Sunday May 27, 2012

JAPAN NEWS AND DISCUSSION

Girl reunited with father in U.S. 4 years after being taken to Japan by mother

National Dec. 25, 2011 - 04:00AM JST ( 292 )

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292 Comments

-17

CVHuanDec. 24, 2011 - 01:20PM JST

Victory for the USA once again! =D
13

LoudLightDec. 24, 2011 - 01:20PM JST

Now THIS is a Merry Christmas!
10

Nicky WashidaDec. 24, 2011 - 01:28PM JST

Victory for the USA once again! =D

Er, no, victory for a Nicaraguan father separated from his daughter against his will who has poured his heart, soul and wallet into getting her back.

Merry Christmas to him and the little girl. i just hope this whole experience hasnt affected her too deeply that she cant be brought back to a place where she understands just how much her father loves her.
-29

T_rexmaxytimeDec. 24, 2011 - 01:31PM JST

sad day for the kid
10

Piltdown ManDec. 24, 2011 - 01:40PM JST

Here is a news clip covering the daughter's safe return to her father's arms. (clip from ABC affiliate WISN in Milwaukee).

http://www.wisn.com/r/30065745/detail.html

What a happy day for both of them. Merry Christmas Moises and Karina!
11

CVHuanDec. 24, 2011 - 01:40PM JST

sad day for the kid

@Trexmaxytime. Eh, no. It's a good day for the kid. What the mother did is illegal. ^^
-41

T_rexmaxytimeDec. 24, 2011 - 01:46PM JST

sad day for the kid cause the kid loses the mother. Kids are naturally more bonded with mothers since it's the bond is a physical thing. The kid came out from the mothers womb.

Law in this case is wrong.
13

LagunaDec. 24, 2011 - 02:02PM JST

T_rex, any parent who willfully deprives their child of access to the other parent is guilty of child abuse. It will truly be a good day for the kid when the mother wises up and permits mutual access.
9

SamuraiBlueDec. 24, 2011 - 02:04PM JST

My general opinion on these cases is "What does the kid want?" and "are they actually heard?"

All the cases that I have read is about a court ruling but never once heard what the kid actually wanted in these articles.
10

Piltdown ManDec. 24, 2011 - 02:04PM JST

Law in this case is wrong. @T_rex

Emiko Inoue (the mom) actively denied Karina access to her father, by all accounts a fit and loving parent (a Nicaraguan national). Any parent who would do such a thing (mother or father) is harmful to the child. The law is designed to protect children from this form of child abuse—from either parent.

Currently, many of the foreign embassy's in Japan have banded together to persuade Japan's Ministry of Foreign Affairs to stop the abduction by Japanese nationals of children from their countries into Japan. Some progress is being made, but as it now stands 3 on the FBI's 10 most wanted "Parental Kidnappings" list are Japanese nationals.

Let's hope this situation changes before these victimized children grow into adulthood denied the love of one of their parents.
5

DisillusionedDec. 24, 2011 - 03:14PM JST

Nearly four years after his ex-wife spirited their daughter away to Japan

Spirited? I believe the correct term is, 'Kidnapped'!
1

Terrence C. LotterDec. 24, 2011 - 03:14PM JST

They all need time with each other.
4

YubaruDec. 24, 2011 - 03:18PM JST

I can not see how anyone could consider the law wrong in this case. There is so much information out there regarding this case that anyone with even half a brain would have to see that the mother in this case deserves to have the child taken from her. Even if the father was Japanese this woman should not be taking care of children.
0

MaboDofuIsSpicyDec. 24, 2011 - 03:18PM JST

Well I hope the dad allows constant contact with the mom and daughter through SKYPE, plus lots of vacation time to see mom and her friends back in Japan. If not, then the cruelty is going now in the other direction.

I am luck, I am able to see my kids, but to meet is really difficult with timing and work etc.
2

Nicky WashidaDec. 24, 2011 - 04:03PM JST

@Piltdown Man - you absolutely hit the nail on the head. Any parent who deprives their child of the other loving parent is committing a form of abuse. No question. He (Dr Garcia) has already said his ex-wife and Karinas mother will be able to see Karina - which is far more than can be said for the former Mrs Garcia.

I would not be supportive of Dr Garcia if he did not allow Karina access to her Japanese family, but I would certainly NOT advise him to allow her to return to Japan for holidays - otherwise this debacle will start all over again and next time the Mother wont be so stupid as to return to US soil.
3

LoveNotDec. 24, 2011 - 04:04PM JST

Do you know why the mother did not allow the father to meet the daughter? And if she wanted to keep the daughter away from the father, why did she go to the USA? Everything points to one not too bright woman.
2

as_the_crow_fliesDec. 24, 2011 - 04:10PM JST

The mother has agreed to stay in the US for three years as part of the court's decision. (I would guess that this will be at Karina's father's expense, unless she has sellable skills to offer in the US. If this is the case, it goes to show how hard he's prepared to work to make this work). I saw her lawyer interviewed on TV following the ruling, and this lawyer stated that everything would be done in the best interests of the child having access to both parents. Sounds like, Finally, a victory for sanity. Let's hope the parents can work it out so each can spend time with Karina and are a part of their little girl's life, free of mindgames or conflict. That's got to be the best possible outcome. If the Japanese grandparents can also buy into this version without feeling that they are losing face after stating that Karina didn't want to be with her dad, then she has a chance of a happy family life. The father sounds like he is pulling out the stops to make this work out for everyone, and seems to be choosing his words carefully so as not to further hurt feelings on his wife's side. Let's hope the Japanese side of Karina's family also know how to be generous and be part of the new arrangements. And please, Inoue-san, don't try it on and try and abduct your daughter again!
0

VicMOsakaDec. 24, 2011 - 04:31PM JST

T_rexmaxytimeDec. 24, 2011 - 01:46PM JST sad day for the kid cause the kid loses the mother. Kids are naturally more bonded with mothers since it's the bond is a physical thing. The kid came out from the mothers womb. Law in this case is wrong.

I totally agree with you especially if the mother is a good mother. Unfortunately, we don't know under what circumstances the marriage failed. No one ever seems to make this information available. It's funny how everyone automatically blames the mother.
1

sf2kDec. 24, 2011 - 04:54PM JST

“Our hope is that this is an additional wake-up call for the Japanese government that they need to move expeditiously to resolve these cases,” Smith told AFP

He's talking about Japan...right?
-2

seesaw1Dec. 24, 2011 - 04:55PM JST

Why did the Doctor married her in the first place? He must have been deceived by the ' soft spoken & gentle' pretender...who ended up screwing his life. Lol.
-2

sf2kDec. 24, 2011 - 05:00PM JST

Unless there is some open financial or diplomatic penalty to this behaviour, Japan will continue to not sign this treaty, or sign a host of other treaties that G8 countries have signed either.

Equality under the law, Anti-discrimination laws and other human rights, environmental protection, third party forensic audits.... Why are these considered anti-Japanese?

For all the technology and physical wealth, Japan is really a caste system. As long as that remains these issues simply will never change. I don't see how it would.
-3

sidjtdDec. 24, 2011 - 05:26PM JST

There's no way to tell based off this article or for that matter any other article whether the mother is a good mother or bad mother, or whether the father is a good father or bad father. Yes, legally the mother was preventing the father to see his daughter.... is this because the father is abusive and cruel, or because the mother hates the father for no good reason and is being selfish?

Is the father caring or is he just wanting to prove something (especially to the mother?)

Secondly, what is better for the child? I'm sorry but Chicago Illinois is not a great place to grow up. I am not saying Japan is necessarily better, or that the mother was justified in what she's doing.... would you consider the daughter to be lucky if the Father was from a 3rd world African country where they don't even wear clothes?

