Child Abduction Issue Explodes

[matsuki]

[Russell]

[Coligny]

After she tried to call members of her husband's family, she says she received the following email from her husband: "Please do not contact any family members as they are not involved. You can contact me through this email. I have been to family court today."

Kaori adds: "I have been advised by police in Japan that they cannot do anything as my son was taken by his father. Also, a lawyer said that because Japan has not signed the Hague Convention, I cannot do anything from Japan.

[...]

The most straightforward option would be to go to New Zealand, hire a local attorney to get a court order within New Zealand, get the child back locally and then bring the child back to Japan.

In this case, it is possible that the father took the mother and the child to Japan intentionally, in order to avoid the application of the convention, which both Britain and New Zealand have ratified. However, Kaori may also be able to file a case based on the convention from either of those countries. Since the child had only been in Japan a few days when he was taken to New Zealand, she may be able to insist that the country of residence of the child is still the U.K., not Japan.

In conclusion, she needs to take action in Britain or New Zealand, and not much can be done from within Japan. It is expected that Japan will ratify the convention in the near future, but it is not retroactive so it will not change Kaori's situation.

Judging by the level of planning, I think the guy might have also squarely handled the legal side of the problem...

It's like hunting moskitoes with a bazooka. But a plan so carefully smartly and -sort of- humanly planned (ok, she got no job, but she is back in her own country) deserve immense praise. The day I go back to freelance intel business I want to have this guy on my team...

[Mike Oxlong]

[matsuki]

Judging by the level of planning, I think the guy might have also squarely handled the legal side of the problem...

It's like hunting moskitoes with a bazooka. But a plan so carefully smartly and -sort of- humanly planned (ok, she got no job, but she is back in her own country) deserve immense praise. The day I go back to freelance intel business I want to have this guy on my team...

I dunno about humanly but d00d seems to have planned this down to the very last detail...and seems to have pulled it off pretty well IF she's telling the truth. Her story is that they moved to Japan, his is probably something like they went on vacation and she just never came back. Who knows what actually happened....but this is the reason why all countries should be on board with the Hague.

[maraboutslim]

Which is better? Arguing that fathers (Japanese and Foreign) should have shared custody of their children because: it's some sort of international standard of behavior codified into international treaty Japan should also sign; or because that's what's best for the child?

At times, pushing for the former without the latter makes this issue seem like some kind of property rights dispute and that's pretty disturbing when we're talking about children.

[IparryU]

Judging by the level of planning, I think the guy might have also squarely handled the legal side of the problem...

It's like hunting moskitoes with a bazooka. But a plan so carefully smartly and -sort of- humanly planned (ok, she got no job, but she is back in her own country) deserve immense praise. The day I go back to freelance intel business I want to have this guy on my team...

Guy was pretty smart... OR... his wify isn't telling the story right... Whoever is planned this out though, covered all the bases.

Kaori adds: "I have been advised by police in Japan that they cannot do anything as my son was taken by his father. Also, a lawyer said that because Japan has not signed the Hague Convention, I cannot do anything from Japan.

<sarcasm>WOW... chalk one up for the FG! If we even the score with the Japanese they might think of signing the damn paper to get their kids back... but lets trade the "criminals" as well... many Japanese house wives get the pleasure to go to an american prison... 3 hots and a cot, great exercise program, and an hour of community time to get to know your neighbors!</sarcasm>

Something really has got to be going on between the two... I take it that she is some crazy control freak and threatened the husband a few times to go back to Japan and what not.. so he came up with this... really sucks that the kid wont get to see his mom...

but on a serious note... put one up there for the FG for the level of fuckedness he went to abduct his kid. Something just don't seem right...

[Guest]

[Catoneinutica]

Japan prides itself on its Peach-Boy deviousness, but sometimes a gaijin is able to deliver a hot, sweaty load of pwnage to the tansoku tribe, much like Jobs did with the iPod - and this guy with his Hague-circumventing-circumventing scheme. Kudos, playa!

[Mike Oxlong]

Way back in post #528 and 531 we started discussing this now updated story:

Mom who took child to Japan faces criminal charges here

A 43-year-old Japanese woman is scheduled for trial in Milwaukee Monday on charges that she has unlawfully kept her daughter in Japan since 2008 in violation of U.S. custody orders.

An advocacy group for parents whose children have been kidnapped and taken to other countries, usually by their other parent, says the case could lead to the first return of such a child from Japan. Not only does Japan not return children of Japanese citizens to the U.S., it does not extradite accused abductors to the U.S. either, according to the group Global Future.

But Emiko Inoue was arrested during a visit to Hawaii in April, and is now in the Milwaukee County Jail.

