

It's better for the kids.

61 ( +63 / -2 )

Scott McIntyre , As affected as you are , you have all my support. Do not stop fighting.

59 ( +63 / -4 )

A few days ago I read an article about this on an Australian news site

https://www.smh.com.au/national/desperately-worried-australian-father-faces-jail-in-japan-amid-custody-battle-20191220-p53m09.html

I'm glad that he's out of jail and I hope he will be able to see his children soon.

46 ( +49 / -3 )

For too long, they’ve had things all their own way, pulling out the ‘cultural card’ whenever it suits, while gaming our openness and insisting on the rule of law at other times. We need to put a stop to these having your cake and eating it shenanigans and start playing hard ball. Our Japanese friends need to be held to much stricter account.

56 ( +64 / -8 )

As we keep seeing, the Japanese justice system is barbaric.

Ask yourself, what would you do if the government took away your kids?

58 ( +67 / -9 )

The case of Scott McIntyre, a freelance sports journalist based in Tokyo, has drawn wide attention to the difficulties in Japan faced by parents who lose access to their children after their partners take them away.

Wide attention? Most definitely NOT here in Japan it hasnt!

40 ( +46 / -6 )

It's kind of the same in the UK. My mate lost access to his two kids after his ex wife ran off with his two sons aged 7 and 2. This was 7 years ago. She said he had hit her (he claims he didn't and I don't know the truth) so the UK family courts wouldn't grant him access based on her testimony of domestic violence. After 3 appeals, he ran out of money and gave up 4 years ago. All he can do now is wait until his children are 18. Cases like this is why Fathers4Justice became a well known UK organisation. So, sadly, it's not just Japan. At the end of the day, it's the children that suffer. I should know. I never knew my dad. Good luck to the bloke.

'“By the end of today, another 200 children will have been cruelly separated from their fathers in secret family courts.”

https://www.fathers-4-justice.org/

37 ( +41 / -4 )

He was released on bail last Friday after pleading guilty to the charges, and on Wednesday was given a prison sentence of six months suspended for three years.

This makes no sense. Bail is given, or not, to those awaiting trial, and not to those who have already had their court case heard and a decision handed down.

Why the bail and how much?

I am going to THINK that it is due to the suspended sentence, however, I can not recall this ever being reported in prior cases where the sentence was suspended.

23 ( +26 / -3 )

Unlike most developed countries, Japan has.....

A common phrase in recent times. Seems that the romantic phantasies are finally exposed to some stark realities

29 ( +34 / -5 )

*Unlike most developed countries**, Japan has no joint-custody system after divorce.*

Says it all.

30 ( +40 / -10 )

JAPAN CHOICE IS THE BEST FOR CHILDREN

°

Male

°

Men loves to have property of anything the ex-wife had. They are dogs in divorced. They often kill their own kids for their mother not to have them.

In France stats says when father got costudy :

9% of lethal accident more than with the mom;

never finished school.

Dads don't care about education, they care about look, being able to harass the ex, not to pay alimony.. and worse.

°

Japan system

°

Japan system protecs japanese children from being an outcast without any family in an other country. At least in japan, they have the metis blood to not be alone.

This is a system that make children interest pass before the dad will.

This is too a nature rule : the children belong to the mother.

°

The mom

°

In Japan, she can't have a new life, with an ex-dad in the room. The new dad need to be able to be the new dad on a subconcious level.

Mom fair better without an ex in the game.

°

To conclude

°

Law is not perfect, but there is no mystery about Japan Law system. This is supposed to be a warning not to go after japanese future mothers.

At this point, no matter the country, it is nocive for kid, to have a dad in his life. They tend to harass the kid, undermine the mom autority, and even sabotage them.

Law is putting all children safety first. And my experience, when a dad is left out the child life is tend to be for good reason.

Men always says, even while raping a woman because she doesn't a scarf on their head, this is unfair for them. They are very used to "unjustice" and good liars.

°

Relativity from France

°

I vote for women rights and protection : always.

France used to have the same system after too many dramas during divorce's discovery. Europe is breaking it and dramas are coming back. It is advice not to move on the subject. It tend to go backyard on every woman rights after that. The dad movement is founded by religious extremist orthodoxe. They are against all protection for woman, and for protection on beating dad, and husband in the name of family protection (big liars).

You have to see the bigger woman protection figure here to understand why equality is really not yet possible at this point of man evolution in the bucket.

°

NadAge

-90 ( +9 / -99 )

the guy just wants to do right by his children and he’s arrested for it? Thankfully, I’m happily married, but this chap is taking one for the team and should have the support of all non Japanese parents living in japan..

37 ( +40 / -3 )

@oyatoi For too long, they’ve had things all their own way, pulling out the ‘cultural card’ whenever it suits, while gaming our openness and insisting on the rule of law at other times. 

Agree, this is the heart of the problems with the legal system in Japan.

material presented by the prosecution was dismissed as irrelevant to the trespassing charge.

Ignoring related evidence is also an issue which clouds the reasons for the judgement. It's like you broke the rule like elementary school with no consideration for other issues.

17 ( +20 / -3 )

Good luck to this man. I can't imagine being separated from my child. I would do anything to get her back. I also can't imagine keeping my husband away from our daughter, even if we were divorced and even if we hated one another.

31 ( +33 / -2 )

Unlike most developed countries, Japan has no joint-custody system after divorce.

While most of us who post on here are very familiar with this issue in the context of divorces involving a Japanese / non-Japanese couple with children, we need to remember that this is not just an issue for such couples.

Indeed, this issue is confronted all the time by Japanese parents who do not get custody of their child. Again, I personally know a mother who lost custody of her children to their father because his parents were rich and well-connected. She was denied any visitation, her children were taught to hate her, and she ended up committing suicide.

The lack of joint-custody or at least mandatory visitation enforceable by the police is cruel and horrific.

28 ( +31 / -3 )

The case of Scott McIntyre, a freelance sports journalist based in Tokyo, has drawn wide attention to the difficulties in Japan faced by parents who lose access to their children after their partners take them away.

parents who lose access to their children after their partners take them away? Why not use the correct term: abducted? Because that's exactly what that is. No need to sugarcoat it.

Lawyers and legal experts say Japan effectively condones the act regardless of whether domestic violence is involved, and parents who are deprived of contact with their children face the threat of arrest if they try to retrieve or see them.

So you can be arrested just for trying to see your own kids? And they call this a developed nation?

What are the charges if they get arrested just for wanting to see their kids?

Unlike most developed countries, Japan has no joint-custody system after divorce.

Unlike most? What other developed country doesn't have joint custody? Anyone know?

27 ( +30 / -3 )

@zones2surf

Again, I personally know a mother who lost custody of her children to their father because his parents were rich and well-connected. She was denied any visitation, her children were taught to hate her, and she ended up committing suicide.

That's absolutely horrific.

I know my husband would never do this to me, but if I were that woman and I was ripped from my children, never to see them again... I too would feel as if I had nothing to live for. My daughter is my entire life - I think about her every minute of the day, I would die for her without question. I imagine most reasonable parents feel the same. To lose that would be far, far worse than death for me.

23 ( +24 / -1 )

Too little information is available for this case, so it’s a bit too early to feel sympathetic to this Australian (soon-to-be-ex) husband. I’m curious why his Japanese wife left him.

-35 ( +5 / -40 )

Disgraceful conduct by the authorities to hold him in solitary confinement for as long as they did for just trespassing!!! He should get a team of lawyers to go after his ex wife for defamation of character and making false statements plus kidnapping his children! She agreed to marry and have children with him , twice I might add .He wasn’t horrible then. When it didn’t go her way she said she was abused which I hope she can prove. She should have gone to the authorities with that right after it happened, so she needs to prove what abuse occurred.

Shes putting back the credibility of a women by 1000 years doing this . Women that are abused are really not taken seriously when anyone can use that term when they disagree or have a heated spout.

Men, y’all must start having pre nuptials stating dual custody to put a stop to this. You’ll find out right away If she’s a lady when she signs it to protect your right to access to your own children.

