I wonder if ohnuki has ever even read the Hague Convention, let alone even understand what it is and what it means. The Hague has nothing to do with domestic abuse/violence but only with returning the child to the place habitual residence so THAT country can determine custody of the child. Article 13(b) of the Hague specifically states that the child does not have to be returned if it is ESTABLISHED that “return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.” If there is domestic abuse/violence, there’s a good chance that the child could be subject to similar harm and even psychological harm. Certainly, there’s an argument that such an environment may rise up to putting the child in an intolerable situation. Basically, the Hague punches a Mack truck hole to that stupid claim that the Hague is not good for japan because, as ohnuki alleges, it doesn’t address his so called abusive, violent foreign husbands. The Hague specifically permits a child not to be returned under circumstances, such as an abusive/violent environment, so long as - and the key is – it is “ESTABLISHED” that the child would be exposed to such harm, but ohnuki and his immoral clients can't get pass the smell test if they actually had to “establish” real evidence of abuse to prevent the kidnapped child from being return to the habitual home. Further, the japanese government could add conditions to the Hague when they adopt it.
I am curious why ohnuki has never once provided any back up to support his outlandish claims. The article states ohnuki handles about 200 divorces each year between international matches – which I presume means international marriages. Well, out of those about 200, how many involved custody? Also, I recall this ohnuki had recently alleged that 90% (or was it over 90%) of his cases involved domestic violence by the foreign spouse. Again, nothing to back up any of these outrageous claims. He must lawyer just like most of his immoral, lying, cheating clients – just throw everything against the wall because something is bound to stick.
If there really is domestic abuse/violence, then that ohnuki “victim” client should have reported it to the police and talk to prosecutors, protective services, etc. so the abuse can be dealt with in that country. These people cannot be excused to commit the crime of international child abduction in the country of habitual residence and flee to japan. They are subject to that country’s laws as any foreign parent that enters japan would be subject to japanese laws if they were, for example, to try to see their kidnapped children. If they are truly fleeing for their safety, why haven’t these people sought out medical, psychological, protective and police assistance for themselves or the children when they arrived in japan? Rather, the first thing these people do when they arrive is to hire someone like ohnuki and file an action for divorce and custody.
Could it be ... possibly be ... that what they are really interested in is trying to keep child for their own self interest and not that of the child’s best interest ...? Well, guess what? These left behind parents certainly aren’t going to agree to any divorce/custody action. Since japan doesn’t have “no-fault” divorce – meaning there must be fault to be able to get divorced unless the couple mutually agree to end the marriage – the magic thing to do is to allege abuse/violence and anything else you can imagine and bada bing … you get the divorce and the child by the make-believe court.
Is this where your over 90% domestic violence figure comes from ohnuki …?
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