Her trial on charges of interfering with child custody, a felony, is scheduled to continue Monday before Circuit Judge Mel Flanagan. A portion of the non-jury trial was held last month.

Inoue's ex-husband, Milwaukee physician Moises Garcia, was granted legal custody of the couple's daughter in June 2009. After Inoue failed to appear for hearings in the couple's divorce, which was filed in February 2008, Inoue was found in contempt. The judge also ordered the child returned to the United States, or that she be turned over to Garcia in Japan, but neither occurred.

Garcia got to see his daughter in Japan in March 2009, and posted video of that on YouTube. Text with the posted video says he was "supervised and enclosed" by Inoue during the visit.

According to an article from a Japanese newspaper, Inoue had gone to a Japanese court, which awarded her custody of the child and granted Garcia 30 days for visitation a year. One of Garcia's attorneys, who posted the Japanese article on his website, argues that the case has been distorted in the Japanese press.

[IparryU]

Way back in post #528 and 531 we started discussing this now updated story:

Mom who took child to Japan faces criminal charges here

this an actual win... kids not back, but the bitch gets to sit in jail.

anyone know how bad a Milwaukee jail is? I was sorta hoping she would get jailed in Cali or the souf...

[maraboutslim]

this an actual win... kids not back, but the bitch gets to sit in jail.

It's certainly not a win for the kids. And that should be our primary concern here!

Kids are not property to be fought over! All custody "disagreements" should be handled in whatever manner causes lease harm to the children, even if that means severe sacrifice on the part of one or both parents. It's the gig we sign up for when we breed.

[IparryU]

It's certainly not a win for the kids. And that should be our primary concern here!

Kids are not property to be fought over! All custody "disagreements" should be handled in whatever manner causes lease harm to the children, even if that means severe sacrifice on the part of one or both parents. It's the gig we sign up for when we breed.

... the part about wining is the slap in the face action that japan gets for defending child abductors.

getting emotional about the children and what not aint changing shit. what will make a change is a nice prison sentence that screams "dont you fuckin dare".

getting the kids back is another battle, but japan will probably urge the USofA to give her an easy sentence as she was abused, blah...

[Guest]

Kids are not property to be fought over! All custody "disagreements" should be handled in whatever manner causes lease harm to the children, even if that means severe sacrifice on the part of one or both parents. It's the gig we sign up for when we breed.

Kids ARE property in Japan and fighting to protect them from the cruel system there is what is best for them.

The mother kidnapped the children; that is a most cruel form of child abuse that must be stopped. It is what is best for all kids, past, future and present.

Your comment is exactly what Japanese diplomats say when parents continue to pursue the rescue of their children.... "Yes, we removed them from their loving home and familiar environment, but now that they are removed and "settled" it is best for them if you leave them alone".

Total bullocks. What is best for them is if the criminal kidnapper is locked up and the kids are brought back to safety.

[Samurai_Jerk]

Way back in post #528 and 531 we started discussing this now updated story:

Mom who took child to Japan faces criminal charges here

If they hold her in contempt for refusing to obey a court order they could theoretically lock her up her indefinitely until she complies.

[Bucky]

The television news report of the Milwaukee case can be seen here:
http://www.wisn.com/r/29824614/detail.html

[Guest]

Cliche statements like Gomi girl's "This shouldn't be a Japanese vs the rest of the world issue," and Mara's "It's certainly not a win for the kids. And that should be our primary concern here!" cloud the issue of what is going.

This ongoing tragedy is the rest of the world versus Japan, and what's best for the kids is to protect them from the criminal system of Japan.

[maraboutslim]

The government - Japanese or "the rest of the world" - wouldn't need to be involved at all in family disputes if the adults involved could just handle their own shit. Except in very rare cases of sudden onset psychosis that caused one parent to freak out, these disputes amongst parents (or "kidnappings") should garner little sympathy from us normal people who manage to handle our marriages and child rearing without government intervention (and immense cost to taxpayers). They got themselves into their mess.

[matsuki]

The government - Japanese or "the rest of the world" - wouldn't need to be involved at all in family disputes if the adults involved could just handle their own shit. Except in very rare cases of sudden onset psychosis that caused one parent to freak out, these disputes amongst parents (or "kidnappings") should garner little sympathy from us normal people who manage to handle our marriages and child rearing without government intervention (and immense cost to taxpayers). They got themselves into their mess.

TIJ, where "normal" means to bottle up most of your emotions, ignore all reason and sensibility to avoid looking like you aren't a team player, and where suicide on your commute to-from work is a daily occurance. Then there is the (lack of) father - childd relationship....and not so rare old man and child prostitution.