Children that don’t grow up with a father usually end up in the criminal system! None of these so called authorities of the law are protecting the youth from this horrible situation that has probably destroyed the children’s lives! If they don’t get help and counseling away from the influences of a bitter mother they’ll really be damaged. My heart goes out to them. :(

Dont know why this hasn’t been all over the news and just the Ghosn insanity.

The law that allows this to happen needs changing.

28 ( +31 / -3 )

For too long, they’ve had things all their own way, pulling out the ‘cultural card’ whenever it suits, while gaming our openness and insisting on the rule of law at other times. 

Japan's marriage law has everything to do with domestic Japanese concerns and nothing to do with the statistically irrelevant number kokusaikeikkon kidnappings.

It's not about us.

In fact, when foreigners complain about domestic Japanese laws, it comes of as special pleading: as in, "I demand to be treated special, 'cause I'm a __."

I do feel for men like Scott McIntyre. I do not support his choice to trespass while looking for his kid. I understand his position, but he's going about it very foolishly. And so, unlike many of you here, I do neither support not condone his behavior.

In fact, nearly all of the people I know who have been shifted by the lack of joint-custody in Japan are Japanese.* They are the ones the people who suffer the miscarriage of justice in Japan. Because they are 99% of the population.

-19 ( +7 / -26 )

While most of us who post on here are very familiar with this issue in the context of divorces involving a Japanese / non-Japanese couple with children, we need to remember that this is not just an issue for such couples.

> Indeed, this issue is confronted all the time by Japanese parents who do not get custody of their child. Again, I personally know a mother who lost custody of her children to their father because his parents were rich and well-connected. She was denied any visitation, her children were taught to hate her, and she ended up committing suicide.

> The lack of joint-custody or at least mandatory visitation enforceable by the police is cruel and horrific.

VERY VERY GOOD post brother! My boss at my former company around a little over ten years ago got a divorce (both he and wife are japanese) and lost access to his son. He lost most of his hair, his work performance as well as mental and physical health deteriorated- he was constantly missing work to meet with his lawyer.

This affects japanese people as well as mixed couples, and this needs to be stressed. Also in the case of our company, it went beyond injustice and caused some economic harm to the employees and economy as the captain of the ship was experiencing trouble sailing. This is another blemish on the Japanese justice system and all of us need to do our part to name and shame the establishment. Without shame, nothing will change.

I can't imagine being separated from my child. I would do anything to get her back. I also can't imagine keeping my husband away from our daughter, even if we were divorced and even if we hated one another.

Agree wholeheartedly.

23 ( +25 / -2 )

Being arrested for trespass is like having freedom of movement sanctioned

Japan is ridiculous!

8 ( +16 / -8 )

This case is ridiculous. She won't let him see their children because she is angry with him? Regardless of what the relationship is between the parents, this can have some seriously damaging effects on the children. They are old enough to read and understand what is going on. They have memories with their father. They have a relationship with him. To suddenly have all of that taken away doesn't have positive effects on anyone's mind.

22 ( +24 / -2 )

If you are a non-Japanese and have kids with a Japanese spouse, have the kids in your country to avoid such a travesty.

14 ( +19 / -5 )

As ever it pays to read other reports, not only these flimsy wire-service versions:

"McIntyre said he had shared a tiny cell, which was lit day and night, with a convicted murderer who was appealing against his sentence. Conditions there had almost driven him “insane”, he told the Guardian during an interview at the detention centre earlier this month."

“I have made repeated attempts [to find them] through the family court and the police but I have had no success,” he said at his hearing. “I have no idea where my children are. I have no idea if they are alive or dead. As a parent this causes me unbelievable grief.”

https://www.theguardian.com/world/2020/jan/15/australian-journalist-scott-mcintyre-gets-suspended-sentence-over-search-for-his-children-japan

As several people have pointed out, this affects all families in Japan, not just international marriages. It's yet another stain on the "justice" system here.

42 ( +44 / -2 )

For a better future of the children, joint custody should be adopted.

18 ( +19 / -1 )

I’ve lived through this scenario and there is not a damn thing he can do about it. I was divorced in 2010 with two small kids. I was banned from seeing them at all for the first year until ‘she’ had what she wanted through the mediation court. Over the following few years I was granted visitation five or six times a year. However, I was not permitted to take ‘my’ children to my house and was only granted a few hours once every couple of months. Of course it was impossible to keep a solid relationship with my kids only seeing them half a dozen times a year for a few hours at a time. I was not permitted to call them and speak on the phone either. Three years ago I took my kids to my house for a lunch with my new partner. The kids told her about it and she cut me off completely. She blocked all my email addresses and my phone number. I went to the apartment and was told through the intercom, “Go away and never come back or I will call the police.” As a result of this malarkey, I have left Japan and my kids. Some people have the nerve to call me a ‘deadbeat dad’, but I (and my kids) are victims of a ridiculous system that allows the woman to do and say whatever she likes. She actually suggested I had to pay ¥3,000 per hour, per child for visitation and the mediation court supported it. I did nothing to this woman except be an English teacher. She married me because I wasn’t Japanese and divorced me for the same reason.

Myself and the guy in the article are only a pair of thousands of fathers, both Japanese and foreign who have been barred and estranged from their children for no other reason than, she can!

47 ( +48 / -1 )

I am very supportive of this guy and everyone the system has put in the same situation thanks to Japan’s broken family law system.

Also, the arrest and detention are outrageous too. He was just in the common area of the building, not entering anyone’s apartment. Not sure about the building in question but in most Japanese apartment blocks those areas are completely open and there are no barriers to public access for non resident visitors. At best the simple act of going into one might warrant a “Please leave”. I see no reason why the police would need to arrest him - a month after the fact no less - for such a trifling act unless they were simply looking for whatever excuse they could find to make life difficult for him.

This whole case stinks from head to toe.

22 ( +25 / -3 )

I doubt very much he was physically abusive to his daughter after looking at the photos on the other website. They seem happy well-adjusted kids. I've known many fathers here who lost contact with their kids and it is so sad. Japan really needs to give rights to the fathers to see their kids. I wish him luck but can't help but feel the system will crush him.

18 ( +19 / -1 )

People such as the wife (apparently) in this case, don’t just become vindictive (use the kids as a weapon against the father to “get back at him” ) overnight. Potential life partners need to take more care when marrying childish, vindictive and selfish individuals. These traits will be obvious before marriage.

You don’t want to get married to someone with the mindset of a spoilt child!

16 ( +18 / -2 )

"McIntyre was arrested on Nov 28 for entering the common area of the building where his wife's parents live in late October in a bid to find his children."

Can someone please explain to me how entering a "common area" is trespassing? I think we're a puzzle piece or two short of the picture.

21 ( +23 / -2 )

He was released on bail last Friday after pleading guilty to the charges,

So he was arrested for wanting to see HIS children, then incarcerated for over a month and let go only after admitting guilt. So the innocent stay incarcerated and the guilty go free? I see this often in Japan. What am I missing?

25 ( +26 / -1 )

Probably the two worst things in Japan coming together here, the practices regarding custody of children and the justice system. Why on earth was someone locked up for simply getting through an autolock entrance on a mansion building? That was this man's "crime".

21 ( +23 / -2 )

This brings back memories of the police being called on me for being persistent in wanting to meet my son, although I was never arrested. As with the man in this article I was still married and felt I had every right to meet my son. This happened a couple of times but once was for simply waiting outside a kindergarten at 3 pm with a video recorder*. Two cops came on bikes while a cop car turned up with its siren blaring. Not a very good image in my son's eyes but by that stage I felt I had no other choice. I always found the police to be polite and understanding, and they explained it was best to sort it out in court which was laughable.

It's ironic that in many, if not most cases how the abducting parent is protected by the Japanese system when the very act of refusing children all contract with the non-abusive, left-behind parent is itself child abuse.

I carried a video recorder because I was told I needed evidence of obstruction.
22 ( +23 / -1 )

It was also not clear why he was arrested more than a month after the illegal entry, or why he had been detained for so long. An earlier request for bail was denied on grounds that he could destroy evidence or flee the country.

Lemmie clear it up for you! The Japanese "justice" system is very biased. Most places its 'justice for all" but here its "Justice for a certain demographic".

