Child Abduction Issue Explodes

[Mulboyne]

The issue will be whether Japan cares about being censured later for failing to uphold treaty commitments. The government didn't enjoy being put on the US human trafficking watch list, and took measures to get off it, but hasn't been similarly concerned about enforcing international anti-corruption treaties.

We'll have a better idea when we see the draft proposals.

[Bucky]

A judge in Franklin, Tenn., has awarded a man $6.1 million from his ex-wife who took their two children to Japan and never returned. It remains unclear whether Christopher Savoie will ever actually get the money in behalf of his children, 10-year-old Isaac and 8-year-old Rebecca.

His ex-wife, Noriko Esaki Savoie, who is Japanese, left with the children for Japan in 2009. After that, a Tennessee court issued a warrant for her arrest and gave the father full custody, dropping a partial custody provision. But the order had no effect because Japan hasn't signed an international treaty governing child abduction.

Christopher Savoie, now 40, tried unsuccessfully to get the children when he made a trip to Japan after his ex-wife and children left.

I guess Mr. Savioe can count on his ex-wife not returning to the US anytime soon.

[matsuki]

I guess Mr. Savioe can count on his ex-wife not returning to the US anytime soon.

http://www.sacbee.com/2011/05/09/3613806/61m-awarded-in-japan-child-custody.html

NICE! I'm tellin' yah, it's bounty hunter time!

[Iraira]

NICE! I'm tellin' yah, it's bounty hunter time!

So, what would happen, if Savoie was to pay someone here to kidnap his wife and kids, and dump them off in the US Embassy compound?

[matsuki]

So, what would happen, if Savoie was to pay someone here to kidnap his wife and kids, and dump them off in the US Embassy compound?

I hope we get to find out!

[matsuki]

[Cyka UchuuJin]

Hmmm, I read more on what's going on and the tactic is spelled out pretty clealry:

i seriously doubt that noriko has 6 million yen, much less dollars.

[matsuki]

[Cyka UchuuJin]

i would think enforcing a hefty monetary damages ruling would make her entrench herself even deeper in Japan. at least there, even if Japan recognises those kinds of awards, what are they really going to do to get money out of her? a big fat NADA!

America is full of fuck ups when it comes to these cases. i am personally close to a case where an american man was sent to prison for 3 years for embezzlement, and not only was he able to prevent the american mother from moving out of the country for a year for her to accept a high paying expat job, but was forced to pay the fucker alimony AND 'emotional damages' for even suggesting that the kids (who were in their early teens and didn't even want to see him!) would not visit him while in the slammer.

cases get screwed up and dragged through endless red tape every day. it happens. adding monetary damages to all this just makes him look greedy. and if i were an american tax payer, i'd be mighty pissed off that my tax money is going on this endless merrygoround of claims he's now filing against judges.

[Coligny]

i would think enforcing a hefty monetary damages ruling would make her entrench herself even deeper in Japan. at least there, even if Japan recognises those kinds of awards, what are they really going to do to get money out of her? a big fat NADA!

America is full of fuck ups when it comes to these cases. i am personally close to a case where an american man was sent to prison for 3 years for embezzlement, and not only was he able to prevent the american mother from moving out of the country for a year for her to accept a high paying expat job, but was forced to pay the fucker alimony AND 'emotional damages' for even suggesting that the kids (who were in their early teens and didn't even want to see him!) would not visit him while in the slammer.

cases get screwed up and dragged through endless red tape every day. it happens. adding monetary damages to all this just makes him look greedy. and if i were an american tax payer, i'd be mighty pissed off that my tax money is going on this endless merrygoround of claims he's now filing against judges.

And I know a guy who went directly to the slammer because the maid said he tried to bone her...

The current head of the FMI...

Biggest clusterfuck ever...

[Mike Oxlong]

And I know a guy who went directly to the slammer because the maid said he tried to bone her...

The current head of the FMI...

Biggest clusterfuck ever...

TDS has been wicked good lately...honed to a fine edge.
[cc]386283[/cc]

[Tsuru]

And I know a guy who went directly to the slammer because the maid said he tried to bone her...

