Child Abduction Issue Explodes

[matsuki]

Inoue hasn't even seen her daughter in three years, and the D.A.'s office is confident that initial visits would be supervised ones.

Really weird...hard to be "children need both parents!" if you keep (even the batshit crazy) mother from supervised visits for 3 years. Unless it's Inoue that hasn't sought visits? Also, if Inoue gets US citizenship, wouldn't that lose her any protection from another snatch and run or is the "because Japanese" fear extend beyond nationality? Need more facts but it sounds like Garcia is exactly what Kuro is describing..."Emospazzzzz"

[kurogane]

FTR, I was drunked when I wrote that shit, but this focus on emotion in news stories drives me nuts. Anyhoo, I still don't get the why and wherefores from that rubbish story. Is this that Asian Einstein that got herself caught because she entered the US to renew her PR status and they stopped her and took the child? Sounds like a special couple. (EDIT: confirmed. She's the one that got nabbed in Hawaii).

Also, Choko: I don't know how it works but Jpn that naturalise to Canada almost never formally give up their Jpn citizenship, but of course, we don't require that so it is between them and Japan. I can't remember how it works when you take US citizenship.

At any rate, a rubbish scare story, badly written and poorly investigated.

[matsuki]

Also, Choko: I don't know how it works but Jpn that naturalise to Canada almost never formally give up their Jpn citizenship, but of course, we don't require that so it is between them and Japan. I can't remember how it works when you take US citizenship.

If the ex-husband is dilligent, he'll make sure the Japanese authorities know she has gained US citizenship. (Canadia or US, Japan doesn't recognize dual citizenship)

[kurogane]

As he should, but in my experience Don't Ask, Don't Bother is the Japanese policy towards Jpn holding 2 passports. Does the US aggressively or systematically check up on whether naturalising immigrants properly renounce other citizenships like Japan does with FG? Also, let's remember she could easily run to Japan on a US passport and then just revert to Jpn.

I sincerely hope the child adjusts and learns to be happy and that the authorities prevent the mother from pulling any more crap, but her husband sounds like a dope. Talks like one too. From watching that video she isn't as Full Keiko as I had hoped, but she does look older than him, which would be par for the abduction profile.

So, as a friendly PSA, let us remember The Prime Directive: don't stick your dick in crazy, and if you do use a condom that she hasn't had anytime alone with.

[BigInJapan]

Also, Choko: I don't know how it works but Jpn that naturalise to Canada almost never formally give up their Jpn citizenship, but of course, we don't require that so it is between them and Japan. I can't remember how it works when you take US citizenship.

If the ex-husband is dilligent, he'll make sure the Japanese authorities know she has gained US citizenship. (Canada or US, Japan doesn't recognize dual citizenship)

Canada has recognized dual citizenship as long as I can remember.

While having dual (or multiple) citizenship is legal in Canada, some countries do not legally recognize dual citizenship.
- See Government of Canada:Travelling as a dual citizen

And it seems that the US also recognizes dual citizenship - is your interpretation different?

Based on the U.S. Department of State regulation on dual citizenship (7 FAM 1162), the Supreme Court of the United States has stated that dual citizenship is a "status long recognized in the law" and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both*.
- See United States nationality law: dual citizenship Wiki

* Wikipedia, so it may or may not differ from the actual situation.

[matsuki]

Also, Choko: I don't know how it works but Jpn that naturalise to Canada almost never formally give up their Jpn citizenship, but of course, we don't require that so it is between them and Japan. I can't remember how it works when you take US citizenship.

If the ex-husband is dilligent, he'll make sure the Japanese authorities know she has gained US citizenship. (Canada or US, Japan doesn't recognize dual citizenship)

Canada has recognized dual citizenship as long as I can remember.

While having dual (or multiple) citizenship is legal in Canada, some countries do not legally recognize dual citizenship.
- See Government of Canada:Travelling as a dual citizen

And it seems that the US also recognizes dual citizenship - is your interpretation different?