13 ( +15 / -2 )

@Nadège, Your thinking is very backwards,You just go with the flow....Rules are meant to be broken if they are bad rules. Replace the bad rules with updated new rules.

15 ( +19 / -4 )

Nadège

Thank you, but your speech of discrimination against men and promoting feminism isn't needed here.

19 ( +24 / -5 )

Think very carefully before you start a relationship.

14 ( +15 / -1 )

zones2surf....the story you posted  above is absolutely horrific, cant imagine her pain.

Aly ...parents who lose access to their children after their partners take them away? Why not use the correct term: abducted? Because that's exactly what that is. No need to sugarcoat it.

Spot on brother.

JAPAN CHOICE IS THE BEST FOR CHILDREN

Nadege ....Your whole post is just pure biased air bubble.

@oyatoi For too long, they’ve had things all their own way, pulling out the ‘cultural card’ whenever it suits, while gaming our openness and insisting on the rule of law at other times. 

Precisely.

21 ( +23 / -2 )

parents who are deprived of contact with their children face the threat of arrest if they try to retrieve or see them.

What??? What messed up system is this?

19 ( +20 / -1 )

London_BhoyToday 07:03 am JSTIt's kind of the same in the UK. My mate lost access to his two kids after his ex wife ran off with his two sons aged 7 and 2. This was 7 years ago.

well put, London. let's stop making this another "this-only-happens-in-japan issue."  any divorce in any "advanced" country where there is not an amicable separation, children can, and will, be taken away from one parent. as london_bhoy points out, this is usually when the mom claims some sort of abuse, physical or sexual. in these instances, the court will always side with the mother, regardless if the claim is true or not.

so no, joint-custody laws don't solve all problems as this article, and as many of you are implying, since the laws can easily be manipulated by one parent.

-7 ( +8 / -15 )

I have always feared this and thus have stayed in Japan working much longer than I wanted because if I say I want to return to my country and my wife refuses there is nothing I can do and no way to have joint custody unless she voluntarily agrees. This article also spotlights another reason why Japanese men are probably not interested in marrying...

22 ( +23 / -1 )

"McIntyre was arrested on Nov 28 for entering the common area of the building where his wife's parents live in late October in a bid to find his children."

Can someone please explain to me how entering a "common area" is trespassing? I think we're a puzzle piece or two short of the picture.

Contrary to popular belief, even though an apartment room might have a common area that is open to the public (ie, unlocked and on street level) it's still private property. People seem to mistake that this 'common area' is a publicly accessible area when that isn't the case. It's for residents, not just anyone coming off the street. If a resident complains to building management about it you can get in trouble with the law.

It's common sense. If it isn't a public building, you don't have a right to be there. Something tells me this isn't the first time he's shown up either...

This happened a couple of times but once was for simply waiting outside a kindergarten at 3 pm with a video recorder* Two cops came on bikes while a cop car turned up with its siren blaring.

Because that's weird... I highly doubt it was because you were waiting for your children. Mainly just, there is a weird foreigner standing outside a kindergarten with a video camera. Teachers probably thought you were a pedophile. Use some common sense jeez...

Also, likely your wife had told the teachers to call the police if you showed up.

I've explained this more times than I can remember on this site but people don't seem to get it. Japan is a civil law system. Meaning they don't weigh each infraction individually they follow a set of predetermined statutes.

I.e they don't take into account why he trespassed, the fact that he did trespass = X. In this case 'X' is detention or bail until his trial. It's the same as any other trespassing case.

-18 ( +6 / -24 )

@Do the hustle

I'm sorry to hear (read) what you went through. I sympathize with the individuals who are going through and living that nightmare. It's infuriating to me. I say this regardless of the country where it happens. There are MANY fathers who just want to at least see their children but can't

10 ( +11 / -1 )

People such as the wife (apparently) in this case, don’t just become vindictive (use the kids as a weapon against the father to “get back at him” ) overnight. Potential life partners need to take more care when marrying childish, vindictive and selfish individuals. These traits will be obvious before marriage.

You don’t want to get married to someone with the mindset of a spoilt child!

Easier said than done, the Japanese tatemae is very seductive as we have found out in how people previously thought of Japanese society before they found out the confected scandal at Nissan

8 ( +9 / -1 )

It's kind of the same in the UK. My mate...

Yes, but did your mate spend a month and half in prison for the "crime" of looking for his kids? I agree that things are bad in this area in the UK, but to say it is "kind of the same" as Japan is just not true.

18 ( +19 / -1 )

Black SabbathToday  06:45 am JST

Japan ought to adopt joint-custody.

It's better for the kids.

The "logic" I've heard in support of the current system is that it's better for the kids not to be exposed to their parents arguing, which is almost always going to be the outcome of a court process that guarantees acrimonious divorces, but I suspect it won't change because most Japanese ex-husbands prefer to just wash their hands of the kids, walk away and leave all the hard work to the mothers. After all, whenever there's a story in the news about a boyfriend or stepfather abusing children there's never any mention of the actual father. If stories like this get international attention, some political hack will just come out with the usual waffle about every country having different legal and cultural practices, and criticism will be ignored.

9 ( +11 / -2 )

Japanese lawyers are cooperating as well with the system to survive.

So who are suppose to defend people?

the victims are in big troubles...

7 ( +9 / -2 )

The fundamental problem with the family law system in Japan is that the court has no capability of enforcing any decisions or agreements made between the parents. If one parent chooses to ignore the ruling or agreement there is no way to resolve the issue. The end result for most cases is that the mother takes the children and denies access to the father. The father then stops paying support. The end result is a lot of hatred and damaged children. If the Family Law Court was better resourced this problem could be addressed in a more humane way.

14 ( +15 / -1 )

What is criminal here, is the way he's been treated.

15 ( +16 / -1 )

Thankfully, there are many marriages in Japan where different nationalities are able to live in peace and relative harmony-I know of several.

Statistics, relating to law breaking in Japan show foreigners to be more law abiding.

Foreigners, in Japan, even having a number of laws stacked against them which Japanese cannot transgress, still, have a lower offending rate than the indigenous Japanese....

11 ( +12 / -1 )

Why was he arrested for trespassing if he only entered the common area of a building unless he had been banned?

Children should have the right to form relationships with both parents. They should be asked if they want to see both their parents.

There are problems for Japanese couples too. It's not always the father. I know a personal case involving a Japanese mother with the custody of her child given to the father but she is allowed to have her child for a weekend once per month.

7 ( +9 / -2 )

While it would be nice if Japan had joint-custody it would still be barely used, even in developed countries it's used like less than 10% of the time.

-10 ( +1 / -11 )

Same as with Goshn, no evidence ("unclear", "not clear") and forced confession (one month prison, no penalty if admitting error)

Medieval times.

As an example, my wife thinks that if ever she divorces, she would not be able to see my kids, even if I explain her I would never allow that !

I guess it is the brainwashing from education and social culture.

Some real examples :

https://www.google.com/url?sa=t&source=web&rct=j&url=https://m.youtube.com/watch%3Fv%3DMJVKHztFQUc&ved=2ahUKEwjB3PyE9YbnAhUVA2MBHT4LBXgQwqsBMAB6BAgGEAQ&usg=AOvVaw3oN5Orv5Eg8l1fgTDdrW28

5 ( +8 / -3 )

It seems quite clear why he was detained so long.

Could he have detained until he admitted guilt? It seems he entered the common are of the building and caused no damage. I suspect his lawyer advised him to plead guilty and arranged that he would be released with a suspended sentence if he did so.

7 ( +8 / -1 )

I do feel for men like Scott McIntyre. I do not support his choice to trespass while looking for his kid. I understand his position, but he's going about it very foolishly. 

That's the way love goes. He doesn't exactly have many avenues to work with being a man, especially being a foreign man.

8 ( +9 / -1 )

@Tokyo-m.

'Yes, but did your mate spend a month and half in prison for the "crime" of looking for his kids? I agree that things are bad in this area in the UK, but to say it is "kind of the same" as Japan is just not true'.

Well if the mother gets a restraining order in the UK, then of course it could easily happen. In fact, fathers4justice have highlighted many similar cases to this. Bottom line is, dad's don't have the parental rights they should have. And on that note, I is off to bed cos it's 01:07. Night all!

