igotchu comments

I think many parents understand the sensitivity of the Japanese people to the North Korean Abduction issue, but the sensitivity to the parents who have lost all contact with their children here in Japan has to be understood as well. All the governments, including Japan, with nationals affected by this tragedy need to show compassion to the feelings of the parents who have been cut out of their children's life.

Nicely worded BlueWitch, you understand this about a Right the Japanese Courts are denying Parents and Children.

Its in their best interest to create new laws that give equal rights to everyone, regardless of nationality. I seriously doubt they will do what Disillusioned has stated.

I don't understand how people can underestimate the will of a parent who loves their child. A loving parent will go through hell and back again for their child. What I doubt is a little rain will stop these parents.

Its been a long time coming, now I see the Parents are fed up and are demanding change. Not only Vice President Biden, but all the countries involved should try to get this issue resolved as quickly as possible and demand that Japan put parents back in contact with their children immediately, grant meaningful visitation rights, bring about an immediate end to parental abduction, and return children to the parent where its clear the custody should lie. Above all, the courts has to respect Parental Rights in their rulings and the law needs to be enforced!

Don't allow posters like michaelqtodd to throw everyone's attention off the ball. Keep your eyes on the prize! The government cannot deny its violated the rights of parents to maintain contact with their children. If we continue to demand the rights this will all be over sooner than you think. Their arguments for denying parents access can't hold a grain of sand. We gotta keep pushing for the rights!!!

Now that the fight has begun, I'm still stressing the importance having Japan guarantee a parents right to maintain contact with their child and that they create an enforcement mechanism.

If they won't guarantee the right then take the matter to the ICJ and lets get it on. Let them see if the rest of the world agrees with their customary practice. I've argued the rights of parents to maintain contact with their child are fundamental human rights.

When four months have passed the countries pushing for this should move quickly to the ICJ and file the case of human rights violations. The African countries, South American countries, and other Asian Countries need to stop sitting on the sideline watching, their citizens have been affected too. You guys need to get in the game.

What can we expect in four months? Well, let's set some criteria for them to meet.

(1) Their government has to reveal the physical address and location of every child.

(2) Their government has to allow the embassy staff at the respective embassies to visit each child to verify the child's well being.

(3) Their government has to set a date and location for reunification of each parent and child and hold them responsible for ensuring the child's presence.

(4) Their government has to pay transportation and hotel fees for all foreign parents who has to come to Japan for the reunification.

We want action now, not words! If they don't wanna move let's just take it to the next level.

The Hague has no enforcement mechanism, its left up to member states to decide how to enforce the treaty. This is my proposal on how to enforce the treaty and gurantee parental rights.

The United States, EU, and all other countries with citizens who have been caught in this tragedy needs to call Japan out for Human Rights Violations. The evidence is all around you, read these post, especially the one where one writer claims 70,000 Japanese men are seeking access to their child and another suggesting Asian Parents from Korea, China, etc., have been locked out of their childrens life as well. Not only should they seek Human Rights violations they should be seeking compensation for the left behind parents whose life has been torn apart because of their courts rulings, and failure to take the necessary action to protect the child's right and the non custodial parents right to maintain contact with each other.

Getting Japan to sign the Hague Convention alone isn't enough. It may satisfy some politicians and western governments, but the reality is clear. Those familiar with the language of the treaty, know very little will change because Japanese courts will decide what's in the best interest of the child when the child is on Japanese soil. Believe me, that decision will be based on their customary practices and not necessarily what's best for the child.

The United States shouldn't be afraid to say Japan has violated a fundamental human right by obstructing the rights of parents to maintain contact with their child, and failing to take action to protect those rights. President Obama cannot come to Asia spouting about fundamental rights and universal norms then turn around and pay lip service to those rights when its comes standing for them.

In addition to the Hague, get them to state clearly in their domestic laws that the non-custodial parent has the right to maintain contact with his child, and two, the right will be enforced as follows:

Enforcement Mechanism

(1) Should a non-custodial parent be unlawfully denied contact with his/her child by the custodian or guardian of the child the non-custodial parent may request the Family Court to put him/her back in contact with the child.

(2) When a non-custodial parent has been unlawfully denied contact to his/her child the Family Court shall, without delay, take the necessary actions to immediately put the bereaved parent back in contact with his/her child.

(3) The Family Court shall restore the bereaved parents contact with the child within seven (7) days. The term contact means physical contact.