[Mulboyne]

[matsuki]

No it isn't. There are many countries which are not signatories to Hague, including some with the largest populations on the planet. Characterizing this issue as "Japan versus the world" is not only unhelpful, as GomiGirl described, but plain wrong.

Yeah, the problem is much bigger than just Japan. China and Russia have also yet to sign but China isn't exactly about keeping children in China (friend of mine's mother was forced to have an abortion when she became preggers with a second child) and in Soviet Russia, the treaty signs you (OK, seriously though, shit just needs to become international law that is recognized and enforced by all countries...if the parents have a fucked divorce, the country they reside in will usually decides how that will play out but when that doesn't end how you like it, you shouldn't be able to just steal away your children to another country to avoid the outcome)

[Mike Oxlong]

The television news report of the Milwaukee case can be seen here:
http://www.wisn.com/r/29824614/detail.html

Gonna be very interesting to see how this all plays out...

Garcia's been awarded full custody, but his legal battle, with volumes of court documents and a cost of $350,000, has taught him not to get too optimistic.

In fact, Karina's grandparents told the Fuji News Network in Japan on Tuesday:

"We would like to respect the wishes of our granddaughter. Our granddaughter does not want to go to the United States."

Garcia said he's not surprised. He's only been able to spend about two hours with her in the past three years.

"Karina has been totally brainwashed, almost brainwashed, because she hasn't been allowed any contact with me. She's been told their side of the story and hasn't had a chance to hear my side," Garcia said.

He's confident their relationship of old will be back in no time, once she's back home in Fox Point.

"I have a team of psychologists that would help, I have interpreters, too. I speak Japanese, and I'm ready for her. I also cook Japanese food. I'm prepared for her," Garcia said.

"Just counting the days?" 12 News reporter Nick Bohr asked.

"Counting the days, counting the moments. I know it's going to be tough, but yeah, I'm ready. I've been ready for four years," Garcia said.

Garcia's ex-wife was facing the possibility of more than 12 years in prison if she didn't agree to returning Karina. That deal was just formalized late Tuesday afternoon when she signed a written agreement.

She won't be released, though, until Karina is back in Fox Point.

Read more: http://www.wisn.com/news/29836839/detail.html#ixzz1edEUN4Rj

So, the maternal grandparents want to respect the wishes of the child. I wonder if the child made the final call on whether to leave her father and move to Japan or not.

[Coligny]

So, the maternal grandparents want to respect the wishes of the child. I wonder if the child made the final call on whether to leave her father and move to Japan or not.

Yeah and the Pravda has always been telling the truth...

[matsuki]

If Inoue abides by the agreement, her charge will be reduced to a misdemeanor after three years. She's pledging to continue to fight for custody.

...and I could pledge to enter the Olympics but.....

[Guest]

No it isn't. There are many countries which are not signatories to Hague, including some with the largest populations on the planet. Characterizing this issue as "Japan versus the world" is not only unhelpful, as GomiGirl described, but plain wrong.

Ok, I will change my statement... Concerning the issue of child abduction, both International and domestic, it is Japan versus all of Western Europe, all of North America, most of Central and South America, Australia, New Zealand, and nearly every country in Asia.

Your statement, "they got themselves into this mess" is extremely saddening and depressing. Who exactly "got themselves into this mess"? The children? The left behind parent? I assume you are such a good judge of character, what has happened to so many loving devoted and reasonable foreign parents, won't happen to you.

The problem is not "parents being unable to handle their own shit". The problem is the is no forum to resolve any problems when they occur. The only viable advice is to take your children and isolate them from the other parent so you can "win" and have access to them. That is insanity.

Parents "handling their own shit" doesn't happen for foreign parents when the Japanese parent decides they just don't want them around anymore. The balance of power within a Japanese family (when both parents are Japanese) goes to the first parent to kidnap and isolate the child. In the case of a foreign parent, the power lies with the Japanese parent. The only actual power the Japanese family court system has is to remove child from a foreign parent and give them to the Japanese parent.

Mara, please do a bit of reading on the subject. It would go a long way to help parents who just want to be able to see their children.

[Mulboyne]

[Mike Oxlong]

[JLR]

Yeah, the problem is much bigger than just Japan. China and Russia have also yet to sign

The difference is in Russia if the guy has enough cash he can get the kid and courts to side with him.

Also it's slightly sad when Japan is being the same as China and Russia.

[Coligny]

Also it's slightly sad when Japan is being the same as China and Russia.

FUCK YOU

[YT]DY_1uawVZ2Y[/YT]

[james]

Also it's slightly sad when Japan is being the same as China and Russia.

give it time and they'll be behind them, too.