Based on the U.S. Department of State regulation on dual citizenship (7 FAM 1162), the Supreme Court of the United States has stated that dual citizenship is a "status long recognized in the law" and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both*.
- See United States nationality law: dual citizenship Wiki

* Wikipedia, so it may or may not differ from the actual situation.

My interpretation of my punctuation says that means Japan doesn't recognize dual citizenship...regardless of the other citizenship being US or Canadian. How that works in practice though, Kuro may have the right of.

[BigInJapan]

My interpretation of my punctuation says that means Japan doesn't recognize dual citizenship...regardless of the other citizenship being US or Canadian. How that works in practice though, Kuro may have the right of.

Ah, gotcha. Good ol' grammar (my brain doesn't always function well before 10 am, time for a caffeine infusion...).

[matsuki]

5:30pm here and you just solved my alertness problem. Must...have...caffiene!

[kurogane]

My only point is that Japan doesn't recognise it but they rarely do anything about it.........if the dual in question is originally Japanese, or born to one. You really have to screw the pooch and throw it in their face to get them moving on that one, probably out of fear of a serious constitutional challenge. Legal opinion on whether Japanese law forbids duality is far from uniform. From what I have heard and read they actively pursue naturalising FG to make sure they renounce, even though the Jpn phrase is "abandon", which does not necessarily mean formal renunciation is required even though they say it is. Remember that thread a while back from Somebody Who Knew Somebody that was stripped of their Jpn citizenship because they didn't renounce and had acted in bad faith?　

At any rate, that's irrelevant. Mrs. Inoue could easily pull a fast one and naturalise as an American, fly back to Japan and pull an Alberto Fujimori. What I don't get is how her naturalisation (or not) would affect her status on a No Fly list, or for that matter any of that hysterical speculation in that story. Which is why I called it scaremongering BS, though I sincerely hope that the young girl and her dopey daddy are left in peace and happiness.　Just because the 2 moron parents seem to deserve each other doesn't mean the poor kid does. It would be interesting to hear if she regrets being yanked back out of a first world country and having to grow up in the states( )

[Samurai_Jerk]

What I don't get is how her naturalisation (or not) would affect her status on a No Fly list, or for that matter any of that hysterical speculation in that story.

That part didn't make any sense to me either. There are plenty of Americans on the no-fly list.

[inflames]

And it seems that the US also recognizes dual citizenship - is your interpretation different?

Based on the U.S. Department of State regulation on dual citizenship (7 FAM 1162), the Supreme Court of the United States has stated that dual citizenship is a "status long recognized in the law" and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both*.
- See United States nationality law: dual citizenship Wiki

* Wikipedia, so it may or may not differ from the actual situation.

The US basically doesn't recognize dual citizenship - in the eyes of the US government, US citizens are only US citizens until they are walking into a consulate/embassy to formally renounce their US citizenship. The can't do anything about the other citizenship, nor can the government easily take away US citizenship.

I had heard that Japanese embassies and consulates overseas were checking the status of people renewing passports (if there was no visa, asking for immigration ID), although I guess that is pretty easy to get around.

[Coligny]

What I don't get is how her naturalisation (or not) would affect her status on a No Fly list, or for that matter any of that hysterical speculation in that story.

That part didn't make any sense to me either. There are plenty of Americans on the no-fly list.

Just google it... Not in the "lmgtfy" way.

More in the "what an epic clusterfuck this is" kind of way... With due process being a collateral damage of a date rape drug rapist...

[Mike Oxlong]

Ex-special forces soldiers recover kids caught up in custody battles

A security expert who specializes in the safe recovery of youngsters involved in cross-border custody disputes is “skeptical” whether Japan will ever shrug off its reputation as the “black hole of international parental child abduction.”

Adam Whittington heads a team of former special forces and police personnel who are dispatched around the world to recover children who have been wrongly removed from their home country by one of their parents.

In 16 years, his company has returned approximately 150 children from at least 50 different countries, including Japan.

His firm receives many calls from parents desperate to get their kids back—despite the fact that a global agreement is in place which should facilitate the process.