The current head of the FMI...

Biggest clusterfuck ever...

I've heard he has an eye for the ladies... in the way that he has had physical sexual harassment claims up the wazoo since... well forever. All neatly covered up as he is partial to the French Parti Socialiste.

First they picked him up out of a plane ready to depart trying to flee the country, then he had an alibi and now they are going with the "but she wanted it" defence. He spent last night on Rikers Island after having been denied $1m bail and I can't really say I feel sorry for him.

[Samurai_Jerk]

I've heard he has an eye for the ladies... in the way that he has had physical sexual harassment claims up the wazoo since... well forever. All neatly covered up as he is partial to the French Parti Socialiste.

First they picked him up out of a plane ready to depart trying to flee the country, then he had an alibi and now they are going with the "but she wanted it" defence. He spent last night on Rikers Island after having been denied $1m bail and I can't really say I feel sorry for him.

Don't forget the fact that he left most of his belongings when he fled the hotel. The circumstantial evidence sure doesn't look good.

[matsuki]

[Cyka UchuuJin]

More from the man himself



I'm not a lawyer but based on his tactic, I think he'll be getting his kids back. May take a ton of time, money, and effort but I don't see how he can ultimately lose without Japan losing total credibility and doing even more damage to their economy.

big difference between contracts made in japan and contracts made/awarded outside of japan. i'm still waiting for payment on two contracts made between a japanese importer and a kenyan exporter back in 2008. one of them even went to court in japan and was awarded in my favour, but i never saw anything except the bill from my lawyer (who then threatened to take ME to court if i didn't pay it because even in his own words, it doesn't matter that the importer will probably never pay me, but the lawyer performed the service i asked, therefore i have to pay him).

making an assumption that he will get the kids back based on a monetary award from an american court is completely ridiculous. and do you think noriko is scared of a financial award given to him by a court in america? of course not. as long as her and the kids are in japan, she is completely protected.

[matsuki]

big difference between contracts made in japan and contracts made/awarded outside of japan.

Cyka, I love yah to death but did you read where it says Japanese courts recognize contracts made/awarded outside of Japan? he even cited a similar and specific case where two Japanese had a dispute handled by a Hawaiian court and it was upheld by the Japanese court. He has even more ammo than that case.

i'm still waiting for payment on two contracts made between a japanese importer and a kenyan exporter back in 2008. one of them even went to court in japan and was awarded in my favour, but i never saw anything except the bill from my lawyer (who then threatened to take ME to court if i didn't pay it because even in his own words, it doesn't matter that the importer will probably never pay me, but the lawyer performed the service i asked, therefore i have to pay him).

I'm going back to LA at the end of this month for mediation on something similar. I'm in deep with my lawyer so I totally feel your pain....but I am fighting til the end, even if it I end up with more paid to my attorney than in the settlement. Anyhow, in your case, it sounds like you had trouble enforcing the judgment in Kenya? That really sucks but it's a bit different than enforcing a Kenyan (or American) judgment in Japan. As I said before, he's going have to invest a load of time, money, and effort to see this through but he seems determined and it looks like he will have the tools to make her life in Japan hell.

making an assumption that he will get the kids back based on a monetary award from an american court is completely ridiculous. and do you think noriko is scared of a financial award given to him by a court in america? of course not. as long as her and the kids are in japan, she is completely protected.

I'm saying he's got a ton of legal ways to force her to give up. With that kind of a judgment against her, how is she supposed to live, let alone take care of the children? Can't imagine she's be able to own a home, car, etc. Any salary she made could be withheld. Of course this type of enforcement only happens when you pay and spend the time to make it happen but sure sounds like he will go that far.

[Coligny]

Don't forget the fact that he left most of his belongings when he fled the hotel. The circumstantial evidence sure doesn't look good.

Hum... he forgot his mobile phone while being late to catch his scheduled plane... There's not a lott of people today in France that don't think it's a coup from Sarkozy and friends against DSK.

The maid was working there since only 3 month, the CEO of the hotel chain Sofitel is a former CEO Bouygues Telecoms, Bouygues Group belong to one of the closest friend and ally of Sarkozy...