I'm sorry but just because the mom is Japanese doesnt make her evil, just like how it doesnt make her the victim either. We just dont have the information with this article.
-7

smithinjapanDec. 24, 2011 - 05:27PM JST

I'm curious to know how the child feels and what she thinks in all this, but I don't want to bother her as clearly she's dealing with a lot already -- and I've no doubt she doesn't clearly understand the politics. In any case, congrats on the reuniting, and if and when the mother EVER tries to set foot in the US again, unless under strict watch, I hope she gets busted once again and thrown in jail. She was let out ONLY because she wanted to save her own skin, which shows clearly just how much her daughter actually meant to her. So, on top of being a coward she is now an international joke. Her parents must be awfully proud.
-14

j4p4nFTWDec. 24, 2011 - 05:29PM JST

Japan has very unique and traditional family structures and laws. Pressure is being put on Japan to conform to the western model by the cultural imperialists. However, they should be adopting the Japanese system. Japan needs to resist this pressure and insist upon maintaining our unique cultural identity.
1

sau133Dec. 24, 2011 - 05:47PM JST

Please..what is with the "spirited away" nonsense? It's written twice in this article. Inoue isn't some kind of fairy godmother she is a kidnapper.
1

NewsmanDec. 24, 2011 - 06:10PM JST

My general opinion on these cases is "What does the kid want?" and "are they actually heard?" @ SamuraiBlue

My first guess would be that the little girl wishes her parents weren't divorced but were instead happily reunited.

Unfortunately, since her parents couldn't work it out -- for whatever reason -- it is up to family courts to navigate the competing claims of love, ability to raise the child, and providing for the child's future. The courts do the best they can, and the best thing the parents can do under the circumstances is to each compromise a little and try to meet each other halfway. Unless one parent is clearly and demonstrably unfit to be a parent, the other parent should never insist upon exclusive access to the child.
4

rickyveeDec. 24, 2011 - 06:55PM JST

@nicky washida

uhh...the doctor is no longer considered a nicaraguan citizen, he's an american. i don't know why you think his ethnicity is important, but he, like many other people who have immigrated to america, are americans.
4

Vernie JefferiesDec. 24, 2011 - 06:56PM JST

A great story to read before Christmas. I am glad everyone is working together to make this child as comfortable as possible. Merry Christmas everyone in JT.
0

Mirai HayashiDec. 24, 2011 - 07:02PM JST

Law in this case is wrong.

The law is wrong for allowing the mother to keep the father away from her child. This is kidnapping. Unless the court deems a parent to be unfit or dangerous to the child, ALL parents have a right to see and visit their own child, no matter how brutal the divorce is or what race or nationality the parent is. If you deny this unlawfully like this mother did, then it's clearly kidnapping.

sad day for the kid cause the kid loses the mother. Kids are naturally more bonded with mothers since it's the bond is a physical thing. The kid came out from the mothers womb.

I think you're making a lot of assumptions based on no factual evidence. The kid might want to be with her father more than her mother. There is no fact that states that kids bond more to there mothers more than the father. Kids can bond to either parent equally. I know my child and I have a strong bond, and would be devastated is we were separated for some reason.

Yes, the child came out of the mother's womb, but I believe the father had some part in putting the child in the womb in the first place.
1

smithinjapanDec. 24, 2011 - 07:12PM JST

Quick question for anyone who can answer it: How many Japanese news papers did this make the cover of? Is my guess of zero correct?
4

hapa-girlDec. 24, 2011 - 07:14PM JST

I think in cases like these its doubly cruel to keep the girl from her father because growing up in Japan as a haafu isn't easy with constant reminders, usually negative of your ethnicity - "can you use chopsticks, eat natto etc?" Even the positive remarks are still prejudicial "you speak Japanese better than a Japanese" blah blah blah. Growing up, I really needed my dad (American) to sound off on. Luckily he was around.
-17

timtakDec. 24, 2011 - 07:37PM JST

Trexmaxytime is very right that this is a hellishly, viciously, tragically, painfully sad day for the kid who wil be ripped apart and generally unable to live any sort of life, I am willing to bet, but JT readers vote Trexmaxytime down.

Wow. Father estranged children in Japan go on to lead very normal lives. Not so in the US where fatherlessness is associated with crime, alcoholism, and drug addiction. But in Japan, there are far fewer and few negatives to fatherlessness.

Japanese mothers are role models, unlike their western sisters. Children without fathers don't do so badly in Japan. There is a reversal. Children who are given in custody to fathers in the US fair fairly well. Children in Japan who are given in custody to mothers fair fairly well.

This girl would have grown up to be like a Western child given to the custody of a father. But now, at nine and and very un western, she is going to be really really ****** up.

And the folks on JT vote down comments saying "sad day for the child." Sad, sad, tear your heart out of your chest, sad, day for the child.
1

yasukuniDec. 24, 2011 - 08:11PM JST

From what I can see, it's a great ending (and beginning) to the story. She acted illegally by leaving the US with the girl in the first place, and was terrible to not let him see his daughter.

And now Moises Garcia sounds like he is trying to be fair all round.

Hopefully, Japanese will learn that even after a divorce it's possible to make the best of things, and allow children to see both parents. Would be great if this got TV time here in Japan.
-6

CajunH2ODec. 24, 2011 - 08:27PM JST

While as a father I can never imagine lsoing my little girl in any way I can say after returnong from Japan they do raise their children a lot better, more respectful and not so sheltered, but glad this got worked out
1

smithinjapanDec. 24, 2011 - 08:40PM JST

timtak: "Japanese mothers are role models, unlike their western sisters."

What an infantile statement. Some Japanese moms are great, some -- who even kill their kids -- are not. I bring up the extreme contrast only to point out that your generalization is incorrect. Why do you think Japanese moms are role models while moms in other nations are not?

"And the folks on JT vote down comments saying "sad day for the child." Sad, sad, tear your heart out of your chest, sad, day for the child."

I think the point of the voting down in this case is that it's not automatically a sad day for the child because she was returned to the father as opposed to being under the care of the mother who kidnapped her, but the people who give a thumbs down are against the one-sidedness of such an outlook. The kid has had my sympathy from day one, father's care or mother's care. People suddenly saying "poor kid" because the mother gave her up in favour of avoiding jail time need to have their own priorities checked.
-6

gogogoDec. 24, 2011 - 09:11PM JST

I hope the mother rots in hell.
-1

KuYaniDec. 24, 2011 - 09:27PM JST

The authority in Japan as to take into account that even though the system as being in place forever, that there must be some consideration where foreigners are concern. Why? Japanese are now cohabiting with foreign entities and this issue must be dwelt with in a timely manner, and it needs laws that cover those entities. Japan must remember that families are the core of countries, they make up the countries, in order to avoid, a backlash or being labeled, Japan must make new laws to cover this new situations, since they are now dealing with a foreign entity The world is watching and taking notes too and they are wondering. These cases extend Japan into a foreign domain, the child union of a Japanese national and the foreigner, it branches off from the system original system, and therefore it needs a new law to cover the new situation. All nations are in modern time and even though these nations are satisfied with the laws they have, Japan is no exception, have to make new laws to cover new situations and the child adduction is a case which needs a new law right away You are saying in Japan, why fix it if it is not broken, you don’t have to fix it, you just have to make a new addition, to facilitate the new addition to your family, this cannot be ignored otherwise it will affect Japan negatively in the future on an international level.
0

GWDec. 24, 2011 - 10:14PM JST

Clearly a very happy day here!

Sounds like the father has a very cool head, bravo considering what he as been thru the last 4yrs. Lets hope this becomes a model case & at some point supervised visits with the mom & J-family take place, in the US. The ex-wife & her family have a awful lot of atoning to do, lets hope they do their part with some honour.

And lets hope Japan gets its sorry sorry act together for all the other cases.

I too hope this sees for air & print time here but havent seen anything yet, anyone else, I wud hate to see this get censored here but wudnt be surprised if it only gets tiny coverage
1

Mirai HayashiDec. 24, 2011 - 10:30PM JST

@hapa-girl

from one hapa to another...well said! :-)
-2

nisegaijinDec. 24, 2011 - 10:53PM JST

How do we know the father is not some abusive maniac and mother didnt run away from him because she didnt have the language skills and finance to challange him legally. I am not trying to say who is right or wrong. like all of you, i see only one side of the story, clearly not enough for fair judgement. Is this decision best for the child? Is this what she wanted?
2

warnerbroDec. 24, 2011 - 11:12PM JST

The mother should make a guest appearance on "Japan's Stupidest Criminals." But the lack of publicity in Japan is actually a good thing. Remember the guy who killed his wife and was set free by the Japanese justice system? He took a trip to Saipan and the Yanks nabbed him. There are still people who don't know Guam or Saipan are America and with no publicity, the Americans have a chance to catch other stupid criminals.

