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Court rules in favor of French man's wife over child custody rights

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Sad to see nothing positive has come of all that.

44 ( +49 / -5 )

The abductor virtually always wins in Japan, even when the abductor makes false claims of domestic violence, as the court recognized had occurred in this case.

In fact, no palpable change has taken place since the international abduction of the child of Murray Wood in 2004 or the domestic abduction of the Richard Cory children in 2010.

Last month, Japan’s Justice Ministry announced plans to propose a choice of joint parental authority for divorcing parents. A choice of joint custody is a step in the right direction, but couples divorcing in Japan 20 years ago could willingly choose to co-parent. One parent would receive full custody and simply allow the other parent to remain involved. Some parents have chosen that route. A problem remains, however, when a distressed divorcing parent desires to remove the other parent from the child’s life. That distressed parent is not going to choose joint custody.

In 2011, Time magazine published an article titled “Japan is a Haven for International Child Abduction.” In the decade since, Japan has ratified the Hague treaty (2014) and is now exploring a choice of joint custody (2022). However,* **in practice*** Japan unfortunately remains a haven for child abduction — domestically and internationally**.

19 ( +40 / -21 )

I have been a juror ,in child custody case,you hear, every lie under the sun

5 ( +20 / -15 )

This selfish woman, in denying the children any access to their father, has almost guaranteed they will not grow up to be "normal" adults. It's all about her. She is a very poor mother.

50 ( +69 / -19 )

Presiding Judge Yasushi Ogawara said, however, the woman should let Fichot see their two children and asked the couple to discuss what is best for the children.

What kind of a legal system is this? Wow, thanks judge! Chances of that happening are zero. How about a ruling that although she has custody, she is legally required to let the guy see his kids?

And what is best for the children? Their mom is an international fugitive! Ya, let's make sure they stay with her forever.

27 ( +42 / -15 )

Is anyone surprised?

I did get custody there were very serious reasons, I will not go into details but one can deduce if a man especially a Gaijin man was given custody there were some serious problems.

But what hit me was my country's reaction.

Despite my sole custody under Japanese law, Canada refused to issue passports and permit the children from entering the country.

This was because of the Hague convention and Canada applies dual custody rules when the other country is not signatory so Canada would not recognize Japan's court sole custody.

That brings us to today's ruling:

Japan does not recognize joint custody of children after parents' divorce.

Since my divorce now more than 2 decades ago, Japan has signed the Hague convention and under the convention must now follow the rules set in it, and dual custody is the defacto arrangement and preferred arrangement unless extenuating circumstances force otherwise.

So as usual we have an international agreement which only idiot countries like mine follow and enforce while the rest like Japan ignore their agreement.

It isn't just Japan Germany is the other big offender delaying trials for years then saying "yes the child should be returned but it has been too long and better not to upset the child so it stays with the German parent in Germany" .

These agreements are Hollow and useless we need to scrap them as they give false hope that laws apply and you and the children have protection, you don't!

1 ( +25 / -24 )

Pathetic and disgraceful.

18 ( +34 / -16 )

Of course.

Would you expect anything DIFFERENT in Japan?

17 ( +32 / -15 )

In the west it is the mother that usually gets custody of the children unless there is a history of child abuse. But at the same time, father usually has visiting rights and a right to make decisions on their upbringing, which is not the case in Japan.

4 ( +15 / -11 )

What kind of a legal system is this? Wow, thanks judge! Chances of that happening are zero. How about a ruling that although she has custody, she is legally required to let the guy see his kids?

Well here is the interesting thing.

If this was family court, there are no enforcement capabilities.

Yes that is right family court can order visitation but if the parent doesn't comply there is nothing the family court can do.

Until the divorce is final the non custodial parent's wages can be taken as child support, after divorce child support is decided by family court and can be ignored as again no enforcement capabilities.

So in theory he could grab the child and hide then in a few years the courts will say the child is settled so remains with him ( don't ever do it if you are a Gaijin or for any reason not good for everyone) I know Japanese that have done this both men and women.

Once my divorce was final despite child support granted by family court, I never saw a single yen and despite multiple warnings my ex just ignored because the family court has not legal criminal power.

The only option is to proceed in civil court and sue.

9 ( +13 / -4 )

State sponsored Kidnapping is what this is.

This story is too close to home, I know people who experienced the same and ended up being dragged to Japan to be near their kids.

Their Japanese wife took off with their 2 American born kids ages 3 and 5 and never returned. Then he ended up moving to Japan to be near his kids, giving up his home, his business, and his family.

17 ( +35 / -18 )

Good. The woman has the right to a divorce. He cannot stop her. If he want to see the children, then he should talk it out with her and settle something behind close doors. And not drag both country into this when he went on a hunger strike as if he hasn't done something wrong to cause the marriage to become like this. To run away from a marriage and refuse to let the kids see you, there has to be some serious things going on.