3 ( +5 / -2 )

I usually hear about Japanese fathers abandoning wife and children wholesale, and penniless. This case is not the norms, and I do wonder why in this case the wife is doing the leaving.

0 ( +2 / -2 )

Why McIntyre's wife left him taking their daughter and son, now aged 11 and 7, was unclear. Prosecutors said she had claimed physical violence by McIntyre toward their daughter, which he denied, and material presented by the prosecution was dismissed as irrelevant to the trespassing charge.

It was also not clear why he was arrested more than a month after the illegal entry, or why he had been detained for so long. An earlier request for bail was denied on grounds that he could destroy evidence or flee the country.

So many posters here ignoring this part.

-9 ( +4 / -13 )

Contrary to popular belief, even though an apartment room might have a common area that is open to the public (ie, unlocked and on street level) it's still private property. People seem to mistake that this 'common area' is a publicly accessible area when that isn't the case. It's for residents, not just anyone coming off the street. If a resident complains to building management about it you can get in trouble with the law.

> It's common sense. If it isn't a public building, you don't have a right to be there. Something tells me this isn't the first time he's shown up either...

Yes, its private property, but its also extraordinarily unusual for the police to arrest someone and detain them for several weeks solely on the basis of them having entered one. If they did that in every case in which a non-resident entered one half the population would be in prison.

I've explained this more times than I can remember on this site but people don't seem to get it. Japan is a civil law system. Meaning they don't weigh each infraction individually they follow a set of predetermined statutes.

> I.e they don't take into account why he trespassed, the fact that he did trespass = X. In this case 'X' is detention or bail until his trial. It's the same as any other trespassing case.

Its nice that you've explained it so many times, but you are actually incorrect. The police and prosecutors in this country have a huge amount of discretion to consider factors - including why a suspect committed an offence - at various stages of criminal procedure. In the majority of cases they exercise that discretion to release suspects from detention and not proceed to trial. So it isn't just "detention or bail" (and note that these aren't two choices either but rather come in sequence, first you are detained, then if the prosecutor decides to indict you can apply for bail), but rather "indictment or release (not on bail, but completely free to go)".

In this case the fact that they did not exercise that discretion for such a trivial offence suggests they were specifically after this guy for some reason. What that reason is, I won't speculate on, but under normal circumstances simply wandering into an apartment building common area will not get you prosecuted.

4 ( +6 / -2 )

This is just an observation, and nothing for nor against either this guy or his wife;

I for one, would love, just once if possible, for the people who wrote this article to do some REAL investigative journalism and get BOTH sides of the story!

8 ( +9 / -1 )

He must’ve done something wrong to make the wife so vindictive

-15 ( +1 / -16 )

When foreign guys come to Japan for the first time, it seems like they're a kid in a candy shop when it comes to dating. However, when a guy wants to settle down and get married, the candy shop transforms into a search for a pirate's treasure chest in a minefield. Guys, be VERY careful who you marry in Japan. If I would have married the first 5 Japanese women I had serious relationships with 10 - 15 years ago, I know for sure that I would be in a similar situation as McIntyre. They were with me ONLY because I was a foreigner, and some said they were looking forward to having cute hafu children, while looking at me like I'm a DNA vending machine. As time passed and I got better and better at detecting sincerity (very important in Japan) and just generally becoming more wise from experience, I finally found a partner that actually is interested in me and deeply loves me for who I am. Good luck to McIntyre and other parents in similar situations.

14 ( +16 / -2 )

I like the comment by Yubaru.......there isn't enough information to get much of an opinion, but it seems like a sad situation all the way around.

That said, I am used to this culture, wherein, normally, the children would continue to see both parents, unless there is a good reason why that should not be so. I do not understand the rationale that one parent should be denied the right to see the children, or that the children would be denied the right to see both parents.

6 ( +7 / -1 )

There are a number of areas where Japan is definitely backwards and out of place for an advanced democratic country, and this is one of them. Joint Custody of children is absolutely better for the children and resolves many of the conflict issues. Dual nationality is another, even if it means recognizing some countries and not recognizing some others based on parity. The legal system is another. But these are issues which are connected deeply to Japan's culture and while they should be changed, they aren't going to be changed by foreigners, and especially if they go against it head-on breaking Japanese laws. In fact, that is likely to make matters worse. One thing I will say though is that the Custody issue is not completely unique to Japan. Even in the U.S., where State laws prevail, custodial issues in divorce actions always are biased towards the ex-wife. Without Joint Custody it would be a slaughter, and that has nothing to do with nationalties. I speak from personal experience. So this is deeper than just another simple J-bashing topic.

3 ( +6 / -3 )

He has done nothing wrong! That's his children, he as a father of two daughters has a right to see them!  The Japanese divorce system was ridiculous!

6 ( +8 / -2 )

He must’ve done something wrong to make the wife so vindictive

Or maybe she is just a vindictive person?

In fairness, we don't know which is true, but its also kind of irrelevant - the system shouldn't be rigged to allow a vindictive person to express their vindictiveness by cutting the person they are vindictive against from access to their children without a valid reason (threat of abuse, etc).

Its just insane that this is allowed to occur.

7 ( +8 / -1 )

CitizenSmith - He must’ve done something wrong to make the wife so vindictive

Not necessarily. You only have to refuse to give in all the time to their irrational ways and selfishness (we're in Japan so do we do it my way) anymore.

3 ( +5 / -2 )

McIntyre was fired from his job as a sportswriter in Australia for a series of deranged posts. Is this a reflection of his mental state? Could it be why his wife is hiding from him. I have no idea. But there is another side to this story.

2 ( +6 / -4 )

showchinmonoToday  10:11 am JST

"Why McIntyre's wife left him taking their daughter and son, now aged 11 and 7, was unclear. Prosecutors said she had claimed physical violence by McIntyre toward their daughter, which he denied, and material presented by the prosecution was dismissed as irrelevant to the trespassing charge.

It was also not clear why he was arrested more than a month after the illegal entry, or why he had been detained for so long. An earlier request for bail was denied on grounds that he could destroy evidence or flee the country."

So many posters here ignoring this part.

Which part? It's too vague to draw any conclusions from. A bit like your comment, in fact. Are you referring to the allegations of domestic violence dismissed as irrelevant by the court, or McIntyre being held in custody for a month on nothing more than a trespassing charge? Closer scrutiny of this part does not put the authorities in a very good light.

3 ( +4 / -1 )

Actually I didn't hear about this case till now. But I assume there are many more gaikokujins who are in prison. And get ready there will be more coming!

-6 ( +1 / -7 )

And here another dark spotlight from the Japanese “justice” system.

I agree that this is not because he’s a foreigner but such inhumane and outdated way of rule makes suffer local people as well.

Time for changes and reforms,but in order to do so they need younger and more democratic lawmakers.

5 ( +7 / -2 )

elephant200Today  10:46 am JST

The Japanese divorce system was ridiculous!

But great for absentee Japanese dads who had no time for their kids before their divorces and certainly can't be bothered with them afterwards. They're the ones who can vote, so no politicians are ever going to care about tiresome foreigners who aren't welcome here anyway and harping on about their ridiculous foreign notions of "individual rights."

9 ( +10 / -1 )

For too long, they’ve had things all their own way, pulling out the ‘cultural card’ whenever it suits, while gaming our openness and insisting on the rule of law at other times. We need to put a stop to these having your cake and eating it shenanigans and start playing hard ball. Our Japanese friends need to be held to much stricter account.

100% spot on, and this has been going on for way too long. I believe there was even a Diet member, who took her kids from the US against a court order and was wanted by the DOJ. Extradite? seems she and others were living free in Japan.

7 ( +9 / -2 )

They were with me ONLY because I was a foreigner, and some said they were looking forward to having cute hafu children, while looking at me like I'm a DNA vending machine. As time passed and I got better and better at detecting sincerity (very important in Japan) and just generally becoming more wise from experience,

another gem of truth.

If your going to hook up with or marry a Japanese woman, for a long term relationship, I suggest finding one who has lived abroad, understands the ups and mostly downs, of being an immigrant, and who can share empathy with your situation. Empathy is not a virtue of native Bushido, but those who have experienced life abroad, are like night and day compared to native born and raised bubble mentality women; exceptions granted but its my 2 cents.