(4) Should the Family Court not be able to restore the bereaved parents contact with the child within fourteen (14) days a warrant will be issued for the child and the person holding the child, the custodian or guardian of the child, and anyone involved in obstructing contact with the child.

(5) Upon issuance of a warrant the custodial parent or guardian of the child will have his/her rights of custody to the child automatically transferred to the bereaved parent.

As one poster stated anyone who believes Japan is going to give rights to foreignors that they don't give to their own people is sadly mistaken. The rights issue and enforcement mechanism has to be on the table at the same time, without it parents will still be limbo.

Japan needs to stop wasting time debating rather or not non-custodial parents should have visitation rights. I've said it before, and I'll say it again, it's an inherit right that belongs to the parent by way of blood. The state does not own the children, its not your seed! The child belongs to the man and the woman, even after divorce. There is nothing the state can do to wash the child free of either of the parents blood or DNA. However, the state has tried to wash the child's mind free of the none custodial parent. This outdated customary practice of maintaining balance and harmony in a child's life by allowing the custodial parent to distant the child from the non-custodial parent is brainwashing. The state should use the powers that are currently available and start to put an end to this practice. The Ministry of Justice can start by issuing a decree preventing local police from arresting a parent on kidnapping charges unless the parent has proven, by actions, not to return the child to the custodial parent within a certain period of time, for example 24-48hrs. The Supreme Court can further solidify the order by giving instructions to local Judges not to uphold kidnapping charges against non-custodial parents for forced visitation under the 24-48hrs rule as long as there is no violence involved. The prosecuting attorney and the local police will then back-down. Of course, I would expect non-custodial parents not to take self-help measures every other day. The ambiguous wording of the current Family Law statues can be interpreted by instructions from the top down until new laws are created. Those of you working for the Supreme Court Justices and the Ministry of Justice know what I speak of is 100% true. Prove me wrong, you guys simply need to conjure up the will.

Allowing the custodial parent to make unfounded negative accusations about the non-custodial parents influence on the child is wrong. I would go as far to say it is illegal, perjury. Every country, including Japan has a mechanism to determine child abuse, rather physical or mental abuse. If a parent truly believes the non-custodial parent will cause harm to the child use the proper channels. That is what the child abuse center (iroyo sou danshou) is for. Because the courts fail to carry-out their duties properly non-custodial parents are being shut out of their children's life based on lies and not facts. There is no doubt custodial parents are abusing the law to seek revenge and in the process they are taking away the rights of the non-custodial parent. The judges have to stand up for the rights of the non-custodial parent to maintain a relationship with his/her child. Allowing the police to arrest a parent for exercising his rights is wrong, that is why Justice Minister Chiba should step in and tell the Kunmamoto police to release the man. The police cannot be used by a revengeful parent to break the non-custodial parents bond with the child. The child could think the father has done something wrong upon seeing the father taken away by the police, when in fact what he was doing was out of love for the child and perfectly natural. The Kumamoto police did not use good common sense by arresting this man, they are the ones that have harmed the child's mental state. Step in Ms. Chiba and stop it.

Eyeblack you are new to this fight. PM Hatoyama has said very clearly that he believes fathers should have the right to see their children after divorce.

The same demands left behind parents made for Savoie are the same ones that apply to this man. Release the man without charge. Justice Minister Chiba you need to tell the Kumamoto Police and the Prosecuting Attorney to release the man without charge. Its time for PM Hatoyama and his administration to make good on their word, if you are sincere about resolving this issue tell them to release this man. Send a message to the local police across the country that they cannot arrest, nor charge a parent with kidnapping for taking self help measure to see their child if there is no attempt to abduct the child. The left behind parent should have the benefit of the doubt, and the police should prove a clear attempt was made to abduct the child rather than a self help measure for visitation.

Lets not waste time anymore Ms. Chiba, you have the power, authority, and legal right to do something. Whats it gona be the local police or the Justice Ministry? The Hatoyama administration knows this fight is coming with the local courts and the local police over different interpretations of the law. Strike the first blow and put down the Kumamoto police, there is no foreign governments pressuring you this time. Make it clear where the government stands!