-54 ( +5 / -59 )

Why not write a more accurate title to the article?

Instead of

Court rules in favor of French man's wife over child custody rights”

More accurate headline would be…

Japanese Court rules in favor of Japanese wife over child custody rights

13 ( +31 / -18 )

Hiro

Today 07:30 am JST

Good. The woman has the right to a divorce. He cannot stop her. If he want to see the children, then he should talk it out with her and settle something behind close doors. And not drag both country into this when he went on a hunger strike as if he hasn't done something wrong to cause the marriage to become like this. To run away from a marriage and refuse to let the kids see you, there has to be some serious things going on

Yeah right!

Funny I have been in Japan over 30 years, I know a lot of divorced Men and women both Japanese and non Japanese.

The run and take the child and hide is the go to method when one parent thinks the other will fight for custody.

That is how it is done in Japan, the first to take the children gets to keep the children.

You grab you run you hide. In a few years the courts say " well children are settled in their new environment so they remain".

Every Japanese person I know knows this.

7 ( +24 / -17 )

This is a messed-up part of Japanese law. Not surprised that custody was given to the Japanese national. It is time that Japan recognizes that kids need access to both parents whenever possible. If they don't, this problem of abduction back to Japan will continue to happen.

-3 ( +13 / -16 )

If you marry someone with the mind of a child you can expect them to act in a childish manner. Choose carefully!

2 ( +23 / -21 )

Let’s look at the case objectively. The woman and her children ran away from the wife-beating husband and would like to continue to live together in peace. At least the court granted the Frenchman the right to see his children. He needs to learn to be a good loser.

-44 ( +4 / -48 )

This should be a lesson for all who are in love and about to make that decision,

Japan does not have Joint Custody, Japanese Family Courts will almost always award the kids to the Japanese partner regardless. Even if pay child support there is NO guarantee that you will be able to spend enough time with the kids.

My advice is this, if your wish to have a family and migrate or live in Japan!! go back home, get married, bring your wife to japan or find your home girl in Japan if you can!! and good luck with that.

What ever you do make sure if you are going to have kids in Japan be prepared to face what Mr. Vincent Fichot faced.

0 ( +14 / -14 )

How convenient that Japan doesn't recognize joint custody of children after parents divorce.

That's despicable.

It was proven that she wasn't subjected to domestic violence so yes she should have been charged with kidnapping.

A horrible selfish woman that has children -but she's not a mother.

The worst thing for children is to be separated from their parents.

9 ( +23 / -14 )

I've not been ripped away from my kids so I don't know how it feels.

Honestly, I would just move on. Life is too short to waste it fighting.

-16 ( +5 / -21 )

Look of foreigner hook up with Japanese women,and lots of Japanese women hook up gaijin ,then the novelty of the relationship , become stale

-13 ( +8 / -21 )

@Meiyouwenti

Let’s look at the case objectively. The woman and her children ran away from the wife-beating husband

Why do you insist on calling this man a “wife-beating husband”? The article clearly reports “the court did not recognize that abuse occurred.” You are certainly not being “objective”!

28 ( +30 / -2 )

Remember this Quote from Indiana Jones the Last Crusade

But choose wisely, for while the true Grail will bring you life, the false Grail will take it from you.

-2 ( +6 / -8 )

"In 2011, Time magazine published an article titled “Japan is a Haven for International Child Abduction.” In the decade since, Japan has ratified the Hague treaty (2014) .."

> I think this case is not international child abduction and it is not subject to the Hague treaty because the children were born and raised in Japan. There was no abduction across borders and the children are Japanese citizens.

Japan sign the Hague convention and under that agreement Japan had (I think 5 years) to adjust its laws to conform to the convention.

It has been far more than the agreed time and Japan has not done a single change under the agreement, dual custody and visitation rights are specifically part of the convention but here we are far far far past the compliance date and the Japanese courts are still using sole custody.

Time to treat non compliant countries with penalties.

8 ( +14 / -6 )

The wife cannot live with the husband anymore.

What should she have done, go by herself and leave the kids?

-27 ( +2 / -29 )

MeiyouwentiToday 07:41 am JST

Let’s look at the case objectively. The woman and her children ran away from the wife-beating husband and would like to continue to live together in peace. At least the court granted the Frenchman the right to see his children. He needs to learn to be a good loser.

It seems that you have no clue of the case, for fact : "The woman claimed she suffered domestic violence while they lived together, but the court did not recognize that abuse occurred." Garanteed if the court in Japan didn't recognize abuse, there was no abuse.

18 ( +20 / -2 )

If you were the judge to whom would you award custody?

-21 ( +0 / -21 )

Fichot, meanwhile, told reporters in Tokyo that he will continue to fight for the right to see his children.

Last month the Ministry of Justice moved to push for joint custody legislation. A proposal will be made this August. It may affect his case.