By the way, sidjtd I know some good people who grew up in Chicago. There are certainly threats to children there, but the government does not pretend threats don't exist the way Japan's government does. Children are not surrounded by caesium dust there, they are not facing radioactive pollen this spring, nor made to eat radioactive school lunches. For all their faults, the Americans allow dissenters from nuclear power to appear on television, unlike Japan. No actor in Chicago would have to choose between his career and opposing nuclear power.
3

CrazyJoeDec. 24, 2011 - 11:29PM JST

The mother will have supervised visitation rights, so the girl will still be able to see her mother which is good.
3

forzaducatiDec. 24, 2011 - 11:32PM JST

How do we know the father is not some abusive maniac and mother didnt run away from him because she didnt have the language skills and finance to challange him legally. I am not trying to say who is right or wrong. like all of you, i see only one side of the story, clearly not enough for fair judgement. Is this decision best for the child? Is this what she wanted?

I read somewhere, that the girl's kindergarten teacher mentioned, that the mother was "rather strict or hard" on the daughter, whatever that means. It would be interesting to know why the judge, in this case, awarded the girl to the father and not the mother. There must have been a reason.
2

ambrosiaDec. 25, 2011 - 12:10AM JST

Ridiculous and spurious comments about Chicago being a bad place to grow up are made even more ridiculous by some readers' inability to read correctly and geographical ignorance. The article says the girl flew in to O'Hare which is indeed in Chicago. However, it says the father is a Wisconsin doctor. Wisconsin is the state directly north of Illinois which is the state where Chicago is located. Nowhere does it say Chicago, which is a great city by the way, is where the man lives. He could live in Milwaukee, Green Bay or La Crosse to name but a few lovely Wisconsin cities.

As for the notion that Japanese moms are role models, what does that even mean? Is there some implication that all Japanese moms are the same and all perfect or all uniquely perfect? It's hard to even comprehend the ridiculousness of such a generalization so I can only assume some sort of sad wounded national pride is at play in that comment or someone's just trying to stir the pot.
-1

The Truth MattersDec. 25, 2011 - 12:47AM JST

Good job JT. It's nice of you to throw us a bone by way of a good news story for the holidays.

It's appreciated.
0

TahoochiDec. 25, 2011 - 12:51AM JST

smithinjapanDec. 24, 2011 - 07:12PM JST

Quick question for anyone who can answer it: How many Japanese news papers did this make the cover of? Is my guess of zero correct?

Oh Smith, always quick to point out one of the 'countless shortcomings' of Japan and its people using barely relevant comments aren't you? In this case, a rhetorical question which I choose to answer with: Who the hell cares? So what if the Japanese media doesn't report inconvenient stories about a Japanese national becoming and international criminal? I've got a rhetorical question for you: How many media outlets in the world are truly sincere, honest, and don't give a damn about ratings? Zero.

Anyways, glad to hear that justice was served. I just hope the mother someday comes to her senses and can have a 'healthy' relationship with her ex-husband and daughter, but that's highly doubtful after all that's happened.
-7

YuriOtaniDec. 25, 2011 - 02:33AM JST

What she did was illegal in America but legal in Japan. There needs to be clear cut laws on jurisdiction, who decides what and when. The "abductions" work both ways. So many posters think American law good Japanese bad. There has to be a way to respect the traditions and laws of both.
1

supermonk7Dec. 25, 2011 - 02:36AM JST

It's about time.
-8

cristoba1@aol.comDec. 25, 2011 - 03:31AM JST

It's a terrible outcome for the daughter. Why put her through such an ordeal. She is accustomed to living in Japan in safe haven, why take her away from that just for the father's own selfish needs? Does this father ever think about how this daughter feels or what is best for her? Isn't he the one trapped the mother in USA with the children so he can keep the kids in USA while he had intention of marrying another woman when he brought them all into USA?
-3

cristoba1@aol.comDec. 25, 2011 - 03:39AM JST

There is too many instances where the American man marries Japanese woman so he can stay in Japan and work only to their benefit. Majority of times however these men do not take marriage seriously and abandon the women they married when they get to States leaving only one option for Japanese women and children to stay in USA.
3

flechettesDec. 25, 2011 - 03:50AM JST

What she did was illegal in America but legal in Japan. There needs to be clear cut laws on jurisdiction, who decides what and when. The "abductions" work both ways. So many posters think American law good Japanese bad. There has to be a way to respect the traditions and laws of both.

If you are a citizen of a country living within its border, you live within that law. Plain and simple. I find it funny when humans try to justify illegal actions.
0

flechettesDec. 25, 2011 - 03:52AM JST

"Spirited Away" is a common Japanese phrase used to refer to children who go missing suddenly, mostly through abduction.

There are good and bad spirits....
-1

KendoWarriorDec. 25, 2011 - 05:45AM JST

Ah very sad day for the little girl, to go back to America after living in Japan. She would had it a lot better there.
-1

YuriOtaniDec. 25, 2011 - 05:56AM JST

flechettes, She is a Japanese national and not an American citizen. She was afraid of the foreign American system, so she headed for home. It is an instinct action when someone is afraid. American men do the same thing when they flee from Japan to America.
1

IsthiezakDec. 25, 2011 - 07:21AM JST

@j4p4nFTW

"Japan has very unique and traditional family structures and laws."

Nonsense. There is nothing unique about them. Especially nothing that permits abduction.

For the rest -

"Spirited Away" is a common Japanese phrase used to refer to children who go missing suddenly, mostly through abduction.
4

YubaruDec. 25, 2011 - 07:45AM JST

@YuriOtani

What she did was illegal in America but legal in Japan.

Care to share with everyone Yuri where kidnapping is legal in Japan?
5

YubaruDec. 25, 2011 - 08:00AM JST

She was afraid of the foreign American system, so she headed for home.

Wow, she was so "afraid" that she went to Hawaii on her own to renew her green card. Use a little logic Yuri, she wanted her cake and the chance to eat it too!
-3

Stanley52Dec. 25, 2011 - 08:42AM JST

@Yubaru

If what she (mother) did was illegal in Japan, why didn't the Japanese police arrest her?
0

YubaruDec. 25, 2011 - 09:25AM JST

If what she (mother) did was illegal in Japan, why didn't the Japanese police arrest her?

She did it in the states so the point is moot.
-3

Stanley52Dec. 25, 2011 - 09:44AM JST

@Yubaru

So you're saying if the mother commited murder in the States, she still will not be arrested by Japanese police? Kidnapping or whatever, it's the same thing.
2

YubaruDec. 25, 2011 - 10:14AM JST

So you're saying if the mother commited murder in the States, she still will not be arrested by Japanese police? Kidnapping or whatever, it's the same thing.

Japan's laws do not view a parent bringing their child back to the country, under whatever circumstances as being kidnapping. Japan is only a recent signatory to the Hague Convention and has openly stated that it is only going to follow it for new cases.
-2

VicMOsakaDec. 25, 2011 - 10:20AM JST

sau133Dec. 24, 2011 - 05:47PM JST Please..what is with the "spirited away" nonsense? It's written twice in this article. Inoue isn't some kind of fairy godmother she is a kidnapper.

How can you describe a parent of their own child as a kidnapper?
0

YubaruDec. 25, 2011 - 10:24AM JST

How can you describe a parent of their own child as a kidnapper?

When the case was decided both parents were in the jurisdiction of the United States. The court gave the father full custody of their child. The mother decided to take/kidnap the child against the ruling of the court. That is why she, according to US law was seen as a kidnapper.
1

YubaruDec. 25, 2011 - 10:41AM JST

Japan is only a recent signatory to the Hague Convention and has openly stated that it is only going to follow it for new cases.

I apologize here, Japan has only agreed in principle to sign the Hague Treaty, they are the only country in the G8 that has not done so as well.
-2

Stanley52Dec. 25, 2011 - 10:49AM JST

@Yubaru

So you do admit that what the mother did is not illegal in Japan.
-3

VicMOsakaDec. 25, 2011 - 11:00AM JST

Daily Yomiuri Online 25th Dec. The girl said at first that she wanted to live in Japan. However, when she was told about the plea bargain, she understood her return to the United States would "save her mother," the lawyers said.

