politics

U.S. balks at Japan sanctions over child abductions

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international marriages..pain in the neck

-9 ( +10 / -19 )

Japan is all lip service, for years they have been considering to sign

9 ( +11 / -2 )

Even if Japan does join the Hague nothing will change.All the woman has to do is get back to Japan, say the father was abusive and that is the end of it. I am divorced with kids and chose to stay in Japan to see my kids grow up, However, it is by no means an easy task to get visitation rights. Whatever the woman says goes and this will carry over into Japan's stance on the Hague. It's also also why they are refusing to acknowledge the hundreds of previous cases. Sanctions? You cannot change a leopard's spots and Japan will never fully agree to the Hague nor will they agree to address previous kidnapping cases.

15 ( +18 / -3 )

where joint custody is never granted to fathers.

Are we talking about same sex marriage here? In Japan, joint custody is never granted to fathers or mothers or a father and a mother.

but U.S. officials and lawmakers have voiced concern that the ratification would apply only to future cases.

Article 35 of the Hague abduction convention clearly states that it applies only to future cases.

Article 35 This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States.

Why is it a "concern"?

Remember, these are American kids.

They are Japanese kids, too.

-7 ( +7 / -14 )

Until more "halfu" kids are being kidnapped OUT of Japan, than are being kidnapped back INTO Japan, the government will never do anything about it.

Sorry... but its just the way it is. I am confident they will soon sign the hague, but I am also confident it will change nothing on a practical level.

13 ( +13 / -0 )

Even if Japan does join the Hague nothing will change.All the woman has to do is get back to Japan, say the father was abusive and that is the end of it. I am divorced with kids and chose to stay in Japan to see my kids grow up, However, it is by no means an easy task to get visitation rights. Whatever the woman says goes and this will carry over into Japan's stance on the Hague. It's also also why they are refusing to acknowledge the hundreds of previous cases. Sanctions? You cannot change a leopard's spots and Japan will never fully agree to the Hague nor will they agree to address previous kidnapping cases.

Considering they are being half-coerced into this treaty, why would you expect them to change spots?

I'll like to remind all people that whenever a mother says that a father is abusive and the judge decides to give kid to the father anyway, no matter what the law says, the judge has just effectively signed a document declaring that the mother is lying and that the father is clean. If he's wrong, he is guilty of sending a child into the jaws of an identified child-abuser.

You tell me what person wants to take that risk.

-5 ( +3 / -8 )

estranged partners took them to the country where joint custody is never granted to fathers.

Joint custody, as noted, by another poster, is NEVER granted in Japan. Never? Then what about the Doctor from Milwaukee who won custody in a Japanese court? Granted that is the exception.

0 ( +4 / -4 )

“I think threatening countries is often an unsuccessful way to get them to cooperate with us because most of the relationships that we have are very complex and involve many issues,” she said.

wish it is realized and applied on global basis.

2 ( +2 / -0 )

“Remember, these are American kids. American human rights are being violated,” said Smith, a Republican from New Jersey.

Human rights are HUMAN rights. The implication that Americans are more human than other people is both disrespectful, ridiculous and plain idiotic. Smith is clearly a fine product of the Republican party.

-7 ( +10 / -17 )

I'm happily married with two kids. What scares me the most is the number of (stranger) women telling me blankly that "kawaii, Haaafuu no ko hoshiiii". I can easily see some them getting married with some nice looking gaijin ONLY for his sperm. Once the kids obtained this method is the best to get rid of the (unwanted to begin with) father.

This pattern is very common especially with girls met in places like Roppongi.

5 ( +7 / -2 )

Kazuaki - In the developed world, unlike Japan, joint custody is given to parents unless the mother can PROVE the father is abusive towards the child, not towards the mother. In Japan, however, the father has two choices, just disappear from the kid's life, which is the most common, or to adhere to whatever ridiculous claims the mother comes up with and beg her to let him see HIS kids. I know a guy that lives two blocks from his daughter, pays around 10 maan a month in child support yet has not been allowed to see his daughter for over ten years because her mother doesn't want him to. He is not abusive to his daughter or wife, but SHE will not let him see her.

16 ( +18 / -2 )

Joint custody, as noted, by another poster, is NEVER granted in Japan. Never? Then what about the Doctor from Milwaukee who won custody in a Japanese court? Granted that is the exception.

Joint custody does not exist in Japan, Yubaru. The doctor from Milwaukee got sole custody.

When you divorce there is a space to say who gets legal guardianship of the kids, and there is a space to say who will be taking care of the kids on a daily basis. It is not possible to grant these rights to both parents at the same time.

0 ( +5 / -5 )

I can easily see some them getting married with some nice looking gaijin ONLY for his sperm.

Ebisen, sadly, I know someone here in Australia who has said, and done exactly that. Her long term Aussie boyfriend eventually cottoned on that she was not really into him, per se, but more the fact that he was Caucasian. He dumped her, and she promptly went out and found another sucker effortlessly (good looking girl), and was married and pregnant within the year.

Where that ends up is anyone's guess, but I can guarantee she would be an 'abductor', and up sticks and head back to Japan within a heartbeat. She is desperate to head back to Japan for good.