9 ( +10 / -1 )

Once a woman stick her hooks inside a man, it over, lots of Japanese women get involved with western men out of curiosity ,because they probably not had an emotional intimate relationship with a man an think a western man can fulfill that need, but are disappointed

2 ( +5 / -3 )

*In fact, nearly all of the people I know who have been shifted by the lack of joint-custody in Japan are Japanese. They are the ones the people who suffer the miscarriage of justice in Japan. Because they are 99% of the population.**

and just imagine if all those J fathers had the nads to get up and protest in the 1000s of the injustice the law does to them, maybe the law would change then.

3 ( +4 / -1 )

Once a woman stick her hooks inside a man, it over, lots of Japanese women get involved with western men out of curiosity ,because they probably not had an emotional intimate relationship with a man an think a western man can fulfill that need, but are disappointed

same could be said for any men including Japanese.

-3 ( +3 / -6 )

lots of Japanese women get involved with western men out of curiosity ,because they probably not had an emotional intimate relationship with a man an think a western man can fulfill that need, but are disappointed

thats very true dude, and many of them come from families with obligations, they are not legal but might as well be, and they want an escape from that. Same can be said for us Westerners, truth be told but, there is rarely a reciprocal relationship when it comes to many Japanese; its their way or the high way.

4 ( +5 / -1 )

William77Today  11:02 am JST

And here another dark spotlight from the Japanese “justice” system.

I agree that this is not because he’s a foreigner but such inhumane and outdated way of rule makes suffer local people as well.

Time for changes and reforms,but in order to do so they need younger and more democratic lawmakers.

Like Shinjiro Koizumi, for example? He grew up with his father after his parents got divorced, and Koizumi Senior has never shown any interest in having contact with his third son who stayed with the ex-wife. Bad as this cultural practice is, unfortunately a lot of Japanese themselves seem to see nothing at all wrong with it.

5 ( +6 / -1 )

@Nadege. You’ve got it all wrong. It’s not all your fault though. Your faith and belief in Japan’s Family Court ideals is misplaced though. Being with a Japanese mother is not “nature” and it definitely does not guarantee a positive lifestyle for a child that is of mixed nationality.

If you would take a minute to interview some of the foreigners who have lost their children due to Japan’s family law and a mother’s selfishness, you would discover the saddest, ugliest, and most horrific childhood stories imaginable.

I ABSOLUTELY POSITIVELY CAN TELL YOU! A CHILD WITHOUT ACCESS TO HIS / HER FATHER IS DOOMED here in Japan. The decisions in Japan’s Family Court are arbitrary. It’s a “NEXT PLEASE” system. They are not listening to evidence. They are not interested in hearing of the behavior of a Japanese woman who runs off with the children. There are no independent groups investigating if the decision to cut off fathers is of any benefit to the child. Nobody wants to sift through the mountain of evidence that contradicts their beliefs.

In a nutshell, you don’t know and you don’t want to know. You are not ready to sit down with any of the foreign fathers here and listen to what they have to say.

8 ( +10 / -2 )

custodial issues in divorce actions always are biased towards the ex-wife. Without Joint Custody it would be a slaughter, and that has nothing to do with nationalties. I speak from personal experience. So this is deeper than just another simple J-bashing topic.

custody is normally given to the parent that has the most time to care for the children , which is nearly always the mother, while the father who is normally the higher money earner has to provide monetary support to the ex and kids in most cases as long as both parents are mentally stable joint custody is awarded.

In Japan there is no joint custody period, if mother doesn't want the father to see them regardless if shes telling the truth or not the courts / police will support her.

1 ( +3 / -2 )

People from around the world are beginning to get some more insight about what Japan really is like, especially for those who are not Japanese.

6 ( +8 / -2 )

My practical, in the trenches, advice to this guy, is: 1) hire a lawyer, 2) don't break the law again as it will be used against you, 3) get a good job in Japan and save money, 4) offer to pay your wife whatever she wants within reason in exchange for visitation rights that she is comfortable with, and finally, 5) try to move on with another woman. There are no other good outcomes that I have ever seen in Japan once the situation has progressed this far.

-1 ( +1 / -2 )

The new normal treatment for foreigners now sadly :(

6 ( +8 / -2 )

It was also not clear why he was arrested more than a month after the illegal entry, or why he had been detained for so long. An earlier request for bail was denied on grounds that he could destroy evidence or flee the country.

He's hardly likely to do so while being unable to see his children. If anything he has all the more reason to stay in Japan. That reasoning is nonsense. Poor man

4 ( +5 / -1 )

 arrested on Nov 28 for entering the common area of the building 

Is that really an arrestable offence?

Japan, step back and try to stand in other people’s shoes and at least try to sympathise if you can not empathise. This person certainly did not need arresting. What a waste of time, money and everything else.

5 ( +8 / -3 )

But great for absentee Japanese dads who had no time for their kids before their divorces and certainly can't be bothered with them afterwards. They're the ones who can vote, so no politicians are ever going to care about tiresome foreigners who aren't welcome here anyway and harping on about their ridiculous foreign notions of "individual rights."

Precisely!

5 ( +7 / -2 )

try to move on with another woman. There are no other good outcomes that I have ever seen in Japan once the situation has progressed this far.

the most best advice of all, or you might just be better without a woman for awhile, but trying to win in this situation...forget it. sometimes the most difficult things in life end up being the best for us long run.

3 ( +4 / -1 )

Simon FostonToday  10:57 am JST

showchinmonoToday  10:11 am JST

"Why McIntyre's wife left him taking their daughter and son, now aged 11 and 7, was unclear. Prosecutors said she had claimed physical violence by McIntyre toward their daughter, which he denied, and material presented by the prosecution was dismissed as irrelevant to the trespassing charge.

> So many posters here ignoring this part.

Which part? It's too vague to draw any conclusions from. A bit like your comment, in fact. Are you referring to the allegations of domestic violence dismissed as irrelevant by the court, or McIntyre being held in custody for a month on nothing more than a trespassing charge? Closer scrutiny of this part does not put the authorities in a very good light.

Material related to possible DV presented was dismissed simply because the charge was not about DV, not about divorce nor custody either. Yeah It is too vague to draw any conclusions yet.

-7 ( +2 / -9 )

Destroy evidence of trespassing? Clowns.

7 ( +9 / -2 )

And yet another Reason why Japan ranks near the Bottom in terms of human rights; one and a half months in prison for TRESPASSING? not to mention it was Simply for him looking for his children, who were abducted by his selfish and horrible human being of a wife. The only good news in all this is that she can never really travel again because she knows she could be arrested on charges of abduction, which would be very just and proper.

You know Japan knows it's wrong on this. Just talk about it with someone and Watch them lower their heads in shame if they support it.

6 ( +11 / -5 )

An earlier request for bail was denied on grounds that he could destroy evidence or flee the country.

What? Destroy what evidence? And why leave the country when his crime consists of being here? Ridiculous logic.

7 ( +8 / -1 )

showchinmonoToday  12:17 pm JST

Material related to possible DV presented was dismissed simply because the charge was not about DV, not about divorce nor custody either.

Quite right. It looks like a feeble attempt by the prosecutors to secure a conviction based on character assassination rather than sufficient evidence to support their charges. Never mind that there isn't enough to justify holding him for more than a night, clearly they think they should just lock him up and throw away the key because he is, to quote Peter Cook, "foreign... and is the sort, is the sort, you might well think, to boil up poisonous biryanis in the middle of the night and keep you awake with his pagan limbo dancing."

4 ( +7 / -3 )

Simon FostonToday  12:36 pm JST

showchinmonoToday  12:17 pm JST

Material related to possible DV presented was dismissed simply because the charge was not about DV, not about divorce nor custody either.

Quite right. It looks like a feeble attempt by the prosecutors to secure a conviction based on character assassination rather than sufficient evidence to support their charges. Never mind that there isn't enough to justify holding him for more than a night, clearly they think they should just lock him up and throw away the key because he is, to quote Peter Cook, "foreign... and is the sort, is the sort, you might well think, to boil up poisonous biryanis in the middle of the night and keep you awake with his pagan limbo dancing."

