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The first case mentioned in the article was a bit vague but in the second case it seems it was really a scummy thing to do by the husband. This has always been a door that swings both ways though and the sooner Hague is ratified the better off everyone will be.Coligny wrote:Cute article on j-mothers who can't get their kids back from dirty foreigners because japan is not member of the Hague convention...
http://www.japantimes.co.jp/text/nn20120605f1.html
Low on details... and seemingly not putting too much accent on the US legal aspect of the thing... except to say that the fathers play by the book stateside...
Didn't knew that wife of us citizen needed to be sponsored for a visa... To access citizenship, yea, might not be an overnight affair... but spouse visa !?
Mock Cockpit wrote:The first case mentioned in the article was a bit vague but in the second case it seems it was really a scummy thing to do by the husband. This has always been a door that swings both ways though and the sooner Hague is ratified the better off everyone will be.
assured her that the children would return to Japan once cold shutdown had been achieved at the troubled reactors at the Fukushima No. 1 plant
Mock Cockpit wrote:The first case mentioned in the article was a bit vague but in the second case it seems it was really a scummy thing to do by the husband. This has always been a door that swings both ways though and the sooner Hague is ratified the better off everyone will be.
chokonen888 wrote:The interesting thing in both stories mentioned is that the kids are being kept in contact via Skype...not the same as spending time with them but not in the same league as cutting off all contact and badmouthing the other parent in their absence.
It is indeed a fine line between methodical and conniving.chokonen888 wrote:Sounds that way but put in a position of impending divorce, a bitchy wife, and the way Japan operates when it comes to these issues, I can't blame him for being methodical about it.
A woman who kidnapped her daughter and fled to Japan four years ago is trying to get permission from the court to remove the GPS tracking device she has been forced to wear since her return with the girl.
Emiko Inoue, ex-wife of Fox Point resident Moises Garcia, illegally took her daughter to Japan in 2008, and when she returned to Hawaii last year, was arrested for kidnapping and brought to Wisconsin to face charges. She remained in prison until her daughter, Karina, was returned to the United States in December.
Since her release from prison, Inoue has been forced to wear a GPS bracelet which allows the court to monitor her location at all times. She requested in February to have the device removed, and appeared in court Friday for a review hearing before a judge. The judge held off on making a decision, rescheduling the case for September.
Garcia said the GPS monitoring device has offered some solace because Inoue is trackable. He waited in the courtroom friday, fumbling with his fingers in frustration as attorneys talked privately with Judge Mel Flanagan.
Ultimately, there were no on-record statements or testimony made Friday and another review hearing was scheduled for Sept. 25.
"She is being given the benefit of the doubt at this point because if she doesn't comply, then we'll go to sentencing and she'll probably go back to Japan and doesn't maintain a relationship with her child," District Attorney Matt Torbenson said. "And, despite her lack of compliance up till now, I still think it's in the best interest of this child to have two involved parents. But, if she continues down this path, she's only going to be given so much rope," Torbenson said.
Since the return of her daughter, Inoue is required to do two things: sign a document that says that she will not attempt to obtain a visa, passport or any other travel documents; and provide a legitimate, certified copy of the document proving that she has withdrawn her custody appeal in the Japanese Supreme Court. She filed papers in July from the Osaka High Court in Japan saying that she had withdrawn her appeal, however, those documents were not certified and the court requested official copies.
"She's provided us a document that the appeal's been withdrawn, but there's no stamp on it, no certification, nothing that shows us that this is a real and true document from the Japanese courts and that there's nothing left. So, we set a new date to continue to work to accomplish those things," Torbenson said.
"If she doesn't comply with the agreement, then we go to sentencing and she faces up to 12 1/2 years in prison."
This is the first in an exclusive, three-part series in which Fox Point's Dr. Moises Garcia talks about his 4-year fight to successfully recover his kidnapped daughter, Karina, from Japan. This series chronicles the abduction, Moises' battle to maintain a relationship with her from more than 6,000 miles away, and takes a look at her today, age 10, as she celebrates her first birthday back in America since the abduction.
chokonen888 wrote:Nice to see them following through. As much as I want this bitch locked up for 12.5 years, I worry what message it will send to most Japanese and how it will be continually pushed with her as a poor, innocent, mother and Garcia as a violent and abusive barbarian that only won in US court because he's a citizen.
IparryU wrote:chokonen888 wrote:Nice to see them following through. As much as I want this bitch locked up for 12.5 years, I worry what message it will send to most Japanese and how it will be continually pushed with her as a poor, innocent, mother and Garcia as a violent and abusive barbarian that only won in US court because he's a citizen.
it will be like that one way or another... just throw her ass in there for 12 years and report the hell out of it. if it gets in the papers here in Japan, then some action might be taken in our lifetimes.
chokonen888 wrote:IparryU wrote:chokonen888 wrote:Nice to see them following through. As much as I want this bitch locked up for 12.5 years, I worry what message it will send to most Japanese and how it will be continually pushed with her as a poor, innocent, mother and Garcia as a violent and abusive barbarian that only won in US court because he's a citizen.
it will be like that one way or another... just throw her ass in there for 12 years and report the hell out of it. if it gets in the papers here in Japan, then some action might be taken in our lifetimes.