[Greji]

Hum... he forgot his mobile phone while being late to catch his scheduled plane... There's not a lott of people today in France that don't think it's a coup from Sarkozy and friends against DSK.

The maid was working there since only 3 month, the CEO of the hotel chain Sofitel is a former CEO Bouygues Telecoms, Bouygues Group belong to one of the closest friend and ally of Sarkozy...

I like what you're hinting at there. Love those setups.....

[Doctor Stop]

[Cyka UchuuJin]

I wonder if it's Noriko, that bitch.

that wsn't posted by me.

[Cyka UchuuJin]

Cyka, I love yah to death but did you read where it says Japanese courts recognize contracts made/awarded outside of Japan? he even cited a similar and specific case where two Japanese had a dispute handled by a Hawaiian court and it was upheld by the Japanese court. He has even more ammo than that case.



I'm going back to LA at the end of this month for mediation on something similar. I'm in deep with my lawyer so I totally feel your pain....but I am fighting til the end, even if it I end up with more paid to my attorney than in the settlement. Anyhow, in your case, it sounds like you had trouble enforcing the judgment in Kenya? That really sucks but it's a bit different than enforcing a Kenyan (or American) judgment in Japan. As I said before, he's going have to invest a load of time, money, and effort to see this through but he seems determined and it looks like he will have the tools to make her life in Japan hell.



I'm saying he's got a ton of legal ways to force her to give up. With that kind of a judgment against her, how is she supposed to live, let alone take care of the children? Can't imagine she's be able to own a home, car, etc. Any salary she made could be withheld. Of course this type of enforcement only happens when you pay and spend the time to make it happen but sure sounds like he will go that far.

regardless of what the law says, a japanese court will always sympathise with their own. you quote a case where two JAPANESE had a lawsuit in hawaii and the japanese court upheld it. not surprising, as no matter which party won, a japanese was the winner. so they'll uphold that without question. we're talking here about an american guy who has won a civil financial case against a japanese person in japan. believe what you will, but when they review the facts they will take into consideration that this american person came to japan and under japanese law kidnapped his children. i do not believe for a second that any japanese authority will do anything to enforce the judgement that an american court gave him.

as for my own case, it was heard in a JAPANESE court and the judge did rule in my favour against the japanese defendant. however the japanese company then filed a whole boatload of arguments against the decision, then contacted my lawyer to say they were about to counter-sue. at that point, my lawyer said that it would likely reverse the whole decision and they would likely win. so in arbitration, we settled on a smaller amount for them to pay me, but several years on, i have never seen the money, and hiring a lawyer again to go after that would cost me more than what i'd have received.

anyway, my point is, this guy can file as many suits as he wants and while contracts/awards are recognised in japan, the likeliness of noriko ever having to pay anything or hand over the kids has as much chance of you finding a basic pizza in japan without corn or potatoes on it. and even if a japanese court did garnish her wages or freeze her bank accounts, she will find other ways to support herself and kids. she'll just use her parents bank accounts and money.

he may have a ton of legal avenues to use, but as long as she's in japan with them, she'll always have just as many avenues, with one or two more to keep her ahead.

[Doctor Stop]

that wsn't posted by me.

Sorry, I can't edit you out.

[matsuki]

regardless of what the law says, a japanese court will always sympathise with their own. you quote a case where two JAPANESE had a lawsuit in hawaii and the japanese court upheld it. not surprising, as no matter which party won, a japanese was the winner. so they'll uphold that without question. we're talking here about an american guy who has won a civil financial case against a japanese person in japan. believe what you will, but when they review the facts they will take into consideration that this american person came to japan and under japanese law kidnapped his children. i do not believe for a second that any japanese authority will do anything to enforce the judgement that an american court gave him.