Yeah it looks no more than just looking like it to your eyes only and still too vague to draw any conclusion, meaning there could be enough reason to holding him for a while. Funny most of you guys never presume innocence when it comes to prosecutors.

-9 ( +1 / -10 )

showchinmonoToday  12:45 pm JST

Yeah it looks no more than just looking like it to your eyes only...

Is that right? I don't see anyone else getting on the prosecutors' side here, claiming that their actions appear to be justified.

3 ( +5 / -2 )

Glad it's all over for the lad on a bogus allegation.

Hmm...released after 45 days in detention - I call this "The Ghosn Effect".

8 ( +9 / -1 )

The prosecutors have ‘material’ that wasn’t relevant to the charge of trespassing, but might shed some light on the reason why his wife won’t allow him to see his children

-3 ( +1 / -4 )

"Unlike most developed countries... Japan has no joint-custody system after divorce. All we want is that... Japan join the rest of the civilized world in implementing a system of joint custody." Apparently, even something this basic to the rights of citizens and residents is beyond the concern or capability of the Japanese government... As long as there's no money and no votes in it, they don't care.

4 ( +5 / -1 )

Japan is a real disgrace, now this guy is part of the 99% convicted....for caring about his kids

Talk about CRUEL!!!

9 ( +11 / -2 )

smithinjapanToday  12:29 pm JST

You know Japan knows it's wrong on this. Just talk about it with someone and Watch them lower their heads in shame if they support it.

Although I can imagine some tone-deaf prosecutor making an inane statement claiming at some point it's all in keeping with Japanese legal procedures and as every country has different ways of doing things no one should criticise Japan.

3 ( +4 / -1 )

He must’ve done something wrong to make the wife so vindictive

Breathing and eating and enjoying peace without his wife nagging him.

4 ( +6 / -2 )

Dirk TToday 10:54 am JST

McIntyre was fired from his job as a sportswriter in Australia for a series of deranged posts. Is this a reflection of his mental state? Could it be why his wife is hiding from him. I have no idea. But there is another side to this story.

Of course there is always another side to the story. You're right there, but just exactly what the story is we are not privy to.

And yes he was one of the top football journalists in Aust who had the audacity to voice his opinions about Aust's hallowed Anzac Day and it's, as he perceived, glorification of war. This really rubbed folks the wrong way so he was fired. Calling his call deranged is just pure speculation, but probably his wife couldn't comprehend why he would jeopardize his career over strong personal beliefs. I'm sure in her "perfect" world suddenly cracks appeared. She may have not liked that, but....!

Anyway the gist of what he said is as follows -

The cultification of an imperialist invasion of a foreign nation that Australia had no quarrel with is against all ideals of modern society.

Wonder if the poorly-read, largely white, nationalist drinkers and gamblers pause today to consider the horror that all mankind suffered.

Remembering the summary execution, widespread rape and theft committed by these ‘brave’ Anzacs in Egypt, Palestine and Japan.

Not forgetting that the largest single-day terrorist attacks in history were committed by this nation & their allies in Hiroshima & Nagasaki

Innocent children, on the way to school, murdered. Their shadows seared into the concrete of Hiroshima.

To me he doesn't sound deranged, just a person who sticks to their convictions.

But the sad story is the splitting of the family and his ridiculous confinement for 6 weeks on charges he should have been fined for on the spot and / or given a warning.

Again, whether one likes the term or not, hostage justice rears it's head.

Just confess and you can go free. Confess.

4 ( +6 / -2 )

To me he doesn't sound deranged, just a person who sticks to their convictions.

If we lived in a world where everyone who sticks to their convictions and thereby should not be held responsible for their actions, we would live in anarchy!

1 ( +3 / -2 )

CitizenSmithToday  01:08 pm JST

The prosecutors have ‘material’ that wasn’t relevant to the charge of trespassing, but might shed some light on the reason why his wife won’t allow him to see his children

If the information wasn't relevant to the charges brought then the prosecution had no business wasting the judge's time with it

1 ( +5 / -4 )

Yubaru - yes but his convictions re his anti-glorification of war stance hardly represents anarchy.

Presenting his opinions, while not palateable to some, were not the stuff of blood on hte streets.

But it is possible his views upset his "stable daily world" which caused conflict with his wife.

When you're used to a good income, well respected lifestyle and that disappears then tension can surely arise, esp if one party disagrees with the action.

But at the moment we don't know, other than his wife abducted his children for one reason or another.

5 ( +6 / -1 )

It was also not clear why he was arrested more than a month

He was released on bail last Friday after pleading guilty to the charges.

Not clear? Arrested for more than a month, while inside it can be non stop interrogation, solitary confinement and other things. After several weeks then he plead guilty, that's similar method they try to use to Ghosn. Plead guilty even you are not then get suspended sentence.

5 ( +6 / -1 )

This man's ideas and activities in Australia didn't bode well for a life in Japan. He may be a very difficult man to "get on with".

-9 ( +2 / -11 )

Maybe the Japanese wife had a right to be afraid. A husband killed his wife at the court last year in Tokyo. He was in the same situation.

-11 ( +3 / -14 )

Japan already join Hague convention, not until last year Japan still in the list of Hague Convention Noncompliance .

Implementation and enforcement still long way to go. Where last year Tokyo court judge said that UN treaty was "merely an agreement to respect" those rights but had no binding power.

https://news.yahoo.com/japan-rules-against-divorced-parents-073118512.html

2 ( +3 / -1 )

Why McIntyre's wife left him taking their daughter and son, now aged 11 and 7, was unclear. Prosecutors said she had claimed physical violence by McIntyre toward their daughter, which he denied, and material presented by the prosecution was dismissed as irrelevant to the trespassing charge.

Unproven accusations by the wife, Japanese police fail to conduct investigations followed up by irrelevant presentations by the prosecution - its a biased system.

6 ( +8 / -2 )

Having at one time being concerned that a granddaughter might be whisked away to Asia, I can easily sympathise with the father here. There needs to be a move for the more civilised countries to require that where parents separate and a child is involved, if one parent is from another country and that country is not a signatory to the Hague Abduction Convention, then the judge should make an order that the child may not be taken abroad by either parent without judicial scrutiny, and if it is not approved, then an automatic and immediate "Stop" order should be issued to the Immigration authorities of the residing country. Judges should also have the option of making that order where a country that is a signatory is known not to always comply. This would make kidnapping parents more wary of abduction and taking kids abroad on a "pretend" holiday. But to make this really effective, countries signatory to the Hague Abduction Convention should put pressure through the UN on non-signatory countries to sign the convention.

4 ( +5 / -1 )

@rainyday

Its nice that you've explained it so many times, but you are actually incorrect. The police and prosecutors in this country have a huge amount of discretion to consider factors - including why a suspect committed an offence - at various stages of criminal procedure. In the majority of cases they exercise that discretion to release suspects from detention and not proceed to trial. So it isn't just "detention or bail" (and note that these aren't two choices either but rather come in sequence, first you are detained, then if the prosecutor decides to indict you can apply for bail), but rather "indictment or release (not on bail, but completely free to go)".

I know this is just picking at semantics here, but you and I are on the same page. I meant more along the lines that, once the police have deemed that what he has done has indeed constituted an offence then they follow the predetermined statutes relating to that offence.

You're correct in stating the have a huge amount of discretion and they usually will do so, but in this case it seems that in the end they decided what he did constituted an offence. Hence why I mentioned it's probably not the first time doing it.

And yes, my wording was incorrect; Indictment or release. In this case he was indicted and for a trespassing offence that means being held. The discretion that is exercised by the police here was to proceed to indictment and trial.

1 ( +1 / -0 )

The new normal treatment for foreigners now sadly :(

It's not new, and it's probably going to get worse now it's been exposed in the international media

6 ( +7 / -1 )

Surely the Authorities in all countries have an obligation to look after their own citizens rather than those of other countries. That's what seems to happen in these cases in Japan.