Anybody who thinks if Japan had signed the Hague this issue could have easily been resolved is sadly mistaken. There is no enforcement mechanism in the Hague and no enforcement mechanism in Japanese Family Law, period! Any of you out there facing this problem don't believe Japan's signature on the Hague will solve everything, actually it will solve nothing unless there is changes to the Family Law. No matter how much you Pacifist believe in mediation there will never be a mediated settlement in 100% of divorce cases. When crafting new legislation the government must take into account the worst case scenario, confrontational divorces, whereas mediation fails. There are many issues left to be resolved, but in my mind the two most important issues are one (1), how will the government enforce visitation rights when the custodial parent refuses to comply, and two (2), how will the government enforce the Hague when its requested by one of its members? Looking at this on bended knees with our fingers crossed is not the way, the Savoie incident answered our prayers and brought the media attention we needed, but now we must continue the fight. Foreign diplomacy alone is not going to resolve the issue. Left-Behind Parents must look this man in the eye, speak to Japanese politicians directly, and demand an enforcement mechanism be written into the Family Law. If you want access to your children now is the time to fight.

"Peanut Gallery", if your comment is geared towards me I will address it, if not I'll leave it to you, your wife, and her ex to sort out your personal issue.

Assuming Japan signs the Hague, frankly speaking, it will do nothing to solve these abductions and denial of access without an enforcement mechanism. In addition, foreign residents and Japanese parents without access to their children will see no change in this intolerable situation. While I would agree Japan should eventually sign the Hague, we should not support this move until there is changes to the domestic law.

Art. 12 of the Hague: The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment.

Art. 13 sec. b of the Hague: Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that - b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.

The preceding two articles of the Hague deals mainly with the issue facing parents that do not reside in the state where the child has been abducted to. In other words, it deals with foreign parents issues and states clearly how the determination to return a child will be solely left up to the courts in Japan. Foreign parents issues will not be properly addressed until domestic parents issues are solved and this will require changes in the Family Law.

For the people who have been supporting this issue, we cannot allow a cosmetic solution to this problem. The Hague gives guidelines how to resolve cross border custody and access disputes, but enforcement guidelines are left up to the states which are signatories to the treaty. In my opinion, if Japan signs the Hague without changes to its domestic laws only those countries with the strongest amount of diplomatic pressure on Japan will see it enforced on behalf of its citizens. This is not what we are bargaining for, its all for one and one for all, all parents should have access to their kids.

Assuming Japan signs the Hague, frankly speaking, it will do nothing to solve these abductions and denial of access without an enforcement mechanism. In addition, foreign residents and Japanese parents without access to their children will see no change in this intolerable situation. While I would agree Japan should ev

Give the kids a break, those are memories and fun for a lifetime, its college.

Accepting the harsh realities of a failed system is difficult, but reality has to be accepted in order for change. Can anyone dispute what Longtime Residenthas written? I doubt it, those are the harsh realities of this flawed legal system and customary practice. I've mentioned before the single mother's suicide, the high school dropout rate amongst children of single parents, the juvenile crime rate among single parent households, even the declining birthrate - who wants to have a child when they know its a possibility they could lose the child, all of these social issues can find its roots in this outdated customary practice.

Klein2, you and I have been back and forth on this issue for quite some time and there are alot of points where we agree, but here my penpal friend is where we disagree again. Leaving the status quo the way it currently is, is totally unacceptable, out of the question, and no way in hell!! The benefits of change far outweigh the status quo. Single parents would have more income from child support payments, less of a burden on the welfare system, children would be more confident and mentally healthy with both parents in their lives, marriages and childbirths would increase, and the international dogma of Japan on this issue would evaporate into thin air. What country or religion do you know of that outright denies a parent access to their children after a divorce or separation during their full childhood years? I know of none.

You speak of the bond between the mother and the child, but what about the bond between the father and the child? Do you really believe that after 20 years a child who is now a young adult will come to trust the wisdom of a stranger they never knew while growing up, just because he holds the title of father? You see my friend, parenting is a bond of trust between the child and the father too that is developed over time and starts at a young age in the child's life. Who is going to teach the young boy to become a man? Is it not the right of a man to teach his seed how to be a man and to raise his child in his image? This is not Biblical, it is the natural rights of a man to the ownership of his seed. No court of law under the sun, the moon, the stars, or the heavens above has the right to deny a parent access to their child w/o unquestionable proof that it will cause harm to the child. Japan's customary practice and their courts seem to think they are doing what's in the best interest of the children when in fact they are doing the child more harm than good.