Now, what do you say to that ? A daughter willing to give her life up in Japan so as to free her mother !
0

Stanley52Dec. 25, 2011 - 11:11AM JST

@Yubaru

In 2008, the couple filed for divorce and days before the father was granted custody of their child by a U.S. court, the woman took the girl to Japan. After returning home, the mother sought to become the girl’s custodial parent, in place of the father, as she claimed to have been abused by her former spouse.

The father was given custody of the girl after she (mother) fled to Japan according to the article. Is the article wrong?

http://kwbrow2.wordpress.com/2011/11/29/nicaraguan-dad-seeks-change-in-japans-judicial-system-on-child-custody/
4

mitoguitarmanDec. 25, 2011 - 11:16AM JST

Both countries have terrible situations--divorce, bad marriages are the problem.
-4

LH10Dec. 25, 2011 - 11:17AM JST

This is very sad news to me, i feel sorry for the mother and daughter, going through all this stupid court battle thing T.T
2

GWDec. 25, 2011 - 12:27PM JST

If what she (mother) did was illegal in Japan, why didn't the Japanese police arrest her?

stanly52

Yes its true child abduction/kidnapping isnt illegal in Japan, how messed up is that?? Let me tell you, its VERY MESSED UP, Japan needs to be serious hammered & hard on this.
4

Kamala Brown-SparksDec. 25, 2011 - 12:29PM JST

First of all, the child was a baby when her mother kidnapped her, so how would she have had the abiltiy to make a competent decision about who she wanted to live with. Secondly, believe it or not, just because the mother was a Japanese national doesn't mean that a proper child custody hearing didn't take place in the States. I witnessed a case in the US where the courts followed the Hague Convention, even though the mother was a US citizen. @TimTak, I don't know what rock you crawled out from under, but no matter what country a child lives in they still need to have access to their father, or his family when thaat's not possible. All children inherently want to know "where they came from". I love Japan, I have never seen a more beautiful place. That being said, if you are not completely Japanese you stand out & it's painfully obvious that you stand out.
-1

GWDec. 25, 2011 - 12:32PM JST

Daily Yomiuri Online 25th Dec. The girl said at first that she wanted to live in Japan. However, when she was told about the plea bargain, she understood her return to the United States would "save her mother," the lawyers said.

vicosaka,

I too read this this morning & was thoroughly disgusted, a very clear illustration of the mother brainwashing her daughter, I hope the mother & her parents sincerely reflect & mend their evil ways.

Its disgusting when a parent brainwashes their children to hate the other parent! This cuts BOTH ways with the sexes!

So far this story looks to me like a VERY happy ending, hope it continues.

Japan, again you need to get your act together on this issue & do the right thing before the world has to ram it down your throat, I dont want to see that happen btw, but its a distinct possibility, so Japan watcha gonna do!
-5

presto345Dec. 25, 2011 - 01:24PM JST

o you're saying if the mother commited murder in the States, she still will not be arrested by Japanese police? Kidnapping or whatever, it's the same thing.Japan's laws do not view a parent bringing their child back to the country, under whatever circumstances as being kidnapping. Japan is only a recent signatory to the Hague Convention and has openly stated that it is only going to follow it for new cases.

I take issue with posters loosely using the term kidnap(ping) in this case or other cases where a parent takes a child away from the spouse. There is no indication that the child was taken away against her will (yes, I know, she was very young) or that a ransom was demanded. Nor was any force involved.

I doubt that the term 'kidnap' was used in the courts. Using the term by posters may lend more force to the argument, but that does not justify it. What the mother did was thoughtless and wrong, but if, just if, the husband was abusive, physically or verbally, I can imagine why she did it.
-10

cristoba1@aol.comDec. 25, 2011 - 01:58PM JST

Where did they get married? He's a doctor, what kind? There's medical school in Nicaragua? Why did he divorce his Japanese wife? To marry someone American so he can stay in USA? How was he going to raise a child on his own? This guy is very selfish. For the sake of their little girl, would be better off with a mother not him.
Biggest mistake she made was to marry this idi-t in the first place and best thing she did was to take her daughter back to Japan where she was able to raise their daughter safely.
1

Nicky WashidaDec. 25, 2011 - 02:39PM JST

@nicky washida uhh...the doctor is no longer considered a nicaraguan citizen, he's an american. i don't know why you think his ethnicity is important, but he, like many other people who have immigrated to america, are americans

Because someone ELSE said "This is a win for America". I was pointing out this has nothing to do with America and everything to do with HIM.

Where did they get married? In America

He's a doctor, what kind? A medical one. This is relevant why?

There's medical school in Nicaragua? He went to the college of central America. Dont know where that is. Why is that relevant too?

Why did he divorce his Japanese wife? To marry someone American so he can stay in USA? No, as stated before he married her IN America. He has not married anyone else.

How was he going to raise a child on his own? How was she?

This guy is very selfish. For wanting to be a part of his daughters life?

For the sake of their little girl, would be better off with a mother not him. A Mother who is denying a loving parent access. As opposed to a father who will allow the Mother access so that she CAN have both. Seems like a no-brainer to me. So who is being selfish here?

You seem to be mixing up this case with that of Chris Savoie - very different circumstances and people. Get your facts right and then comment.
0

darknutsDec. 25, 2011 - 02:42PM JST

@stanley52

What the mother did was illegal in both the us and japan. And the Japanese have enforced this law in the past. You remember the case of Mr. Savoe? The American/Japanese citizen who tried to take his kids to the embassy with an intent to get them back to the states? If it wasn't illegal in Japan why was he arrested? There was also another case of an individual who was arrested and convicted for the same thing. There is a written law that makes it illegal to permanently remove minors from the country of residence. Its considered trafficking even when done by a parent.

A copy of the law can be found here:

http://www.crnjapan.net/TheJapanChildrensRightsNetwork/jlw-pcpnij.html
0

Nicky WashidaDec. 25, 2011 - 02:44PM JST

Now, what do you say to that ? A daughter willing to give her life up in Japan so as to free her mother !

I say no big surprise there. This is a child who has been told for the last 4 years what a terrible place America is and how evil her father is. Of course she doesnt want to go there.

It was her MOTHER that put her in this position, not her father. Maybe if the mother had been more willing to give him access, even here in Japan, something could have been worked out. But she wouldnt do that and as a result it has come to this.
-9

cristoba1@aol.comDec. 25, 2011 - 02:49PM JST

Seems this man has obsessive behavior problems. Why was he only thinking about bringing his daughter back to himself? What about a daughter? Where does she want to be, what is best for her? Might as well say goodbye to the daughter if the father is going to be raising her along with his sister from Nicaragua. Evidently, one of his lawyers he hired sent this man's ex-wife a notice about how she has to go re-register her visa, she took the bait, flew to Hawaii and captured by USA.
Not impressed about State of Wisconsin for handling of this little woman from Japan. She's not a criminal. I'd be more scare about her ex husband.
-9

cristoba1@aol.comDec. 25, 2011 - 03:05PM JST

Unless you have lived in Japan, some of you here with fakes Japanese name's comments look like it's coming straight from the father of this child and have no idea what the seperation will do to a young child whose age is 9 years old where she was suddenly taken away from familiar life she was accustommmed to for past 4 years. This girl will be messed up throughout her growing years.
0

YubaruDec. 25, 2011 - 03:21PM JST

@nicky washida uhh...the doctor is no longer considered a nicaraguan citizen, he's an american. i don't know why you think his ethnicity is important, but he, like many other people who have immigrated to america, are americans

This is probably because it is difficult for Japanese people to understand. They equal ethnicity and citizenship as being one and the same, hence the inability of most Japanese in accepting foreigners who become naturalized.
-9

cristoba1@aol.comDec. 25, 2011 - 03:23PM JST

Oh, it's reported they arrested the mother in April. How does this id-t father thinks the daughter felt without her mother for the past 8 month or does he ever think about daughter's feelings at all? And this guy is a liver surgeon? Where did he get a brain to do that? And so US court also granted a full custody of this poor child to him in 2009? That's only 2 years ago? How can they grant something on favor of one side only because of piss match and not with the ex-wife present? Mother knew it would be handled unfavorably, good enough reason she went back to Japan with a child she gave birth to, it's her daughter not just his. I don't think this guy should have put their daughter through all this.
3

oyatoiDec. 25, 2011 - 03:30PM JST

Japan needs to resist this pressure and insist upon maintaining our unique cultural identity.