The Hague Convention on International Child Abduction, which Japan signed up to in 2013 and formally joined in April 2014, is supposed to ensure children are promptly returned to their country of “habitual residence” if taken to another country by one of their parents.

The cases typically involve couples in an international relationship which fails and one parent takes the child back to his or her native country.

But, Whittington, 39, who heads Child Abduction Recovery International, says the convention has many deficiencies and abducted children are failing to be returned all over the world due to lax enforcement by local authorities.

His company gets many requests for assistance, particularly from Western fathers seeking to retrieve their children from Asia, including Japan.

CARI will only agree to act for a client if it is clear the overseas court has ruled in their favor and ordered that the child be returned under the convention to his or her country of habitual residence.

A team will be dispatched to the country in question to try and locate the abducting parent and child.

Then, a surveillance operation will be carried out in order to find a “safe and fast opportunity” for the other parent to take the child with the team’s assistance, said Whittington.

In the past, he has worked for the British police and Australian army, and in 2000 he assisted the family of British woman Lucie Blackman who went missing in Japan. Her body was later found mutilated and a Japanese man is currently serving time in prison for the crime.

Prior to Japan joining the convention, Whittington says the country was known as the “black hole of child abduction” because Japanese courts would invariably side with the Japanese national—usually a mother—and order that the child should remain in Japan.

While there have been returns of children under the convention from Japan, Whittington remains skeptical.

Speaking from his home in Sweden, he told Kyodo News, “We hope Japan sees the light and comes out of the Dark Ages because it has had a bad reputation when it comes to international child abduction. There have been some returns, which is great, and I hope they stick to it.

“It’s down to the individual judges and many of them are not experienced in international child abduction.”

But even if the left-behind parent is granted a return by a judicial or administrative authority it can often “mean nothing” as the abducting parent will find ways of getting around the system, says Whittington.

“Many of the fathers know they are going to have a massive battle on their hands. The convention needs to be rewritten for 2015. The percentage of return rates, from our experience, is about 3 percent, which is shocking,” he said.

“Many of the abducting parents go on the run once a decision has been made the child should be returned. Their lawyers tell them to go and hide for 12 months—sometimes in another country—because after that period it is easier to persuade a judge that this (new) country is the child’s habitual residence.”

Whittington says about 50% of his cases involve tracking down parents who have deliberately “disappeared” following a Hague ruling against them.

One of his current cases involves tracking down a Japanese mother who has “deliberately disappeared” and he notes there are several Japanese websites which tell mothers how to exploit the convention in this way.

Whittington said deliberately disappearing “is happening everywhere. Enforcing (the Hague convention) is by far the biggest problem and this is why we are so busy.

“The right of return (under Hague) is just a piece of paper and the (left-behind) parent can’t just take it to the police and get it sorted and this is why we get involved.”

So far, Whittington has not been called upon to enforce a Hague order in Japan, but in 2013 he assisted an Italian man in retrieving his 4-year-old son from his Japanese mother after being granted full custody in Japanese courts.

About 95% of his work is enforcing Hague orders, although occasionally Whittington will act in a non-Hague country—and without legal backing—if he is convinced there is a moral case in removing the child due to a threat of abuse, for example.

Some people may think that removing a child in this way from one of its parents is disruptive and harmful. However, Whittington defends his actions.

He said, “I do it because there is no one else to help these children and they are in the middle of a battle between two parents.

“Often, these children are not leading normal lives. These kids don’t go to school or to the doctors because they are on the run. They live like fugitives. They don’t go and play on the streets, because they know the police are trying to find them.”

http://www.japantoday.com/category/crim ... dy-battles

[matsuki]

If you can't push, pull? At some point it seems cheaper/more effective to mount a psychological campaign here, showing interviews of abducted children that miss their other parent or grown up abducted kids that resent/are estranged from their J-parent because of their decision to steal them away. It sure as hell wouldn't be hard to show how shitty and pathetic a kid "in hiding" would live in comparison to how nice they could be living overseas. Address the "mama says daddy was violent" BS with the kids siblings talking about how good a father he was. etc etc. Coin a new katakana word or two like "abuko" and you're gold.