離婚後の共同親権を提案へ 法務省、法制審部会に 8月にも試案

2022/6/20 07:05

https://mainichi.jp/graphs/20220620/mpj/00m/040/014000f/2

6 ( +6 / -0 )

Typical of the sexism that exists in Japan.

-9 ( +8 / -17 )

Just don’t marriage with a Japanese, just don’t make a life in Japan. As a foreigner you are an easily discarded object. Accept that and move on.

-7 ( +16 / -23 )

Any system relating to parents divorcing should not reward confrontation. It should not bring out the worst in people.

2 ( +4 / -2 )

Kidnapping isn't a crime here?

Is what she did kidnapping?

-14 ( +1 / -15 )

On behalf of all other foreigners who have suffered similar rulings in this country - (Bleep) the Tokyo Family Court.

6 ( +12 / -6 )

s what she did kidnapping?

yes

5 ( +14 / -9 )

Then charge her with kidnapping

-12 ( +2 / -14 )

From the article

Fichot, 40, married the woman in 2009 and the two had been living in Tokyo. She ran off with the children in August 2018.

-1 ( +6 / -7 )

He should abduct them and secretly take them back to France, an eye for an eye!

4 ( +10 / -6 )

So Aly,

If you were the judge who would you award custody to?

-7 ( +0 / -7 )

And if Japan isn't willing to extradite one of their nationals to France to face French charges, then France should do the same

> Just saying.

Here is another agreement Japan sings then disregards

In my 30 plus years here I have not seen a single case where a Japanese was extradited to another country including those they have agreements with.

The courts have consistently said extradition violates the Japanese person's rights.

Now foreigners have been extradited to another country because as I pointed out many times, the Japanese construction does not apply to non citizens.

So agreement or not no Japanese will ever be extradited.

6 ( +12 / -6 )

If you were the judge who would you award custody to?

to the father.

Court already decided that the mother was lying about the spouse abuse.

She’s lied in court and she abducted her own children. Yes definitely I would award custody to the father

3 ( +17 / -14 )

ian

Today 08:34 am JST

Kidnapping isn't a crime here?

> Is what she did kidnapping?

Good question!

When an American man came to Japan to take his daughter back to the USA where she lived under joint custody but the mother took her.

The authorities couldn't change him with kidnapping, so they arrested him under an Edo period law on trafficking in female children for prostitution, just long enough for the Japanese mother to collect the child and vanish back into Japan.

It is state sponsored and condoned parental abduction.

8 ( +17 / -9 )

If he want to see the children, then he should talk it out with her and settle something behind close doors.

@Hiro

Have you ever met any women? If she wants you out of her life then that is the end of the discussion. Period.

You cannot negotiate with someone who does not want to listen.

Accept that she only loves you for what you can do for her, not who you are, and if you ever stop being useful, you can kiss goodbye to your kids.

17 ( +19 / -2 )

Court already decided that the mother was lying about the spouse abuse.

You mean you decided, so I understand your decision.

Like the kidnapping.

-18 ( +1 / -19 )

You mean you decided, so I understand your decision.

No the court said there was no evidence whatsoever of domestic abuse

Like the kidnapping.

Well if it’s just me why is France issuing a warrant for her arrest?

4 ( +16 / -12 )

ian

Today 08:49 am JST

Court already decided that the mother was lying about the spouse abuse.

> You mean you decided, so I understand your decision.

> Like the kidnapping.

In the article:

The woman claimed she suffered domestic violence while they lived together, but the court did not recognize that abuse occurred.

So if the court did not recognize abuse and she in court claimed abuse then the logical conclusion is the courts believe she was lying, otherwise they would have accepted the accusations of abuse.

We call it simple logic.

10 ( +14 / -4 )

Looks to me like he hasn’t read the article thoroughly

7 ( +9 / -2 )

No the court said there was no evidence whatsoever of domestic abuse

They didn't say that

-24 ( +2 / -26 )

They didn't say that

yes they did

20 ( +22 / -2 )

Well if it’s just me why is France issuing a warrant for her arrest?

I didn't say it's just you.

And France issuing a warrant means yes, it's a crime there.

But not here.

Which is why she's not extradited.

Isn't that what we're talking about?

-17 ( +1 / -18 )

As my divorce lawyer explained.

Rules in custody in Japan.

First, never move out leaving the spouse and the children until after the divorce or custody has been decided.

By moving out leaving the children you are considered to have automatically given custody to your spouse.

If possible get them to move out without the children, the above will apply and you get the children.

Two: if the situation is harmful to you and or the children and you have the means, Run ( like this woman did) hide, ( in Japan or you will find your country will enforce the Hague convention) if you can stay hidden long enough ( usually about a year or two) then the courts will probably say the children are adapted and stable so they remain where they are ( with you) .