Every country has its own unique cultural pattern. If Japan wishes to share the benefits of being part of the global system then it has to be willing to flex a little. Rigid adherence to archaic and unbending rules that do not reflect the reality of international couples and their very different needs just doesn`t cut it in this day and age.
5

BurakuminDesDec. 25, 2011 - 03:35PM JST

@ timtak: "Japanese mothers are role models, unlike their western sisters."

Oh no - another western guy living in Japan with an irrational grudge against western women. Including his own mother, it seems. Ladies - some of us guys respect ALL women.
-2

bajhista65Dec. 25, 2011 - 03:37PM JST

Japanese laws are really hard to understand when it comes to children of divorced parents with different nationality or both japanese. The law always favored children to be with the mother unless she is insane, a criminial and incapable of supporting them. They cannot see the trauma a child suffer when communication is cut by the mother and parents from their father.
-5

cristoba1@aol.comDec. 25, 2011 - 03:46PM JST

It's not about the countries (I know because I lived in both countries), it's about the girl's life which she is accustomed to and what she has already achieved as a 9 year old and being taking away from all that will have impact on her future life. If not now it will show later. Also to be separated from her mother who has been raising her will shock her brain permanently. This girl is 9 years old, she will not forget. It's sad that divorce wasn't amicable due to this guy's greed. Why would a doctor who is suppose to be intelligent enough to know better will bring Japanese citizen to US and then file for divorce? Does this guy have any respect or just in piss match?
0

cleoDec. 25, 2011 - 03:47PM JST

The stress of the past few months have taken a toll on Karina, who has lost weight and is anxious about the move to the United States, Garcia said.

More likely it's the stress of being separated from her Mum and being told that her Dad has put her Mum in prison that brought on the weight loss, poor lamb.

This is a child who has been told for the last 4 years what a terrible place America is and how evil her father is. Of course she doesnt want to go there.

Nicky, do you have any links to that apart from what the father says? If she had really been told for 4 years how evil her father is, I very much doubt she would have settled as easily and as quickly as the father says she has.

"She's nervous in the beginning. She told me she was overwhelmed from the, so many people around. But now, with me and my sister, she is actually sleeping. So she's doing OK," .......Karina's dad said she is already asking about when school starts and wants to play with neighborhood friends.

< http://www.wisn.com/news/30065745/detail.html#ixzz1hWgvEj51>

From the same link - It's important that she has choices But not the choice to stay in Japan?
-13
Kentaro75Dec. 25, 2011 - 03:53PM JST

US courts = racist against Japanese, and full of corrupt judges.I feel so sorry for the poor mother, and the girl who will now have a terrible life.
- ModeratorDec. 25, 2011 - 04:13PM JST
  
  Racism has no part in this discussion.
1

Stanley52Dec. 25, 2011 - 03:55PM JST

@darknuts

What the mother did was illegal in both the us and japan.

If so, why was the mother not arrested in Japan?
-6

T_rexmaxytimeDec. 25, 2011 - 03:59PM JST

You cannot kidnap your own baby. Babies belong to the mother because the baby was in the mother's body for 9 months!

Guys do not carry baby in their body. We are not created for that. The Law does not put that into consideration and it's total BS!

Children have stronger bond with the mother because of the fact that it was in the mothers womb.

I am disappointed in the gun ho attitude of most JT readers.
3

cleoDec. 25, 2011 - 04:03PM JST

I don't think it's the case that US courts are 'racist against the Japanese'. It's just that they seem to assume that living in the US is of necessity so much more in the best interests of the child than living anywhere else. I'm pretty sure that if Dr. Garcia had wanted to take his daughter back to Nicaragua and his wife had wanted her to stay in America, the court would have sided with the mother.
-2

cristoba1@aol.comDec. 25, 2011 - 04:04PM JST

I think in this case if they married in Japan this man is actually still is married and cannot get a divorce in USA nor can the court in US grant him a full custody of their child without proper divorce documentation because the divorce is not recognized since they married in Japan?
3

Samantha Zoe AsoDec. 25, 2011 - 04:15PM JST

For all those commenting on 'the Mother's bond to a child is most important'. Does that apply to foreign mums in Japan too? How do you feel about foreign mums who have lost their kids here just because they are foreign?
-1

cristoba1@aol.comDec. 25, 2011 - 04:27PM JST

If you are going to get married, think twice about who you're marrying and planning on staying married forever if you do get married so the children will have better life than being seperated from each parents. Those who broke the marriage deal with it instead of whining about your mistakes you made and blaming on your spouse.
11

Nicky WashidaDec. 25, 2011 - 04:54PM JST

Ladies - some of us guys respect ALL women.

And BurakuminDes, some of us women respect ALL (good) men. Had this man been abusive then she would have fled and had my full support. But there is no evidence of that whatsoever.

Had this woman wanted to raise her child in Japan AND GIVEN UNRESTRICTED ACCESS TO THE FATHER she would also have had my support. But she didnt do that did she? She tried to cut the father out of the childs life entirely and THAT is why they are now in the situation they are in.

@Cleo - how do I know that they were brainwashing the child? I dont except for every other case where this happens, plus the fathers say so (why would he lie about that? It makes no difference as to whether or not he gets his daughter back), plus the Mother has hardly shown herself to be trustworthy, honourable or even considering her daughters best interests so far. How do you know that they werent?

It is making me sick - everyone going on about the child being taken away from what she knows (Japan) to a new country. What about when she was taken away from what she knows (the US) in the first place?! Everyone claiming she is better off with her Mother (which means by default no father) seems to have forgotten that.

As I have said before - if the Mother had actually allowed him to see his daughter this wouldnt have been an issue. She could have gone to the US for holidays (Im sure the father could have afforded to fly here there), they could have put their differences aside for the sake of enabling the little girl to know BOTH her cultures. But no, the Japanese Mother wanted to be selfish - yes SELFISH - and only raise her in one culture, depriving her of a Father who very obviously loves her. How in the world is that ever thinking of the childs best interests? If the father in this case had been Japanese and the Mother had done exactly the same thing kidnapping her kids back to America and denying the Japanese father access would people have been so supportive of her? I doubt it.

Yes, she carried her in her womb for 9 months. I carried all of mine the same way. Does NOT give me the right to deprive them of a Father who loves them. I dont give a crap if you thumb me down, I feel VERY strongly about this - if a child has two parents who love them very much and treat them well they are absolutely entitled to be raised by BOTH parents, and anyone who thinks different obviously has their own personal axe to grind that is NOT in the childs best interests.

And Christoba - I am not a stooge for the doctor, my name is Japanese because my husband is Japanese, I have lived here 10 years and all my kids were born here and are being raised here. If anything as a Mother you would think I would be on the side of the Mother in this case but I am not because no matter what my husband did to me (other than putting mine or the kids lives in danger) he is their father and he loves them. Whatever may happen between us I would never separate them from him because that would only be in my interests, not theirs and THEY come first.
4

Nicky WashidaDec. 25, 2011 - 04:55PM JST

I think in this case if they married in Japan this man is actually still is married and cannot get a divorce in USA nor can the court in US grant him a full custody of their child without proper divorce documentation because the divorce is not recognized since they married in Japan?

They didnt marry in Japan. Once again - gets your facts right.
-2

gaijinTechieDec. 25, 2011 - 05:31PM JST

A truly good news. It is good that the world begins to understand how backwards a country Japan really is. There is so much acceptable in Japan that are already criminalized in more civilized countries.

The only advancements Japan ever made were because of black ships or equivalent events like this. There are simply too many inhuman "traditions" in Japan.
2

ambrosiaDec. 25, 2011 - 05:56PM JST

"I don't think it's the case that US courts are 'racist against the Japanese'. It's just that they seem to assume that living in the US is of necessity so much more in the best interests of the child than living anywhere else. I'm pretty sure that if Dr. Garcia had wanted to take his daughter back to Nicaragua and his wife had wanted her to stay in America, the court would have sided with the mother."