From what has been posted it seems he has Japanese citizenship. (so this would also be a case with two JAPANESE) We all know that a white guy with Japanese citizenship doesn't mean much to alot of Japanese but in a Japanese court, that theoretically grants him the same rights as Noriko. (not doing so is bound to be another "Racist Japan" milestone in the international community)

as for my own case, it was heard in a JAPANESE court and the judge did rule in my favour against the japanese defendant. however the japanese company then filed a whole boatload of arguments against the decision, then contacted my lawyer to say they were about to counter-sue. at that point, my lawyer said that it would likely reverse the whole decision and they would likely win. so in arbitration, we settled on a smaller amount for them to pay me, but several years on, i have never seen the money, and hiring a lawyer again to go after that would cost me more than what i'd have received.

Ok, that's a bit different than what you said before but with a signed settlement in hand, why didn't you collect? I'm no expert on Japanese law but in the US (and most other countries) the burden of collection is on you. Once you have the settlement documentation, you have a ton of tools at your disposal to make them pay or literally take the money from their bank account(s), salary, etc. I had to deal with about 5 lawsuits in my 12 years of international business and I've only dealt with one company that refused to pay....but it's pretty inexpensive to get the court to issue the needed paperwork to go to their bank and have the bank hand it over in cash. (I knew their bank account/info but had I not, the court can force them give up that information.) Besides, in Japan, one's reputation/trust is everything...I don't know the details of your arbitration agreement but if they wouldn't pay, I would have faxed copies of the agreement to all their suppliers and customers.

anyway, my point is, this guy can file as many suits as he wants and while contracts/awards are recognised in japan, the likeliness of noriko ever having to pay anything or hand over the kids has as much chance of you finding a basic pizza in japan without corn or potatoes on it.

Mmmmm pizza! Seriously though, I just had some exactly as you described last night! ]http://www.fuckedgaijin.com/forums/attachment.php?attachmentid=3783&stc=1&d=1305780327[/IMG]

and even if a japanese court did garnish her wages or freeze her bank accounts, she will find other ways to support herself and kids. she'll just use her parents bank accounts and money.

he may have a ton of legal avenues to use, but as long as she's in japan with them, she'll always have just as many avenues, with one or two more to keep her ahead.

Sure, she can try to stay one step ahead but eventually she will run out of ways to do so. Of course she'll probably try moving in with friends/family and spending their money but that's hardly supporting herself nor is it a likely long term solution. I doubt they're even wealthy enough to do that, based on what she was taking from her ex husband. Also, consider her emotional needs as well, noone would dare marry her (she's got children and millions in debt) and I doubt she'll want to work, knowing most of what she earns will be confiscated and sent to her ex.

[Samurai_Jerk]

anyway, my point is, this guy can file as many suits as he wants and while contracts/awards are recognised in japan, the likeliness of noriko ever having to pay anything or hand over the kids has as much chance of you finding a basic pizza in japan without corn or potatoes on it. and even if a japanese court did garnish her wages or freeze her bank accounts, she will find other ways to support herself and kids. she'll just use her parents bank accounts and money.

This is a problem for Japanese winners of civil cases too. The courts seem to have little power or will to enforce settlements. I believe the guy who runs 2ch has been sued and lost numerous times but has always refused to pay and has never been punished for that.

[matsuki]

This is a problem for Japanese winners of civil cases too. The courts seem to have little power or will to enforce settlements. I believe the guy who runs 2ch has been sued and lost numerous times but has always refused to pay and has never been punished for that.

Can't speak for Japan but in the U.S., you are responsible for collecting once you get a judgment. May take some effort if the losing party wants to be difficult but the easiest way (California) is going to the court and ask them to issue a writ of execution. ($30) With that document, you can do all kinds of things to collect the judgment awarded. Copy and paste from some legal tip page but these are your legal cattle prods:

[color="DarkRed"]Abstract of Judgment: This document is issued by the court clerk for a fee of $15.00. Also referred to as a judgment lien on real property, it creates a lien and clouds title to any real property owned by the debtor within the county in which it is recorded, including houses, condominiums, vacant land and even timeshares. The judgment debtor cannot sell or refinance the property without negotiating with the creditor or paying off the lien.

Judgment Lien on Personal Property: This is particularly useful when the debtor owns a business. When filed with the Secretary of State, this document creates a lien on accounts receivable, equipment, farm products, inventory and negotiable documents of title. It can make it difficult for the debtor to obtain credit after this document has been filed and served. The filing fee is $20.00.