Anyone will to argue these points good luck, I am a caucasian man was out of work and still got custody of my 2 very young children at the time, my lawyer knew what he was saying.

14 ( +19 / -5 )

the woman should let Fichot see their two children

Perhaps the nuance was lost in translation, but "should" is a fatally weak modifier here.

4 ( +4 / -0 )

I didn't say it's just you.

You didn’t?

You mean you decided, so I understand your decision.

Like the kidnapping.

9 ( +9 / -0 )

We call it simple logic.

That's what I call it too.

-14 ( +0 / -14 )

I never want to hear another complaint from Japan about North Korean kidnappings ever again.

This is exactly the same.

Disgusting, and heartbreaking.

-2 ( +16 / -18 )

Was there any doubt this would be the verdict? She used the catch-phrase ‘I fear violence’ in her defense. Case closed!

9 ( +10 / -1 )

I didn't say it's just you.

You didn’t?

You mean you decided, so I understand your decision.

Like the kidnapping

I agreed that's it's also the France's stance right?

Not to mention we both know probably everyone else feels the same.

It's not just you

-12 ( +0 / -12 )

They didn't say that

but the court did not recognize that abuse occurred.

in other words she couldnt provide evidence she was abused, so the court didnt recognise her claim

6 ( +7 / -1 )

in other words she couldnt provide evidence she was abused, so the court didnt recognise her claim

Yep she couldn't provide adequate evidence

-14 ( +0 / -14 )

I agreed that's it's also the France's stance right?

Not to mention we both know probably everyone else feels the same. 

It's not just you

then What are you arguing with everyone on this thread for?

3 ( +7 / -4 )

A very wise decision by the court.

-18 ( +1 / -19 )

Yep she couldn't provide adequate evidence

Which does not mean that the abuse did not occur. It means that there was not enough evidence to prove it in court.

-10 ( +1 / -11 )

@ian

Is what she did kidnapping?

As you may know, Ian, Japanese spouses often flee with the children of the marriage to the parental home of the Japanese spouse. That is a method often used to sever contact with the other parent, and it is not illegal.

However, a foreign spouse usually doesn’t have parents living in Japan. And these foreign spouses have been detained/charged when fleeing with their children to hotels, homes of friends, and even homes of family members overseas.

So Japan basically has a system that facilitates the separation of children from a non-Japanese parent by a Japanese parent.

Custody orders are not issued until years later, and courts virtually always grant custody to the abductor so as not to disrupt the life of the child any further. But is the abductor always the best person to raise a child?

4 ( +12 / -8 )

then What are you arguing with everyone on this thread for?

I'm not arguing with everyone

-12 ( +0 / -12 )

@Hiro

Good

There has to be some serious issues going on

Well ironically you are not one to blather about what these parents should or shouldn't be doing .

As it's completely obvious to me you yourself have direct experience with a very similar situation and are no longer married and the children live with their mother.

Anyone can be a father but it takes a real man to be a dad.

-8 ( +2 / -10 )

I'm not arguing with everyone

Good

0 ( +2 / -2 )

Well I don't even want to touch that

Fine We won’t go there

-1 ( +1 / -2 )

. But is the abductor always the best person to raise a child?

I prefer not to use abductor in this case (even if it is indeed the case, too emotionally laden) but Antiquesaving already answered that question

-12 ( +0 / -12 )

Despite my sole custody under Japanese law, Canada refused to issue passports and permit the children from entering the country.

This was because of the Hague convention and Canada applies dual custody rules when the other country is not signatory so Canada would not recognize Japan's court sole custody.

Canadians here aren't going to like reading this that they to have/had backwards laws. All I hear from them is how they are the most tolerant and open-minded country in the World.

-3 ( +2 / -5 )

Canadians here aren't going to like reading this that they to have/had backwards laws. All I hear from them is how they are the most tolerant and open-minded country in the World.

Yeah until they realize all the stupid agreements we signed and rules and regulations mess their lives up.

My cousin was offered a $150,000 a year job in Vancouver ( making $40,000 in Montreal) her deadbeat ex husband on welfare blocked her as she needed his permission to move to Vancouver with the children and the courts agreed under the convention rules.

So if your country has signed the Hague convention, understand you cannot go home with the children alone unless you have written notarized permission from the other parent or a court order.

Some countries like Japan do not enforce this on their own citizens.

3 ( +8 / -5 )

Japan is a Black hole or child abductions!

-3 ( +13 / -16 )

mothers have all the rights in Japan. If you marry a Japanese woman? Make sure you have passports from your own country!!

-3 ( +10 / -13 )

Steve

Today 09:50 am JST

mothers have all the rights in Japan.

Incorrect, money power play a big role, former PM Koizumi, took his 2 sons left his pregnant wife had his sister raise the 2 boys.

His wife ( ex later) never again saw her 2 sons and He never once saw his 3rd son until they crossed paths on a tv show.