-6 ( +2 / -8 )

So sad to hear his stories and many more Japan really has to get with the program...After me and my Japanese wife got divorced she was more than happy for me see the kids anytime so I was pretty lucky and we actually still talk to each other time to time.I know many who have been totally screwed over by the system here and some that are trying their hardest at the moment to get access to their kids the children suffer the most in the end run Japanese women can be very vindictive and childish.

9 ( +10 / -1 )

and why has the US Embassy removed info on Japan's abysmal record of child abductions from its website?

I urge all nations to include this info on their websites to forewarn its citizens of the potential risk they may encounter with their Japanese spouse and children.

11 ( +13 / -2 )

As time passed and I got better and better at detecting sincerity (very important in Japan) and just generally becoming more wise from experience

THIS

4 ( +5 / -1 )

Japanese women can be very vindictive and childish.

Truth. My ex claims I owe her about 10 million yen. She knows she received the payments.

4 ( +6 / -2 )

seadog538Today  03:24 pm JST

Surely the Authorities in all countries have an obligation to look after their own citizens rather than those of other countries. That's what seems to happen in these cases in Japan.

I think that they are also obliged to treat everyone equally under the law, but I am pretty sure that the police also lock Japanese people away for as long as they please on flimsy pretexts.

4 ( +5 / -1 )

This article and some commenters only mention that he trespassed into the coin area of the apartment building. Other sites mention more, such as that the Judge said the evidence confirmed McIntyre repeatedly called on the intercom and refused to leave despite warnings from police.

Invalid CSRF

0 ( +2 / -2 )

Educator60Today  04:21 pm JST

This article and some commenters only mention that he trespassed into the coin area of the apartment building. Other sites mention more, such as that the Judge said the evidence confirmed McIntyre repeatedly called on the intercom and refused to leave despite warnings from police.

It still doesn't sound like sufficient cause to keep someone in police custody for a month and a half, let alone take them to court and give them a suspended prison sentence.

JapantimeToday  02:26 pm JST

Maybe the Japanese wife had a right to be afraid.

Pure speculation. If she had reason to be afraid, I would have thought the article might mention charges pressed or her efforts to get protection from him, like restraining orders.

8 ( +8 / -0 )

NadègeToday  

JAPAN CHOICE IS THE BEST FOR CHILDREN

I am sorry but that has got to be one of the worst excuses I’ve ever heard. The children are not property of either parent, they’re not possessions or objects to show off, you give them life, you give them love and attention, you raise them properly and then you let them go when they’re of age or ready, but you can’t say this is the best system. How about asking what the children want? Not every child wants to be with the mother or even has a good relationship with the mother, some children have a better relationship with the father, it’s a case-by-case situation and all factors should be carefully looked at and taken into consideration, not just the mother to determine the entire outcome. What happens if the mother is a complete psycho then what? The father is not just a sperm donor and even when you talk about foreign fathers, they have just as much equal rights to see and be with their child, if they have not broken any serious laws in Japan and followed the system during the entire time they were married or after being divorced, they should have that right. Joint custody is always the best way to go because that way you involve everyone that is related to the child, you make it fair for both sides, in not doing so, you’re basically (in most cases, the man is really nothing, worthless) but these old archaic outdated laws absolutely need to be changed. Because of laws like these, it explains why a lot of children that live in single homes often have serious emotional and social problems. No real counseling, no way for the child to express his or her emotions or behaviors in a constructive way as to how to deal with these problems. Divorce is a serious issue and when you have children involved it is definitely not easy, but stripping the rights away of one parent in favor of another parent is absolutely the wrong way to go.

15 ( +15 / -0 )

That is totally disgusting!!! 7 and 11 years olds 250 days not to be allowed to see their father???? That is extremely barbaric and heartless!!! Is this Omotenashi in Japan???? Why 130 million citizens of Japan don't protest, don't change this moronic laws and regulations? 130 million heartless naive fools!!! Disgusting!!!

11 ( +12 / -1 )

I might as well add that my Spanish colleague's Japanese ex-wife let their daughter go on holiday to Thailand with him over New Year... until she found out his new girlfriend was going too. His daughter was so upset, she was so excited about it. His ex-wife never said it was explicitly because of that, but she didn't mind just him and his daughter going round Spain for a month sooooo....

His daughter is only 16 but she asked to go to school in the UK because obviously she really enjoys being around her mother and people like her. She's there now and enjoys life much more apparently

0 ( +0 / -0 )

"It was also not clear [...} why he had been detained for so long. An earlier request for bail was denied on grounds that he could destroy evidence or flee the country."

It seems there's a sort of Ghosn effect here: who would have noticed this sad story and what it tells about the japanese judicial system until recently?

4 ( +4 / -0 )

coin area — common area

Typing at bus stop with sun in eyes and cold wind blowing, not the best idea.

Solzasco, “It seems there's a sort of Ghosn effect here: who would have noticed this sad story and what it tells about the japanese judicial system until recently?”

Plenty of us have been noticing similar stories for many years.

Invalid CSRF

3 ( +3 / -0 )

@sakurasuki. Plead guilty even you are not then get suspended sentence.

Yes, I've noticed this trend as well. The court system in Japan seems to reward people who plead guilty and sets them free rather than finding the truth. I guess it is simpler and less risky for the careers in the bureaucracy. That's what judges are in Japan civil servants who used to be prosecutors.

6 ( +7 / -1 )

What is the definition of trespass in Japan? If he accessed a common area and was likely to commit an offence or refused to leave after being told to by a resident/Police etc I can understand.

Destroy evidence???

I really hope Japan reviews their custody laws, not fair on the kids most of all.

7 ( +7 / -0 )

Runfast1, I'm a father in America who does not see his daughter who lives with her mother in Tokyo. A little of my soul dies every day.I love her and miss her so much...Run like a Kenyan! Naban.I hope I see her before I pass on .Her child support and college money are in America banks under her social security number.

8 ( +8 / -0 )

Osaka_DougToday  06:13 pm JST

That's what judges are in Japan civil servants who used to be prosecutors.

No, they're not. At least not usually. They might have been attorneys or prosecutors but usually they're people who have qualified straight out of university as Assistant Judges and been promoted.

2 ( +2 / -0 )

I think if my wife divorced me she’d want me to have the kids. It’s just her nature. Luckily nothing happened. The kids are now over age, living at home. Never perfect but peaceful.. thank God.

4 ( +4 / -0 )

Japanese Justice for you...

5 ( +6 / -1 )

I am in a similar situation since January 2013. Unable to see my sons. Court decided on one 3 hour visit each month in March 2016. At first it still didn't happen but since the beginning of 2018 the younger son usually visits for the 3 hours. I have not seen his brother since May 2017. Family court communicate with my wife, she replies, says she will do certain things and they close the case without waiting to see whether she does what she said. Which she doesn't. I think the lawyers who work for the wives know exactly how to use the family courts, advise them what to accuse the husband of if they want to be officially separated from him. However there is one other issue not covered here. The money that the husband has to pay to the wife each month (120,000 yen in my case) cannot be put down as an expense on the tax form. This means even though I have a negative net income I am taxed on my gross income.

7 ( +7 / -0 )

Thats a pretty low down thing to do to somebody, deny them access to their children. Backwards and barbaric; cant even begin to imagine the pain and suffering that would cause.

Wonder why the international courts, Hague, etc have not pressured Japan to change such a gross human rights violation?

3 ( +3 / -0 )

TheLongTermerToday  10:11 pm JST

Thats a pretty low down thing to do to somebody, deny them access to their children. Backwards and barbaric; cant even begin to imagine the pain and suffering that would cause.

Wonder why the international courts, Hague, etc have not pressured Japan to change such a gross human rights violation?

I don't think it's a matter of actually changing any laws. I believe judges will award custody to only one parent, usually the mother, but stipulate that the other parent should also see the children. However this stipulation is not enforced as the police don't want to get involved in domestic issues so mothers can keep children from their fathers if they want to. It's probably a surprise to the police that there are actually divorced fathers who want to see their children.