5 ( +6 / -1 )

the 1980 Hague treaty on child abductions

33 years of stonewalling.

9 ( +10 / -1 )

I can easily see some them getting married with some nice looking gaijin ONLY for his sperm.

Why marrying ? It's not difficult to meet some shallow esthetically pleasant gaijins that would do the sperm donor and never call them again, not even remember their name the next day. Now, they would never get any support or money ever.

Joint custody does not exist in Japan, Yubaru.

Agreed. That's archaic. Many Japanese parents would want that possibility now. I know many here in Kansai that divorced with small kids, they don't hate each other, and both sides want to keep a role, either they relay for baby-sitting (one does evenings, the other mornings), or the kids live with Mum in their primary school years, and later with Dad in another town, while they attend junior high school...They can arrange schedules, but one only has to be named official guardian, so if some school problems or accident occurred, the parent that has the kid in his home could be unable to sign useful papers. So some couple don't officially divorce. Weird, but a friend separated from her hubby, and they registered the divorce 15 years later the day their younger child became adult. Both have job that requires regular trips abroad, and they wanted to arrange that the kids always had a guardian present in Japan. That meant both were unable to remarry, which may become an issue if they have other kids, etc, and also requires a lot of trust in your ex since in Japan you share at 50% any debt of your spouse.

The doctor from Milwaukee got sole custody.

No, he did got joint custody ... but from the US court, as US laws allow it. And the Japanese court has decided "Mrs....should obey to laws in America.". That's already a big progress as in most other cases, the courts had said "Now the child is in Japan, our laws only can be applied..."

3 ( +5 / -2 )

why you peoples don't accept all human being are equal.

its very big painful for all forgers that will bound to live in japan because children are every think for human being , even mother no kill his son , but in japan its very common . peoples form round the world want to save their children from this narrow selfish thinking.

-7 ( +2 / -9 )

@Habibu,

Could you rephrase that?

5 ( +5 / -0 )

A big difference between Japanese law and American law (won't speak for other countries) is that American law is explicite. Family, drugs, traffic, and employment have explicite rules in the US. This is not the case in Japan which plays more toward traditional opinion rather than reference to laws. Before joining the Hague, Japan needs to reexamine many of these traditional opinions and laws to find contradictions (Example in the family registry a woman is add to a man family as is a child, but in a divorce the woman retains custody of the child yet can be still recognized under the man's family.)

2 ( +2 / -0 )

plain and simple: if the law is against it than DONT HAVE KIDS in those countries!!!!

3 ( +4 / -1 )

No, he did got joint custody ... but from the US court, as US laws allow it. And the Japanese court has decided "Mrs....should obey to laws in America.". That's already a big progress as in most other cases, the courts had said "Now the child is in Japan, our laws only can be applied..."

He got sole custody from the Osaka courts.

0 ( +0 / -0 )

I agree with people saying it wont make a shred of difference whether they sign or not. Firstly they wont enforce it retrospectively, secondly even in countries who are already signatories there are many many cases where it is not being enforced, and finally - this is Japan. The Mother need only claim spousal abuse and the court will do whatever she wants, regardless of proof.

Yes, there is ONE case where the Milwaukee father WAS awarded sole custody by the Osaka court. But look what they did to enforce that - absolutely nothing. The child was only returned to the father when the Mother went to the US to stupidly try and renew her greencard with outstanding kidnapping charges on her (still wondering about the stupidity of doing that). So if J courts arent even enforcing their OWN rulings, my hopes of them enforcing those of an international court are pretty slim, sadly.

4 ( +4 / -0 )

"Hundreds of non-Japanese parents, mostly men from the United States and elsewhere..."

If most of them were from the United States and elsewhere, then where did the rest of them come from?

2 ( +2 / -0 )

Your thinking is behind the times Fadamor.

0 ( +0 / -0 )

No good.... what makes me laugh are the many, many people that think Japan is some puppet state of the USA. The USA should threaten to force the Yen back to 80 to the dollar.... then you'll see the law changed.

0 ( +1 / -1 )

Ultimately, it is what is in the best interests of the children that are being disregarded here. In the vast majority of situations, children need a relationship with both of their parents -- even if those two people can't get along.

This is such a blot on the image of Japan in the eyes of so many in the world, and rightfully so. Sign the Hague agreement already and join the human race!

3 ( +3 / -0 )

I'm lucky enough to be in a situation where me and my ex cooperate in the raising of our child but at the back of my mind there's always the worry that I would have no legal protection should she decide to suddenly turn off access if we disagreed strongly about something.

The wider social situation does seem to be improving though and SNSs are a good way to get the truth out. Even if a court in Japan does decide to deny access to one parent it's very difficult to stop people communicating if they want to so when the child's a little older they can contact or be contacted via social networks. Parents who lie about abuse to deny their child access to the other parent (and I feel it's important to look at it from that side - people always talk about access of a parent to the child but the child also has a right to have a relationship with a parent who loves them) will eventually have to answer their child's questions about why they lied which will in turn affect their own relationship with their child. In the end everyone's a loser.

SNSs like Facebook get a lot of bad press but it is good at making people accountable for behaviour which is immoral if not illegal.

0 ( +0 / -0 )

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