If you marry a Japanese woman? Make sure you have passports from your own country!

This will not help if your country is part of the Hague convention and enforces the rules.

You may have the children's passport but without the 2 parents present, you will need notarized permission to enter your country.

And if by chance you do get in , your spouse can file parental abduction charges in your country and the children will be returned to Japan (again this is if your country is signatory to the convention).

As I pointed out Japan signed but doesn't apply the Hague convention sadly our countries do and we get the short end of the stick.

1 ( +4 / -3 )

The hypocrisy lies in The Japanese legal system favoring and harboring an international fugitive when it’s a Japanese citizen (the mother) but in the same breath, condemn another nation for not returning an international fugitive (Ghosn).

You can’t expect to be taken seriously as a nation when your legal system is this full of hypocritical practices.

exactly!!

-9 ( +6 / -15 )

Is anyone surprised? Japan lives in a Draconian dystopia, abusing women's rights/equality, until it involves a foreign spouse, then they are given protection as much as necessary.

Tie this in with the old-boy-rulings of one particular city office in the news yesterday, barring women from wearing jewelry at work as well as enforcing dress codes for both men and women, and it's plain to see that nothing has changed in Japan over the last several decades.

As long as there are old men stuck in their ways allowed to preside over societal standards, nothing will change for women, foreigners or anyone who wants to make a difference.

-5 ( +7 / -12 )

ianToday  08:36 am JST

Then charge her with kidnapping

Did you bother to read the article? The French government issued an international arrest warrant.

9 ( +10 / -1 )

How sad the acrimonious breakdown of marriages and subsequent disputes that harm the children the most.

Unless one parent is clearly violent, negligent or in some way utterly unfit to parent then the courts should put decisions re separation, divorce and child visitation or shared custody issues squarely back on the couples themselves to work out.

-2 ( +2 / -4 )

The foreigner always seems to lose these court cases?

And these are the ones that get publicity

How about the many that don’t?

-7 ( +4 / -11 )

The hypocrisy lies in The Japanese legal system favoring and harboring an international fugitive when it’s a Japanese citizen (this case) but in the same breath, condemn another nation for not returning an international fugitive (other cases)

You can’t expect to be taken seriously as a nation when your legal system is this full of hypocritical practices.

-8 ( +5 / -13 )

Japan once again showing the world how it’s stuck in the 1930’s.

-9 ( +7 / -16 )

Then charge her with kidnapping

Did you bother to read the article? The French government issued an international arrest warrant.

Lol

-7 ( +0 / -7 )

I am disappointed that the court did not rule in her favor on the DV charges. I believe her. I am very glad, however that she is free of the marriage and has rightful custody of her children. I hope she is very careful about allowing him to be alone with the children, so they don't get dragged to France.

-15 ( +0 / -15 )

But of course they did.

He could've been represented by Johnnie Cochran, while she could've showed up with the Law Offices of Moe, Larry, and Curly and it would still have been a closed case.

-3 ( +3 / -6 )

What an absolute joke of a court system.

So they recognised that no domestic violence occurred (potentially false accusation made by the wife which should be a crime on its own), and then kidnapped the children away from the father. The wife is literally on an arrest warrant in France, and yet the father still loses.

I shouldn't be surprised that the court sided with the Japanese person but this is just sad...

-6 ( +8 / -14 )

This is such a sore point with me when it comes to japanese international parental child abduction.

The japanese. Forever and will be a third wirld nation masquerading as a developed country.

-7 ( +8 / -15 )

outcome as expected.

she runaway from husband with kids because of domestic violence,

she get divorced because of domestic violence.

there was no domestic violence proved at all.

but court said poor lady poor kids,bad father.

what kind of "justice" is that...

i wish that french guy will not give up his fight.

-9 ( +8 / -17 )

If I remember correctly, Fichot was able to submit some actual proof the woman was lying. Still, that is his version of the story, and we don't know how both sides pitched their cases to the court.

the court did not recognize that abuse occurred

In the absence of the above information, on general principles, that the court did not recognize that abuse occurred does not mean as much as some people think. Continental Law courts tend to have high standards before recognizing particular findings. If a common law court finds for something at 50% probability, a continental law court will be more like 85% probability. So all we can tell is that the court found Fichot had anywhere between 0 and 84 percent chance of having inflicted domestic violence.

-15 ( +1 / -16 )

@Bumglu

Have you ever met any women ?

You cannot negotiate

Have you met all women and been in a relationship with them as a father ?

Obviously not because thats impossible.

Therefore your sensational sinister generalized opinion of woman has become void and useless .

Probably very similar to your relationship experiences.

To pantomathicaly assume all women are the same isn't realistic.

-4 ( +0 / -4 )

The French guy in question was a regular in this JT comment section - hope he stay strong and never give up trying to be with his kids.