Writ of Execution: This document is issued by the court clerk for a fee of $15.00. It tells the Marshal or Sheriff how much to collect on the judgment. A Writ of Execution is required for most judgment enforcement procedures such a wage garnishment or bank account seizures.

Bank Account Levy: Upon delivery of the Writ of Execution, written instructions and a fee of $30.00, the Sheriff will issue a Notice of Levy which freezes the bank accounts of the judgment debtor. However, the Marshal or Sheriff must go to the branch where the account is held in order to properly levy on the account. Information provided by the client such as a photocopy of a check from the debtor can often lead to collection of the judgment using a bank levy. In one recent case, our office obtained bank account information from a private investigator at a cost of less than $200 and our client was able to collect more than $14,000 of a $17,000 debt.

Earnings Withhold Order: Also called a wage garnishment, the Sheriff will notify the employer to withhold money from the debtor's pay check. The Sheriff's fee for this service is only $25.00 and the employer can withhold up to 25% of the debtor's net pay. In one case, our office started a wage garnishment on behalf of a client. The Sheriff served the Earnings Withholding Order on a Tuesday. The judgment debtor immediately delivered a cashier's check to the Sheriff on the following Monday to pay off the judgment.

Rent Garnishment: If we obtain information that a third party owes money to the judgment debtor, we can make arrangements to collect that debt directly. A common example is a rent garnishment. If the debtor owns a rental property, we can send the Sheriff to collect the rent directly from the tenant as a payment toward the judgment.

Till Tap/Keeper Levy: If the debtor owns a business, the Sheriff can take money directly from the cash register, which is commonly called a till tap. For larger judgments, the Sheriff can leave a "keeper" in charge of the business for up to 8 hours. The "keeper" will collect all the cash and checks that come into the cash register for that day and can also prevent credit card transactions. This can be particularly useful in collecting judgments against businesses such as a retail store or a restaurant.

Vehicle Levy: In extreme cases, we can even have the Sheriff seize the judgment debtor's car and have it sold at auction. This can be very expensive and is better suited for large judgments.

Asset Investigation: Once an asset is identified, we can move aggressively to collect and sell the asset. The most difficult part is locating the asset. We have connections with numerous private investigators that will perform asset searches for as little as $200. We also have access to numerous computer databases to gather information on a judgment debtor. Our investigators can to the person's neighbors and find out where the debtor works. Every bit of information will help us to be successful in collecting your judgment.[/color]

More time consuming than costly...but if you've invested alot of time/money/effort into the case, you'll probably have fun making their life hell until they pay up.

[Ganma]

[Screwed-down Hairdo]

[B][SIZE="4"]Cabinet endorses plan for Japan to join int'l child custody pact

Fuck! Just as I was about to whisk my kids out of the cuntry....
I'm dreading the Deadbeato reaction if Japan ever does join this treaty. He's the only bloke I know who's invented/achieved more than the boody Koreans.

[Greji]

Fuck! Just as I was about to whisk my kids out of the cuntry....
I'm dreading the Deadbeato reaction if Japan ever does join this treaty. He's the only bloke I know who's invented/achieved more than the boody Koreans.

No worries Hair! Did you note the last part of the quote?

".....the Japanese Foreign Ministry will be designated as the central authority to locate children wrongfully removed or retained by one parent and secure the voluntary return of them....."

With the Gaimusho securely in charge, there won't be a missing kid, or parent located in our lifetime....

[Cyka UchuuJin]

Can't speak for Japan but in the U.S.,

exactly. and japan isn't the US. the term 'nothing is free' applies especially in japan. there is no bureau to go pay 15 bucks to and then sit back to watch it get enforced. you will pay someone to file something, then another someone to file something else, then pay again to have it delivered to yet one more someone else who will turn it over to the person that is supposed to pay. and on and on it will go, until it costs YOU well over what you were meant to receive in the first place.

[Mike Oxlong]

Can't speak for Japan but in the U.S., you are responsible for collecting once you get a judgment...

Anyone know the procedure for Japan?