Do you have any links to support that or is it just your opinion? Sorry to say, but you have shown an anti-American bias in past posts and have also said you've never been there. Unless you've been reading a lot of U.S. papers or divorce / custody proceedings, I can't imagine why you'd say that. Just curious. And no, don't ask me to prove this bias. It's just something I've picked up from reading posts on this site for a few years now. I'm okay with you denying it and I'm okay with you having it. I'm not that fussed either way but am just wondering from where this opinion on custody decisions comes.
1

It"S MEDec. 25, 2011 - 06:05PM JST

I get the feeling many posters simply reply based on their bias and not based on the facts of this case.

Good that she is back with her father and if the mother agreed to spend 3yrs in the states than things can be worked out to suit all parties involved.

Will it happen? Who can tell.
4

darknutsDec. 25, 2011 - 06:15PM JST

@ critoba1@aol.com

I have to say I totally disagree with your take on separating a child from their environment. You grossly underestimate a child's ability to adapt. Children are delicate in some ways but not so delicate that taking them out of their environment will damage them for life. According to the father, this girl has started to adapt to her life at an amazing pace. She was hanging out with her old friends within 24 hours of being bought back. Keep in mind that this girl was born in the US, is an American citizen and had never lived in Japan before the mother took her. Where was all this sympathy then? She lived in the US for far longer than she did in Japan. Truth is many kids in the US move around when they are young and can you imagine the life of a US military child being moved to many places around the world every few years? I work on a military base for 8 years and i haven't known or heard of anyone who is mentally "messed up" or depressed from having moved around a lot when they were kids. I do however know many people with friends from all over the world and who have a better view and understanding of other countries and their cultures.
2

darknutsDec. 25, 2011 - 06:36PM JST

@ cleo

It's not that the US courts assume that America its the best place to live for the child. Americans believe that the best thing for any child is to have access to both parents provided one is not a danger to the child. We believe that separating a child from a loving parent is one of the most damaging things you can do to a child especially a bi-racial one. This is why the mother got such a good deal. They could have just given her a reduced sentence or deportation for bringing the child back instead she got off scott free for a very serious crime so she could be a part of the child's life and I'm sure she will be granted supervised visitation at least. Why? because its best for the child to have both parents. This is why Japanese don't understand us get so upset about this issue. They don't think its a big deal for child to lose contact with on parent. We think this is one of the worst things you could do to child and even after all of these court battles and moving the child around, she will be happier and much better off in the long run because she will know both parents.
0

darknutsDec. 25, 2011 - 06:45PM JST

@Stanley52

What the mother did was illegal in both the us and japan.

If so, why was the mother not arrested in Japan?

That is a good question. I could use the "r" word but i don't want a visit from Mr. Moderator. I could counter your question with this one though: If its not illegal then why was Mr. Savoe who is a Japnese citizen arrested when he did the same thing? If you go to the site i posted you can see that the law exist and was used before in another court case. So why wasn't she arrested? I don't know. Maybe he didn't bring up this argument in court?
0

Ah_soDec. 25, 2011 - 07:38PM JST

My general opinion on these cases is "What does the kid want?" and "are they actually heard?" All the cases that I have read is about a court ruling but never once heard what the kid actually wanted in these articles.

How could she tell when the 9 year old and spent the past four years in Japan? The USA would be a very distant memory and her English language almost all forgotten. The kid is probably happy in Japan, but that is because she has been there for so long illegally.
-2

Stanley52Dec. 25, 2011 - 10:05PM JST

@darknuts

I guess to Japanese police the mother did not commit any crime punishable under Japanese law. In Mr. Savoe's case,

he was arrested and detained and then released. Japanese prosecutors did not indict him, so what he did is not punishable under the law either. Kidnapping is a very serious offence in Japan and not to be taken lightly. Thanks anyway.
0

GWDec. 25, 2011 - 11:56PM JST

stanley52

If kidnapping & abduction were REALLY serious offences in Japan, then pls explain why so many people guilty of that offence roam freely in Japan, this shud be good
0

Larry WoodworthDec. 25, 2011 - 11:59PM JST

A lot of people have been posting guesses and innuendos based on almost no information. In an effort to improve your guesses and innuendos, I've found the letter Mr. Garcia sent to Congress last year describing his situation in detail. His letter starts on page 50 of the PDF:

http://www.gpo.gov/fdsys/pkg/CHRG-111shrg62791/pdf/CHRG-111shrg62791.pdf

Granted, this is only his side of the story, but it seems he has tried to be civil in his assessment. I ask that you read the entire letter, but I know some of you have extremely short attention spans so here's his version of their married life up to and including the abduction:

I met my wife during my studies at the University of Oslo in 1998. She was working for Scandinavian Airlines and studying Norwegian, while I was taking a course on "International Health System Development." Our relationship continued after I got a scholarship to study Gastroenterology in Japan from 1998-2001. Later, I returned to work as physician in 2001 in Milwaukee. During a vacation trip in Japan on December 2001, Emiko got pregnant. We married at the Milwaukee Court House in February 2002, and Karina was born in August. Our marital problems started after the baby was born when Emiko became very depressed. She went without treatment for many years and later in spite of psychological therapy things didn't improve. She filed for divorce in 2006, and temporary orders were in placed that included prohibition for my daughter Karina for traveling outside of U.S., and prohibition to obtain a passport either Japanese or Nicaragua for the risk of abduction. At that time, I was granted generous visitation with my daughter. In July 2006, we started a process of reconciliation initiated by Emiko and finally we closed this divorce action in December 2006. However, things went wrong again as soon as the divorce action was closed. In February 2008, I decided to file divorce and honestly notified Emiko. Because of the risk of abduction, I had been granted an ex-parte order of sole custody. A few days later, Emiko and Karina disappeared from my home, and later I find out that she had taken our daughter to Japan with a Japanese passport that apparently was illegally obtained.
-4

YongYangDec. 26, 2011 - 12:14AM JST

I am so happy that this woman had it stuck to her, she deserves everything she gets for trying to deny another parent basic human rights and having the nerve for thinking she could still have the US's generosity. Well done Mr Garcia for sticking to it.
2

Larry WoodworthDec. 26, 2011 - 12:21AM JST

I'm pretty sure that if Dr. Garcia had wanted to take his daughter back to Nicaragua and his wife had wanted her to stay in America, the court would have sided with the mother.

In their original divorce agreement, NEITHER parent was allowed to obtain a passport for the little girl - either to Japan or Nicaragua. So your statement would have been moot. In the second divorce proceeding, the father was awarded sole custody "ex-parte" (Latin for: "The other party wasn't present during the ruling") Why she wasn't there, I have no idea. In case anyone thinks she was being "railroaded", however, please read this regarding "ex-parte" rulings:

In the United States, the availability of ex parte orders or decrees from both federal and state courts is sharply limited by the Fifth and Fourteenth Amendments, which provide that a person shall not be deprived of any interest in liberty or property without due process of law. In practice this has been interpreted to require adequate notice of the request for judicial relief and an opportunity to be heard concerning the merits of such relief. A court order issued on the basis of an ex parte proceeding, therefore, will necessarily be temporary and interim in nature, and the person(s) affected by the order must be given an opportunity to contest the appropriateness of the order before it can be made permanent.

So she would have had ample opportunity to challenge the ruling.
-11

cristoba1@aol.comDec. 26, 2011 - 02:28AM JST

This so called doctor brings his Japanese wife into USA and files for divorce in USA, where as a Japanese citizen she has no jurisdiction in USA. Everything is in favor of this Nicaraguan national if he is a US citizen. If he was indeed in Japan soliciting the mother in past four years oh yeah, he will get arrested because he has no jurisdiction in Japan. So he tricked the mother first by bringing her into USA which goes to show you men these days don't take care of Japanese women they marry. She had no choice but to leave USA back to her country where she will be protected and has jurisdiction. She felt betrayed and afraid of mistreatment with he child, she had no one on her side. How can a 21 st century USA treat a woman like the way they did with this poor Japanese citizen?
-5

YuriOtaniDec. 26, 2011 - 02:37AM JST

Time will tell now, if he was abusive it will show up. What bothers me is how Americans think their laws and customs are superior to the rest of the world. Worse they are trying to make the rest of the world conform to their narrow vision. Now the non Japanese men are crowing and strutting on the manure pile. All they see is a "win" for their cause and make excuses for the man. I do not see this leaving the news soon.
4

yabitsDec. 26, 2011 - 03:10AM JST

What bothers me is how Americans think their laws and customs are superior to the rest of the world.