6 ( +9 / -3 )

He has no access to his kids because the Japanese government has refused to modernize the law and allow joint custody, which is now an international obligation. Why do other countries allow Japan to get away with this?

-3 ( +6 / -9 )

The judge asked them to discuss what’s best for the children. I think it’s clear that the mother has already decided that, and that’s no visitation.

3 ( +5 / -2 )

Moral of the story, unless you don't mind saying sayonara to your kids, don't have kids with a Japanese spouse.

-2 ( +8 / -10 )

The japanese. Forever and will be a third wirld nation masquerading as a developed country.

well said Randy

-9 ( +4 / -13 )

Fichot claimed that granting the woman the rights to the children's custody would invite international criticism

If this was all he got to say the judge probably didn't take long to decide

-3 ( +1 / -4 )

Its so so so sad that Japan remains such a primitive place/country, and wrt to children & parents its downright evil!

-7 ( +4 / -11 )

Abe has been Assassinated

1 ( +2 / -1 )

There is a good way to maintain joint custody.

Try not to make the spouse run away

-5 ( +3 / -8 )

The Hague Convention on Parental Child Abduction forces abused mothers to stay in dangerous situations. I am so very glad this woman got away, even if she is not fully vindicated, she is to mothers who have also gone through these situations. Abusive men destroy childhoods and lives.

-12 ( +0 / -12 )

Fear and LoathingToday  01:16 pm JST

The Hague Convention on Parental Child Abduction forces abused mothers to stay in dangerous situations. I am so very glad this woman got away, even if she is not fully vindicated, she is to mothers who have also gone through these situations. Abusive men destroy childhoods and lives.

Wow! that was fast Flyingbirds!

-3 ( +2 / -5 )

Rigged from the start. Japanese family court is a farce, esp if foreigners are involved. Marrying a Japanese national should come with warnings at every embassy. Those that kidnap kids are scum. Have a nice day.

-1 ( +6 / -7 )

Those that kidnap kids are scum.

as are those who condone and support them

0 ( +9 / -9 )

That woman is a liar, made defamation , kid kidnapper and she is recognized as a respectable citizen of Japan.

Tells you about Japanese medieval justice.

There are so dark things in Japan.

Wish M. Fichot would be heard.

He shall apply his rules if rules can´t be applied.

2 ( +7 / -5 )

Concerned Citizen

Today 10:29 am JST

How sad the acrimonious breakdown of marriages and subsequent disputes that harm the children the most.

> Unless one parent is clearly violent, negligent or in some way utterly unfit to parent then the courts should put decisions re separation, divorce and child visitation or shared custody issues squarely back on the couples themselves to work out.

Japan is stuck in the past from the top down.

Now my divorce was not pretty, my ex was not fit to take care of the children (towards me things were far worse) even her own family agreed the children were better off with me.

But I never cut her or her family off from seeing the children.

The problem was the social workers, teachers, school directors all would regularly tell me to cut off all contact between the children and their mother.

When I asked why, the reply was always the same.

"The children will get confused and think we are still married"

This was told to me every single year especially at the start of a new school year by the teachers and social workers.

So how are the courts going to be any different.

0 ( +6 / -6 )

Another total non-surprise. If anything, the J legal system is so predictable.

-3 ( +5 / -8 )

Move on. The kids will be brainwashed to hate him, and then there is the media attention. As my granny told me, “there a plenty of fish in the sea.” Also, he seems like a dedicated father, so his new kids will be lucky.

-14 ( +2 / -16 )

MeiyouwentiToday  07:41 am JST

Let’s look at the case objectively. The woman and her children ran away from the wife-beating husband and would like to continue to live together in peace. At least the court granted the Frenchman the right to see his children. He needs to learn to be a good loser.

I think u need to invest in a dictionary. But because humans like you are flawed, allow me to enlighten you..

Objectivity..

the quality or character of being objective : lack of favoritism toward one side or another : freedom from bias.

Do have an objectively awesome day.

4 ( +5 / -1 )

Abject racism: this is, as usual in these cases, immoral.

-5 ( +4 / -9 )

What a horrible outcome. Japan prraches about family unity and familial bonds being strong but then turns around and does things like this. The mere fact that they lack joint custody is already very telling of how they don't care about ripping families apart.

I feel so sorry for this father and his kids who will probably grow up never being able to get to know him. I hope they'll be able to work through the inevitable brainwashing that he's the villain in this tragic story and try to reconnect with him when they are of legal adult age.

-3 ( +3 / -6 )

I can't suddenly get a law degree, and in any case people who have a law degree generally means they are competent in their jurisdiction - their competence drops off quickly when discussing foreign legal systems,. But I can throw you something in my favor quickly:

In continental European law, no distinction is made between civil and criminal cases with regard to the standard of proof. In both, such a high degree of probability is required that, to the degree that this is possible in the ordinary experience of life itself, doubts are excluded and probability approaches certitude. In the common-law countries the degree of probability required in civil cases is lower than that called for in criminal matters.

https://www.britannica.com/topic/evidence-law/Sources-of-proof

-4 ( +1 / -5 )

ianToday 01:13 pm JST

There is a good way to maintain joint custody.