I'm not advocating totally abolishing the Family Law Statues, besides the UN Conventions on The Rights of the Child is the law here in Japan, its a good law but unenforceable and seldom used in the judicial process. What I would say we need is changes that allow joint custody; a strict enforcement measure of parental rights of access; a guaranteed number of access days per month; in international cases I believe a bond is the strongest measure to prevent kidnapping, these children must be allowed to travel; a severe penalty for those who abuse the law, including judges, police officers, public officials, and lawyers; there must be an end to racial discrimination-foreign parents must be given custody when its in the best interest of the child. There must be an overhaul of the mediation system - professional marriage counselors should be involved, in the case of international marriages foreign counselors should be included; judges should be excluded from the mediation process; lawyers should have limits placed on their involvement; and the mediation process should be totally independent from the judicial process. In order for the mediation process to work the state has to create the environment for both parties to talk, the current status of the mediation process is useless because both parties are guarded in their communications with each other. And yes, Japan should sign the Hague Convention, furthermore they need to clearly define what goes against "Public Policy" in order for them to recognize foreign courts rulings. We cannot debate this forever, time is not going to stop, our children are getting older and growing more distant from us. Lets end this foolishness once and for all.

Japanese Parents without access to their children have strong feelings about this issue too, some people may say "shoganai" it can't be helped, but they hate the customary practice and the courts just as much as I do. In order to end this foolishness once and for all, foreign parents need domestic pressure put on the government by Japanese parents and foreign parents living in Japan. It makes sense to join together and fight this issue.

Pressure has to be applied on three fronts. (1) International Pressure, foreign governments and international organizations need to take stronger actions - foreign governments need to acknowledge this issue at the highest level of their government, then tell Japan if they don't act quickly to change their family laws it will negatively affect your relationship; international organizations should be prepared to suspend Japanese membership in Human Rights Organizations (2) International Parents in foreign countries need to keep pressure on their own governments and keep demanding access to your children via the Foreign Ministry of Japan, and continue to press courts in your home country to grant you access and joint custody because Japanese Customary practices don't allow it and their courts won't recognize your parental rights and (3) Domestic Parents w/o access, both Japanese and Foreign parents, need to form an alliance and start raising your voices in the streets. While the new law is being constructed its important that we participate in its creation, we cannot be passive while they enact a law that changes little and further frustrates parents attempting to gain access. A lot of judges, lawyers, and politicians are out of touch with whats happening in the streets we have to watch-over their actions and hold them accountable. Its time to throw away the shame of divorce and do what we gotta do.

DVW, does the statute say and or or?

DVW, we have a totally different interpretation of the UCCJEA, and thats fine. I would argue she made an agreement that the courts accepted. Then she violated that agreement and the courts issued a ruling. The ruling was made well within the boundaries of the UCCJEA. To me its all in line with Japanese Law, its done quite often here if you have money you pay the women and she agrees on a visitation schedule. If the women agrees the courts accept (here in Japan).

At this point it becomes speculation as to why he didn't do that here? Why was he so afraid of her in Japan? Its obvious no enforcement measure. and I think they don't trust each other.

When they get finish fighting the lawyers gona take all that money. About 150k was blown on legal fees in the US. Once you triple that fighting in Japan and shit their lives are blown to pieces. I know.

The most important ruling the Tennessee Judge has made in this case was to give Chris full custody of the children. He decided this after Noriko didn't return with the children. That means 6 months has elapsed since Noriko and the children were in Tennessee, and Chris' custody orders are valid under US Law.

One for All one (".")arigato

DVW, I understand your point but I believe the fundamental human rights issue is the strongest point. You know very well its not just a few of these cases out there, and Japan's failure to not enforce Parental Rights has been a stain on the countries reputation for decades now.

I don't believe it was necessary for the courts to wait six months to accept the divorce. Remember one thing the divorce was a Marriage Dissolution Agreement (MDA), this was an agreement that the courts accepted and not ruled on. The two parties came to this agreement by way of mediation, not a courts ruling. Therefore, I don't see it as necessary to wait 6 months to accept an agreement the two parties started negotiating in advance.