3 ( +3 / -0 )

Following in love with an Japanese woman is the easiest thing to do, their no guarantee the Japanese woman is gonna love, they got laid and birth children into world, it obvious they once had some kind of emotional intimacy,their is an old saying, Where has the live gone, I want too know

-2 ( +1 / -3 )

I saw this on Australian news last night. You should have seen the tirade of disgust against the Japanese system let out by his parents (the children's grandparents). This is just another incidence of the Japanese injustice system forcing a confession through extended incarceration.. In the words of Carlos Ghosn, "I'm done with Japan!"

9 ( +11 / -2 )

Well done Scott for having the integrity to stand by your principles. Entering a common area of an apartment building is hardly a serious crime so sounds like you were discriminated against cos you are a foreigner. It’s inhumane inside the Japanese police station and they treat us like animals.

Having been through a divorce with a spiteful Japanese woman who used the kids as a weapon I can totally empathize with your situation. I hope your situation will turn around soon

6 ( +9 / -3 )

He seems to be typical of the types who comprise what passes for "The left" in Australia these days. Full of indignation,anger and vituperation for anything or anyone who does not meet with his approval.

-7 ( +2 / -9 )

seadog538Today  03:46 pm JST

He seems to be typical of the types who comprise what passes for "The left" in Australia these days.

I suppose you think that's a good enough reason for the Japanese authorities to do what they please with him.

4 ( +4 / -0 )

It was also not clear why he was arrested more than a month after the illegal entry, or why he had been detained for so long. An earlier request for bail was denied on grounds that he could destroy evidence or flee the country.

That's their reasoning for everything!

(a) What's there evidence to destroy?! It's a trespassing charge! (And any evidence should already be in police custody anyway - are the police so slow to collect evidence)

(b) Why would he flee the country when his intention is to look for his children? If he flees the country, he can kiss that goodbye

1 ( +3 / -2 )

It's interesting that he's complained that he was sharing a cell with a murderer ---perhaps he thinks that prison inmates should be able to choose their cell mates.

-6 ( +1 / -7 )

The dummy could have saved himself most of the month by quickly confessing. He can't escape. He has been caught in flagrante violation and charged of violating Article 130.

A person who, without justifiable grounds, breaks into a residence of another person or into the premises, building or vessel guarded by another person, or who refuses to leave such a place upon demand shall be punished by imprisonment with work for not more than 3 years or a fine of not more than 100,000 yen.

He can't deny he has entered the building, can he? Intentionally. That satisfies the formal requirements.

As for substantiveness and justifiable reasons, he may think that trying to see his kids count, but it actually works against him. The crime's defended legal interests are (by academic commentary and judicial practice) the right of control (管理権) and secondarily the right to peace (平穏権). Unlike any visitors or regular outsiders who are tolerated in the common area, he is clearly an unwelcome presence for at least one tenant or owner and thus the right of control works to keep him out, and he can reasonably foresee this. Further, if he actually gets into contact with the kids, it would cause conflict and thus infringe the right to peace as well. The more so if he refused police orders to leave.

He is completely black on this question. I'm surprised his lawyer did not tell him that. Did he ignore the legal advice? Heck, the prosecutor or police can tell him that. Once the law is clarified for him, he should easily understand the only path for him is to throw himself at the mercy of the system.

-1 ( +2 / -3 )

Kazuaki ShimazakiToday  10:23 am JST

The dummy could have saved himself most of the month by quickly confessing. He can't escape. He has been caught in flagrante violation and charged of violating Article 130.

Still no excuse for holding someone in custody for so long. It seems that he was caught red-handed so surely the police shouldn't have needed to spend a month waiting for a confession. If the custodial procedures were at all sane he would have been charged within twenty four hours and released on bail pending a trial.

I'm surprised his lawyer did not tell him that. Did he ignore the legal advice?

I would be more surprised if he actually had much access to lawyers or legal advice.

1 ( +2 / -1 )

seadog538Today  08:25 am JST

It's interesting that he's complained that he was sharing a cell with a murderer ---perhaps he thinks that prison inmates should be able to choose their cell mates.

That's a very lazy inference. Who would ever think something like that? More likely he wanted to imply that there was a serious risk to his safety or that the police saw his crime in the same light.

3 ( +3 / -0 )

Simon FostonToday  10:53 am JST

It seems that he was caught red-handed so surely the police shouldn't have needed to spend a month waiting for a confession.

Well, at least in this case. the confession is good for both sides. It avoids the mess of the defense trying "fact-jamming" - you know, the type where you know you did it but your lawyer still goes all "With which eye did you see me doing it". Or how are you going to prove I did it intentionally? Given this case, it can be dealt with, but it eats up time and resources.

On the defendant side, it allows at least some notation of repentance to be inserted into the record. It's not even inconceivable that if he had confessed before his 23 days cut out (the sooner the better) he might have gotten a kiso yuyo rather than a criminal record. As it is, the fact he spent a month in the slammer might have been the margin between a suspended sentence and a sentence with real time.

As a third-party watching this, it is one thing to try defending if there are real points of law or fact you can dispute, but this is basically refusing for the sake of refusing.

I would be more surprised if he actually had much access to lawyers or legal advice.

These days, if you ask for a lawyer, they'll let them meet, especially since this guy has consular assistance.

-1 ( +1 / -2 )

Kazuaki ShimazakiToday  01:44 pm JST

Simon FostonToday  10:53 am JST

Well, at least in this case. the confession is good for both sides. 

Why's it good for the police and prosecutors? It looks like they had enough hard evidence to secure a conviction without a confession and I don't really see what defense lawyers could have done for him other than ask for leniency.

0 ( +0 / -0 )

@Do the Hustle: please know that J-men are also abducting children. It’s not just J-women doing this. It’s a nation-wide issue that has to stop. The Japanese need to stop being encouraged to “legally” abduct our children.

Joint-custody is 1-solution but educating the public is key! Both emotional and physical abuse on the child/children is the crime here. Our children are Japanese-(and another nationality) that are not only often ripped from their home and environment but also their identity, dual language and other parent.

No matter the reason for dissolving the adult-relationship, there’s no justification for abduction- especially ones guided and supported by lawyers, police, state and government officials! Appalling!

Japan needs to be ashamed of itself!

3 ( +3 / -0 )

@Meiyouwenti

Really? More needs to known about this Australian?

Fact: his wife abducted his children. Lawyers/police and inlaws have NOT offered any information as to how the children are, where they are and/or when he can see them.

What more information does a person need? I don’t care about the relationship between the 2-adults. I care about the kids!

Imagine: you’re a stay-at-home parent 1-day, and BAM! The next day, your child/children are gone!

0 ( +1 / -1 )

"McIntyre said he had shared a tiny cell, which was lit day and night, with a convicted murderer who was appealing against his sentence. Conditions there had almost driven him “insane”, he told the Guardian during an interview at the detention centre earlier this month."

Ghosn didn't have a cell mate so the foreign press claimed he was in solitary confinement.

-4 ( +2 / -6 )

Ghosn didn't have a cell mate so the foreign press claimed he was in solitary confinement.

He was in solitary confinement. What's your point?

1 ( +1 / -0 )

@therougouToday  07:46 pm JST

He's saying Damned if you do, damned if you don't.

1 ( +1 / -0 )

It's not a claim though, it's a fact and was reported as such. And neither solitary or rooming with a murderer are ideal situations, anyway.

0 ( +0 / -0 )

My 2 children were abducted to Japan 8 1/2 years ago and I have been denied contact by this maligned government to this day. Japan suggests just forgetting about my children but I refuse. Something must change. This is infinitely harmful to both children and parents. This is a US State Department case but to date they have been powerless. I pray no one ever experiences a neverending nightmare as I have.

5 ( +5 / -0 )

This country will be always on the side of the Japanese mother and father and you better have evidence that is rock solid and or you have zero hope.

4 ( +4 / -0 )

In New Zealand I paid $121,00.00 over a 21 year period in Child Support.

During this time I had 1 person fired and 4 removed from the department for ABUSE.

The most extreme example was a person who decided to compound my arrears by 10% per day.

When this was eventually noticed by the department, I had a $127,000,000.00 bill.

Why was I in arrears? I was a seasonal worker, unable to generate a 12 month income, I was still

expected to pay my monthly contribution. When fully employed I had to pay double the monthly

amount to catch up. Loose loose situation.

2 ( +2 / -0 )

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