Try not to make the spouse run away

I am confused, have you even spent more than 2 weeks in Japan ?! This is common practice here, after the divorce the father doesn't see his kids anymore. It doesn't only happen to foreigners, lots of Japanese fathers face the same fate, most of them accept it but a few try to fight it.

0 ( +5 / -5 )

Bring your wife in your country and your children so in case of separation you know where to see them ?

-3 ( +1 / -4 )

Kazuaki ShimazakiToday  11:26 am JST

If I remember correctly, Fichot was able to submit some actual proof the woman was lying. Still, that is his version of the story, and we don't know how both sides pitched their cases to the court.

the court did not recognize that abuse occurred

In the absence of the above information, on general principles, that the court did not recognize that abuse occurred does not mean as much as some people think. Continental Law courts tend to have high standards before recognizing particular findings. If a common law court finds for something at 50% probability, a continental law court will be more like 85% probability. So all we can tell is that the court found Fichot had anywhere between 0 and 84 percent chance of having inflicted domestic violence.

I admire your ability to string sentences together, but in the absence of a law degree or common sense you should probably stick to commenting on the weather or browse dating sites because people who pretend to know the law and spew nonsense need re-education, or perhaps accept God in your life. I hope you have 0 to 84 percent of an awesome day.

-2 ( +2 / -4 )

Time and time again I have read stories where the foreigner almost never gets custody of the child in Japan. They system is fundamentally flawed.

1 ( +8 / -7 )

Nothing positive rarely comes from any divorce / separation regardless in which Country it occurs within, and if Children are involved, they are the ones who inevitably suffer most.

Violence between Parents happens, towards young Kids is unforgivable.

In this case, I think Japan needs to come up with a better solution to handling Separation issues, for now, it comes across of being a case of Children being a Japanese National's "property" - that is a crude summary, but one that may simply be dictated by the existing Laws, and followed by Judges - as is the case in every Country. For such Laws to change, Law makers need to be involved.... Politicians from other Countries need to start applying "pressure" upon their Counterparts in Japan, to make some changes towards a fairer Society - Internationally.

-1 ( +1 / -2 )

Nothing new under the Sun.

-5 ( +2 / -7 )

I am not sure whether domestic violence is true or not.  but i don’t understand why the mother don't want to let ex-husband to see their kids. If there are special reasons that seem to give bad influences on kids and on her, please say it. Generally speaking, it is the best for kids that both parents can see their kids and take after even after the divorce.

1 ( +2 / -1 )

In the west it is the mother that usually gets custody of the children unless there is a history of child abuse. But at the same time, father usually has visiting rights and a right to make decisions on their upbringing, which is not the case in Japan.

Not in the US. That’s an old way of thinking that is no longer the case. Joint custody is the norm now, with parents getting equal time and if they don’t live near each other, then one parent gets custody during school time and the other parent gets every holiday and long weekend to even the time out as much as possible. This makes “school custody” less appealing.

It is true that more mothers are awarded custody but they ask for it nearly 3x more than fathers do. In cases where both parents ask for custody and no abuse is proven, men get custody most of the time. As a professional statistical/financial analyst, I can tell you that you need to dig into the statistics before making definitive conclusions.

3 ( +3 / -0 )

Vincent is a great guy; he is 100% in the right.

Bad Japan court decision.

-3 ( +6 / -9 )

My eldest, with a fine education and a good job, was married to an alcoholic, abusive, adulteress. He put up with her for the sake of their daughter. Weary after a hard day’s work, he returned to find the door double-locked…The woman wound up, as expected, with custody of the daughter, whom he has now been unable to see for many years. And this is all in Japan. My wife and I once took care of our grandchild after her mother overdosed on pills, but then we returned the girl, who is now a teenager. We are fairly certain that we shall never see her again.

1 ( +4 / -3 )

No surprise with the ruling, any case between a foreigner and Japanese most of the

time go against the foreigner regardless of the evidence presented.

It is not limited to courts, but even in Japanese marketplaces the ruling will be against

you the foreigner even when it is clear as night and day that the Japanese is being

dishonest. It has happened to me as a seller and as a buyer and I don't expect things

to change anytime soon.

-2 ( +4 / -6 )

With a record like Japan has on human rights, is anyone surprised?

I hope the kids grow up to absolutely hate their mother, then run off to France first chance they get. Let mom go and try to see them, and get locked up. Kids can always go visit her behind bars.