DVW, you see the fundamental human rights issue is in the UCCJEA and the Hague Convention. I've argued that issue for years and that really is the key point as far as I see it. I'm sure you've read the petitions and rulings from this case. Its clear to me based on the judges wording he is most concerned about Chris' Parental Rights. I see it as Chris' Parental Rights vs Japanese Customary Practices. The customary practice issue is depends on what happens next here in Japan. It looks like Japan may have the upper hand, but the US side established jurisdiction first. Now some of you think the Japanese Courts have the right to take back jurisdiction. The US side does not have to recognize any ruling here in Japan that overturns their ruling and violates Chris' fundamental human rights. What happens if they do it?....well, things could get ugly.

DVW, One can argue that Chris, being one of the parents was located in the state for the six months prior. The fact that she agreed to the relocation means that the state of Tennessee is the home state at the time of commencement of the proceedings. I think its clear, the court records show it, she knew in advance about the divorce and agreed to the divorce in the state of Tennessee.

If Japanese courts play ball, they can settle this issue within the scope of the UCCJEA and their own domestic laws. I think you should not focus on the jurisdiction, but the rights of access Chris has to the children.

Art2 Jurisdiction Sect. 201 (1) this State is the home State of the child on the date of the commencement of the proceeding, or was the home State of the child within six months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State;

DVW, How can you be suspicious about American courts when they were the ones trying to build the bridges between the two countries family laws? Look at how they went about the divorce, mediation, the Marriage Dissolution Agreement. Japanese Family Law encourages mediation. They took it a step further with the Parent Coordinators, but its appears to be a form of counseling intended to help the parents when they disagree on whats best for the child. Japanese courts are the ones that use the words balance and harmony in a child's life, this is what they were trying to do.

DVW, there's nothing in the Haque or the UCCEJ that prevents a voluntarily change of Habitual Residence when both parents agree. Noriko agreed to relocate with the children to the US. The kids was not forced to be there, nor were they kidnapped.

If Noriko wanted to change certain aspects of the MDA or the Parenting Plan she should have told the judge. It appears the judge/mediator was giving alot of attention to what she wanted.

Show me something in the Haque or the UCCEJ that says two parents cannot voluntarily change their place of habitual residence. I happen to disagree with you on the Tennessee courts right to exercise jurisdiction. Both parties agreed to the change in habitual residence. What's illegal about that?

I've read the petitions and rulings Chris filed in the Williamson County Courthouse (http://www.newschannel5.com/Global/category.asp?C=175746). Its clear the judge and Chris' biggest fear is Japanese Courts. The concern is Chris' rights of access and the enforcement of those rights, read the judges words for yourself. Chris, he did what was in his best interest, and not necessarily what was in the best interest of his kids. Noriko, appears to be a woman scorned - a deceptive, cold blooded, revengeful, cunning, and gold digging ..itch. Chris pushed Noriko to the brink and Noriko pushed Chris to the edge. The judge/mediator in the case tried something different that came close to working, that is allowing the two of them to chose 1 parent coordinator each to counsel them on child rearing. Just because it didn't work this time does not mean it cannot work in the future. I happen to like the idea but there needs to be some adjustments. Noriko should have had a translator and a Japanese speaking Parent Coordinator. She was able to deceive the parent coordinators. Because Chris speaks Japanese and understands Japanese customs he should have been more concerned about her feelings, but hell he agreed to give you $800gran, pay for your education in the US, and for the kids too. The judge/mediator even tried to introduce her to his own Japanese speaking friend. I know that blank facial expression, fake smile, yes when you really mean no, playing with kids emotions and manipulating them to the point where they start to cry in front of people just to gain sympathy for yourself. Noriko has PAS (parental alienation syndrome) and the US parent coordinators didn't realize it. It seems Chris was trying his best to warn the courts she had a problem, but for some reason and i don't know why, he has a medical degree, he didn't catch it. Japan is going to give her medical attention, but they are not going to call it PAS, they are going to call it Domestic Violence. Chris does speak, read, write, and understand Japanese culture much better than Noriko understands American culture. Chris appears to have the means to visit his children here in Japan and to have them visit the USA. Take the parenting plan they made in the USA and reverse it, but Japanese Courts has to agree to accept, enforce, and never change it.

It appears her assets are not liquid, and its all in US Banks in the form of CD's, Time Deposits, Retirement Plans like (401k), bonds, etc. If she refuses to return to the US with the kids the judge freezes those accounts. She might have been able to liquidate everything when she came back from vacation, then took the cash and ran. She was coached and knew what she was doing. These Japanese attorneys are heartless in these cases.