I still worry...but I do hope she gets the book thrown at her and that GPS on her til the kid turns 18
IparryU wrote: a few years in the slammer with a whole bunch of women who cant see their kids will give her some lessons of life.
In a four-year battle to bring his daughter Karina back home to Fox Point, Dr. Moises Garcia not only learned to speak fluent Japanese, but he spent more than $350,000 on more than three dozen trips to Japan to try and see her.
After learning that his daughter Karina had been abducted and taken to Japan by her mother, Emiko Inoue, in February 2008, Dr. Moises Garcia departed from Fox Point for his native Nicaragua to cope with the loss of his daughter and recharge.
He returned with a focus on the basics — to maintain a relationship with his daughter over the miles while navigating the legal challenges involved in bringing her back home.
Garcia studied many other cases and discovered that the most important aspect of child abduction cases like his was to establish jurisdiction. So he continued divorce proceedings in the United States. Inoue had left the United States on the day she was to be served with divorce papers and Japan does not have process servers. Instead, Garcia said, he had to publish a small summons in a Japanese newspaper for $7,000...
As soon as Karina stepped off the plane, her father knew something was very wrong. She could no longer speak any English and her father said she was very untrusting and confused.
As many 10-year-old girls begin to crush on boys, have slumber parties and enter the "tween" years, Karina Garcia is trying to decide the truth behind why she was kidnapped at age 5 and who in her family really does love her.
Karina was kidnapped by her mother, Emiko Inoue, in 2008 and taken from her Fox Point home to Inoue's native Japan on the day that her father, Dr. Moises Garcia, was having divorce papers served.
Garcia fought for a year to win sole custody of the child through American courts. But it would be months before he would see his daughter again, and nearly three years before she would set foot on American soil.
In December 2011, Inoue returned alone to the United States to renew her green card in Hawaii.
However, Garcia's attorney, Jim Sakar, was prepared. He had known she would have to come back to the United States so he sought an arrest warrant for custody interference. Inoue was immediately arrested and extradited to Wisconsin when she landed in Hawaii...
Evidence that the United States government is unconvinced of Japan’s sincerity has recently been highlighted by a new Senate resolution. Bipartisan Senate Resolution 543, dated Aug. 2, 2012, to express the sense of the Senate on international child abduction was introduced by California Sen. Barbara Boxer and 14 other senators, including 2004 Democratic presidential candidate John Kerry.
In the resolution, Japan is mentioned no less than three times: “Whereas Japan, India and Egypt are not parties to the Hague Abduction Convention and were also among the top 10 countries to which children in the United States were most frequently abducted in 2011″; “Whereas, in many countries, such as Japan and India, international parental child abduction is not considered a crime, and custody rulings made by courts in the United States are not typically recognized by courts in those countries,” and; “Whereas Japan is the only member of the Group of 7 major industrialized countries that has not ratified the Hague Abduction Convention.”
The resolution also quotes the U.S. State Department’s Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction from April 2010: “Research shows that abducted children are at risk of significant short and long-term problems, including ‘anxiety, eating problems, nightmares, mood swings, sleep disturbances (and) aggressive behavior’. “
[/quote]chokonen888 wrote:The resolution also quotes the U.S. State Department’s Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction from April 2010: “Research shows that abducted children are at risk of significant short and long-term problems, including ‘anxiety, eating problems, nightmares, mood swings, sleep disturbances (and) aggressive behavior’. “
gaijinpunch wrote:At this point, 'merica needs to send the "we're not fucking around" message at whatever cost.
GomiGirl wrote:Remember that the people who are abducting these kids are doing it as they truly believe they are doing the right thing for the child and for Japan.
Coligny wrote:It really read like, fuck you -other-, I'm keeping the house, the car, the kid and the law is with me so double fuck you...
Screwed-down Hairdo wrote:Coligny wrote:It really read like, fuck you -other-, I'm keeping the house, the car, the kid and the law is with me so double fuck you...
I'm with you.
Women do it the world over.
Cos that message has been so well received every other time it has been delivered on any number of issues?![]()
Sorry but in this sort of emotionally charged family situation, pulling out the "we are right and you are wrong" card is not going to work.
Remember that the people who are abducting these kids are doing it as they truly believe they are doing the right thing for the child and for Japan.
Screwed-down Hairdo wrote:Coligny wrote:It really read like, fuck you -other-, I'm keeping the house, the car, the kid and the law is with me so double fuck you...
I'm with you.
Women do it the world over.
gaijinpunch wrote:I don't believe that for a moment. I'm also a man, and not Japanese, so rational thought crosses my brain from time to time, unlike 90% of the people on the offending side of this issue. Whether they think they're doing what's best for child doesn't really matter if the person doing thinking is a fucktard. I don't think a lot of rational thought goes into most people's thoughts (Japanese, or other) when we're talking about the lowest common denominator. I honestly think most child abduction cases are done by the ultimately selfish...even if it's on a subconscience level.
GomiGirl wrote:Don't get me wrong, I am not excusing these people for abducting their children away from the other parent after divorce. It is morally wrong and criminally wrong in some countries. It is not a criminal issue for Japan and THIS is a problem.
I just don't think the solution is for America to be dishing out the justice against Japanese citizens.
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