I am an American and I don't have the sense that our laws and customs are superior OR inferior to the rest of the world. The struggle for justice is just that: a struggle. I believe it would seem wrong for most justice-loving people in the world for one parent to take a child and prevent all contact with the other parent for no other reason than that the parents can't get along.

Worse they are trying to make the rest of the world conform to their narrow vision.

I believe it is a vision that has much wider basis than you are willing to give credit. The last time I looked, The Hague was not in the United States.

Now the non Japanese men are crowing and strutting on the manure pile.

I think that you have a very visceral and fundamental hatred of non-Japanese, which makes any comments you make on this rooted in bias and injustice.
1

TasendiaDec. 26, 2011 - 03:12AM JST

It is hard when an international relationship breaks down when there are children involved.

Hopefully something can be sorted that the girl can spend time with both her parents.
1

YuriOtaniDec. 26, 2011 - 03:34AM JST

yabits my friend, I am not Japanese. I grew up on an American occupied Okinawa. I have nothing against Americans, they are just so full of themselves at times. Americans hold their justice is better than all others. It is a matter of faith with them. Two courts ruled one in favor of the mother and one in favor of the father. Americans do not want to abide by Japanese courts and Japanese do not want to abide by American courts. Having grown up on Okinawa I understand how the Americans have one rule for themselves and other rules for others. Saying the American process is flawed is not anti American and also I do not see the Japanese process as perfect.
-5

cristoba1@aol.comDec. 26, 2011 - 04:02AM JST

I knew somebody that immigrated from Chekoslovakia long time ago and he posed himself as a liver surgeon who always dressed in smelly clothes and looked dirty including his nails. I knew a person immigrated from Viet Nam who worked as a manicurist and she said she used to be a Pharmasist in Viet Nam but she couldn't answer my questions about pharmaceutical drugs. Now is this guy really a surgeon? How was his ex-Japanese wife able to marry him in USA? If that is true. The news artical reports nothing of this so called father or how their marriage started or ended. Only about a victory. No mention of how this poor Japanese mother was held in jail for over 8 months leaving their daughter without the mother. The way I see it is the father married this Japanese woman in Japan and tricked her to come to USA to divorce her to gain custody of their child which is common and Hillary you should open up your mind little wider and take notice before you conclude in favor for USA. Daughters are better off raised by mothers, this guy could wind up sexually abusive to little girl, never know.
-6

cristoba1@aol.comDec. 26, 2011 - 04:28AM JST

----------In July 2006, we started a process of reconciliation initiated by Emiko and finally we closed this divorce action in December 2006. However, things went wrong again as soon as the divorce action was closed. In February 2008, I decided to file divorce and honestly notified Emiko. Because of the risk of abduction, I had been granted an ex-parte order of sole custody. A few days later, Emiko and Karina disappeared from my home, and later I find out that she had taken our daughter to Japan with a Japanese passport that apparently was illegally obtained.-----------

I can see this man blaming everything to her and not himself. I won't trust this man with colonoscopy procedure. So he blocked her from ever traveling to Japan with or without her daughter. It's unfair to assume she will not return her daughter. What pi-sed her off is her right was blocked by selfishness of this man and US court system. This guy did not permit his ex-wife to travel abroad. No wonder she fled. She was misled (which is against the law) and betrayed. I can't believe USA court system imprisoned her this way.
0

tmarieDec. 26, 2011 - 04:32AM JST

All this talk about kidnapping being legal in Japan... Funny when it comes to Japanese kids being taken, the Japanese government gets involved.

Glad the child has been returned to the best parent. Anyone who steals their child and flees illegally certainly isn't the best role model or caregiver.

Sounds like an all familiar story. Foreign man, Japanese women, shot gun wedding, woman changes after having a kid, refuses to get help, vilifies husband... Have heard it far too many times.
3

Larry WoodworthDec. 26, 2011 - 04:49AM JST

This so called doctor brings his Japanese wife into USA and files for divorce in USA, where as a Japanese citizen she has no jurisdiction in USA.

First of all, they didn't get married until they were in Milwaukee, WI. So he didn't "bring his Japanese wife into the USA". She came to the U.S. as a fiance. Second of all, even natural-born U.S. citizens don't have "jurisdiction in USA". "Jurisdiction" is reserved for defining what government judicial entities have responsibility for. Individuals don't have "jurisdiction". Perhaps you were aiming for the term "rights"? If so you are incorrect. Because she entered the country on a fiance visa (and therefore entered the country legally), she is afforded all the rights available to any other citizen EXCEPT the right to vote in an election. The entities that have no jurisdiction in Milwaukee are the sovereign nations of Japan and Nicaragua. Their laws do not apply in Milwaukee.

Everything is in favor of this Nicaraguan national if he is a US citizen.

??? And this would be because...?

If he was indeed in Japan soliciting the mother in past four years oh yeah, he will get arrested because he has no jurisdiction in Japan.

(Ignoring the misapplication of "jurisdiction" because we've already covered it.) This is so incoherent I can't even begin to think of how to begin, so I'll just wade in. He was never arrested in Japan and in fact the Japanese courts (who DO have "jurisdiction" in Japan) AWARDED HIM VISITATION RIGHTS. He was soliciting the COURTS, not the mother.

So he tricked the mother first by bringing her into USA which goes to show you men these days don't take care of Japanese women they marry. She had no choice but to leave USA back to her country where she will be protected and has jurisdiction. She felt betrayed and afraid of mistreatment with he child, she had no one on her side. How can a 21 st century USA treat a woman like the way they did with this poor Japanese citizen?

Wow. When, exactly, did he "trick" her? In 1998 when he first met her at the University of Oslo, Norway? Perhaps it was when they continued their relationship after he got the scholarship to study Gastroenterology in Japan from 1998 to 2001? Maybe it was when he left Japan to work in Milwaukee, WI USA in 2001? They've had a relationship for over three years up to this point. Is that when the trickery happened? He then comes back to Japan on vacation and they continue their relationship to the point where she becomes pregnant. (OK, now the question changes to, "Did ONE of them trick the other?") Anyway, back to the mother getting "tricked". He and her become engaged and he has her arrive in the U.S. under a fiance visa. They marry in Milwaukee in February 2002. Was THAT when she was tricked? After the baby was born, she became depressed and ultimately filed for divorce in 2006. I know! He TRICKED her into filing for divorce! Is that it? Then he TRICKED her into reconciling, right? OOhhh this guy is a TRICKY one! Right? She must have "felt betrayed" because of him filing for divorce, right? This is besides the point that she was the one who FIRST filed for divorce, right? Then a few days after he was (temporarily) granted sole custody of the child, the mother gets a Japanese passport issued for the child and skips the country. So who was tricking WHO here?
5

Larry WoodworthDec. 26, 2011 - 05:40AM JST

Time will tell now, if he was abusive it will show up. What bothers me is how Americans think their laws and customs are superior to the rest of the world. Worse they are trying to make the rest of the world conform to their narrow vision. Now the non Japanese men are crowing and strutting on the manure pile. All they see is a "win" for their cause and make excuses for the man. I do not see this leaving the news soon.

Your turn, YuriOtani. Our laws and customs are not necessarily better than all others, There just hasn't been a better alternative offered to us. If it is, we'll adopt it. We have done it in the past and we will continue to do it in the future. Our rights and our laws are centered around the unique history that resulted in our country declaring independence from the British. Some of those rights could probably use some updating and our Constitution allows for that once enough people decide it must happen. But enough on that.

