Scott Sawyer, an American man who is suing Japan Airlines, claiming it wrongfully helped his Japanese ex-wife leave the United States with their son, despite court orders that the child remain in California. His lawyers said airlines should require parents traveling alone with a minor child to Japan to obtain legal approval from the non-traveling parent authorizing the child's trip. (AFP)
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There is a long list of red flags that existed in this case that should have caused the airline and travel agency to do something.
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whyRUasking
In the Huffy post, it also mentions a travel agency assisted the wife.
whyRUasking
I would assume that it falls under the jurisdiction of the customs/Homeland security personnel to determine whether or not somebody can legally leave the country.
If Japan airlines actually smuggled them on board without following protocol, then this could be a major legal battle. JAL might lose more than just money in this case. If true, then heads will roll.
LFRAgain
I feel for the guy as weel, but his lawyers are going to have a heck of a time proving the airline did anything "wrongful, " when there are no policies in place mandating that airlines do any such check as far as parental permissions are concerned.
Also, in order to present a successful argument that they helped the wife escape a California court order, the lawyer would have to be able to prove the airline was aware of her legal situation, which I doubt very sincerely they were.
And in an age of Homeland Security-mandated safety checks bogging down airports, I also don't believe any government agency or court is going to be willing to force airlines to take on the added burden of acting as police in domestic disputes.
Zenny11
While I feel for him.
How would the airline know as to whom and when to check. And do they have the access and/or authority to perform such checks.
Kronos
I do not know specifically for child custody laws but if there is a court order for someone not to leave a country, one would assume there would be some sort of a check at the customs.
I am not exactly sure whether the airline company or the customs would be responsible but something looks to have slipped through the cracks.