-4 ( +4 / -8 )

Women should read men's comments on domestic violence and what they think women should tolerate and allow and act accordingly. I wish I had known as a young woman what my fate was going to be and to act accordingly. I would never ever have slept with a man, and used sperm donation to have children. Even what is allowed here by moderation is immensely misogynistic and bullying towards women. Again, I am very glad this woman got custody and I hope that that man never sees the children again. In fact there are a lot of men on here commenting that I truly hope never get to see their children again, because it is an absolute danger to mother and child to be subjected to such abuse.

-4 ( +0 / -4 )

Reminds me the trial of Jonny and Amber.

Amber almost made the world believe that Jonny was the beater... but Amber was the abuser.

What makes you believe that the man is the abuser? Was there a fair trial to clear that up? Or are we assuming that the man is a woman beater just because.

-2 ( +2 / -4 )

The fact you are on Depp's side - who was found guilty of abuse by a British court, says everything. How absolutely disgusting. Trials are never fair to women and men get away with the abuse using classic DARVO tactics - deny, attack, and reverse victim and offender. This is what is happening here, and with Heard.

-4 ( +0 / -4 )

I'm on nobodies side.

I'm all in for fair trials.

Openly public with undisputable evidence.

I don't think that Vincent got a fair one.

0 ( +2 / -2 )

Women do not lie about DV. Deny, attack, reverse the victim and offender, is classic behavior. Domestic violence is a gendered issue - men hit women, men kill women, men sometime annihilate their families. When this happens, and the woman or the child is hurt badly or worse, you see commentators asking why didn't she leave, and blaming her for her own injury/death and that of her child. Whichever way, women cannot win. I am so very glad this woman won her freedom and custody of her children.

-5 ( +0 / -5 )

You guys are off topic here.

The crime is that the mother abducted a child.

She's just desperate trowing every lie she can just to keep the custody.

In divorce trials you'll hear every lie possible from both sides. Sure the same happened in this one.

Child abduction shouldn't be encouraged.

-1 ( +2 / -3 )

She did not abduct her own children. The Japanese court doesnt think so, morally she got away from a situation that was not safe for her. This is a woman trying to survive and protect her children, don't paint it as abduction. Men always protect men.

-5 ( +2 / -7 )

When a marriage is going downhill children usually take mother's side. Often when living in Japan wife complain and make kids feel grunge to their father. Usually she is at home and has stronger connection with them. Even without violence if she had made her mind she doesn't need this man anymore no court ruling can help him.

Best thing is when a couple sees no way together to split peacefully, including letting each other to be still part of their children's life. Japanese archaic traditions are not favoring that unfortunately.

1 ( +1 / -0 )

She did not abduct her own children. The Japanese court doesnt think so, morally she got away from a situation that was not safe for her.

She got away from a situation that she CLAIMED was not safe for her. This is a very different thing. The French courts did not find evidence that her safety was at risk. And while we don't know the particulars, it probably means that she had not gone to the police or could not provide evidence of physical violence (bruises etc).

4 ( +4 / -0 )

It's not surprising that the Court didn't "recognize" the abuse. Look at the current US Supreme Court Justices that had countless women speak out against them with a ton of evidence and the "courts" sided with them too.

It doesn't mean that there wasn't abuse. There are MANY forms of domestic abuse that are difficult to prove due to the fact that they don't leave physical traces.

Emotional, financial, and psychological abuse are very real, and most victims don't go to the authorities for reasons that are obvious when reading through the comments. People don't believe them. They don't consider it "abuse" if there are no bodily bruises. They're shamed and blamed. Abusers can be very smart and stealthy and his behavior with the hunger strike was extreme. She obviously did not feel safe in the environment and leaving them would have been abandonment.

I hope that she can now raise her children in peace!

-2 ( +1 / -3 )

Some men will not let you leave peacefully, their abuse means it is not at all possible to simply part on good terms. These men refuse to allow the woman or child peace, and it is both damaging to the children and to the woman who deserves a quiet and peaceful life, free from threat. The courts are patriarchal nightmares, they rarely act to protect women, and generally take the man's side, even when the woman and children are at risk. DV happens behind closed doors, it is so difficult to prove. You can abuse and threaten without leaving a mark. Again, I am very glad this woman and her children are protected by Japan.

-2 ( +1 / -3 )

Women do not lie about DV. Deny, attack, reverse the victim and offender, is classic behavior. Domestic violence is a gendered issue - men hit women, men kill women, men sometime annihilate their families. When this happens, and the woman or the child is hurt badly or worse, you see commentators asking why didn't she leave, and blaming her for her own injury/death and that of her child. Whichever way, women cannot win. I am so very glad this woman won her freedom and custody of her children.

Clearly you dont know what routinely happens to men in family courts worldwide

2 ( +3 / -1 )

Have you any idea what happens to women in family courts worldwide, particularly those trapped in international marriages. Don't tell me what I do and don't know. Again, I will not be bullied.

-3 ( +1 / -4 )

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