The laws of the United States of America are THE LAW for all points inside the United States of America. This includes the City of Milwaukee, Wisconsin. Japanese law has no jurisdiction (are you paying attention, Cristoba1?) inside the United States of America. If the father was abusive, in what fantasy world do you think the U.S. courts would award even TEMPORARY custody to him?! It's obvious the mother has never claimed he was abusive - even after abducting the child to Japan. If she had been claiming so, then the Japanese courts would have sided with her. Instead they ruled in favor of the father.

By taking the child away from the person who was granted (even temporarily) sole custody of the child, the mother defied a court order and was in violation of United States of America laws. Guess what? If an American woman took a child from a spouse in Japan who's been awarded sole custody in Japan and brought them back to America, Japan would naturally insist the child be returned. We'd never hear YuriOtani utter these words in that instance, "What bothers me is how the Japanese think their laws and customs are superior to the rest of the world. Worse they are trying to make the rest of the world conform to their narrow vision."

Here's the OTHER difference in the situations... If such a situation DID happen and Japan objected, the U.S. would comply (after determining there were no accusations of abuse inflicted by the father). Japan? Well we've already SEEN Japan's (non)-response. From another part of his letter to Congress:

I currently have also sole legal custody under Japanese law. However, I am still being denied access to my daughter. I opened a case for ‘‘habeas corpus’’ in Japan at the Osaka Supreme Court in October 2009 and they ruled accepting U.S. jurisdiction and the previous U.S. custody orders. However, the return of my daughter has not been enforced.

So Japan's attitude is, "Yeah, you have a case and you have custody, but we ain't doing squat about it." I guess they figure if they stall long enough before enforcing their own court's rulings, everyone will just say "shoganai".

Funny. We started by discussing America's arrogance about their laws and ended up discussing Japan's ineffectual courts.
-5

YuriOtaniDec. 26, 2011 - 06:26AM JST

Larry Woodworth, you need to read my posts better. I am Okinawan and not Japanese. All you see is the American view and ignore the Japanese. So if the couple gets divorced in Japan you are ok with the court ruling? Again the culture of Okinawa is not that of Japan. About Americans I grew up under the American occupation. They imposed their laws upon us. In fact they still can today. The SOFA agreement is the legal selling of us by the Japanese to the Americans. So if I seem to be on the women's side you are mistaken. My view is a neutral 3rd party should settle this.
5

YubaruDec. 26, 2011 - 07:04AM JST

Yuri, Okinawan is what you are ethnically, your citizenship is with Japan,you should know this if you were born back during the RAC. hence liking it or not you are Japanese. I can not imagine a Japanese American not stating that they are NOT American because of the circumstances of their birth. They are American's of Japanese descent, pretty simple to understand. You are Japanese of Okinawan descent.

Where or when you were born doesnt matter either. One must be able to differentiate between ethnicity and nationality.

If you believe a neutral 3rd party should settle this, then get your government to fully cooperate and SIGN the Hague convention as all the other (excluding Japan) G-8 countries have. Plus petition your government to put in place laws that deal with cases like this as well, including allowing joint custody of children between parents.

Children and spouses a like have a HUMAN RIGHT as I see it to be allowed to be in contact with each other freely if there are no other extenuating circumstances.
-10

cristoba1@aol.comDec. 26, 2011 - 07:09AM JST

It takes two to tangle. If this guy didn't check for leak in prophylaxes (guy is a doctor, supposedly) he spread it and got her pregnant. He didn't had to marry her, why did he, if marriage wasn't in his plan?
Would have saved the mother and this little girl a lot of trouble in the future to come.
-4

cristoba1@aol.comDec. 26, 2011 - 07:13AM JST

---------does that give her the right to deny him access?-----------

They denied the mother access to travel abroad.
5

tmarieDec. 26, 2011 - 07:18AM JST

Yuri, if you travel outside if Japan where is your passport from?

Cristso, thanks for all the laughs. You seem to have many issues with Americans, husbands... You amaze me with how misinformed you are and your blatant sexism.
3

YubaruDec. 26, 2011 - 07:21AM JST

@cristoba....when and where was the mother denied access to travel abroad? Other than of course her being arrested and detained for breaking the law.

She was free to travel. Just not snatch the kid away.
2

YubaruDec. 26, 2011 - 07:23AM JST

It takes two to tangle. If this guy didn't check for leak in prophylaxes (guy is a doctor, supposedly) he spread it and got her pregnant. He didn't had to marry her, why did he, if marriage wasn't in his plan? Would have saved the mother and this little girl a lot of trouble in the future to come.

Sorry but this logic is about the same as trying to say that if neither one of their parents had them as children this case wouldn't have happened in the first place.

Oh and it's kind of hard to get a divorce without being married, and he filed twice too.
-6

cristoba1@aol.comDec. 26, 2011 - 07:24AM JST

Strange, I'm a American tmarie and I'm very familiar with Japan. I'm looking after the life of this girl not what the father wants.
2

YubaruDec. 26, 2011 - 07:35AM JST

Strange, I'm a American tmarie and I'm very familiar with Japan. I'm looking after the life of this girl not what the father wants.

If this is true then explain why the Osaka courts granted him custody? Oh and please explain why you believe the mother is the only one capable of looking after the life of this girl? Seems to me Dad has a decent job, great income, stability, and most importantly the will, love, and resources to raise her.
-9

cristoba1@aol.comDec. 26, 2011 - 07:43AM JST

-------------She filed for divorce in 2006, and temporary orders were in placed that included prohibition for my daughter Karina for traveling outside of U.S., and prohibition to obtain a passport either Japanese or Nicaragua for the risk of abduction. At that time, I was granted generous visitation with my daughter. In July 2006, we started a process of reconciliation initiated by Emiko and finally we closed this divorce action in December 2006. However, things went wrong again as soon as the divorce action was closed. In February 2008, I decided to file divorce and honestly notified Emiko. Because of the risk of abduction, I had been granted an ex-parte order of sole custody. A few days later, Emiko and Karina disappeared from my home, and later I find out that she had taken our daughter to Japan with a Japanese passport that apparently was illegally obtained.-------------

First off where did you get confidential document? I this is what it is---he filed and got sole custody of their child, before that he filed for prohibition to obtain passport either for Japan or Nicaragua. This guy got away with murder because he used his native country to block this issue and stayed freely in USA. Which was unfair for the mother because she as a Japanese citizen was then stuck in USA or forced to stay, she was not free to travel to Japan with their daughter. This is wrong because you punished her for something that didn't occurred at that time. Do you see why she fled? She fled after she was unfairly treated and he right was taken away, this guy used two counties to tackle her. You can't take away her right to travel to her native country with her child.
-5

cristoba1@aol.comDec. 26, 2011 - 07:54AM JST

-------------If this is true then explain why the Osaka courts granted him custody? Oh and please explain why you believe the mother is the only one capable of looking after the life of this girl? Seems to me Dad has a decent job, great income, stability, and most importantly the will, love, and resources to raise her.------------

Do you mean Osaka court granted him custody because you guys put the mother in jail for over 8 months? If this is what you mean, Japan wanted to get the poor mother out of american Wisconsin jail. Why shouldn't the mother raise the daughter? A lot of wealthy men give custody to a child's mother. Is this man too cheap to pay alimonies? You said he has a job as a doctor if that is true (they probably just hiding his name under doctor) . Why is this man so obssessed with owning their daughter? Share her. He works. He can have visitation rights when she is out of school since this involves people living in two different countries, there will be no weekends. If he wants daughters have more kids or adopt one.
-4

YuriOtaniDec. 26, 2011 - 08:23AM JST

Yubaru, am only a Japanese National because the Americans made us such. As to this case I have not seen the evidence and take what is in news stories as hearsay. tmarie, I am tired of constant explaining, you have a very simple world view, very American.
1

tmarieDec. 26, 2011 - 08:32AM JST

Funny Yuri as I am not American and have spent little time in the US. Perhaps my view is worldly while yours is very Japanese?

Christo, you can be American and dislike them. You seem to be very unaware of international marriage problems that done face while married to Japanese women. I hope you never have the same issues this man has had. Sadly, his problem is not uncommon when it comes to divorce and Japanese women kidnapping the kids. You also have a very laughable view that kids belong with their mom. Kids should be with the best parent and sometimes that is the father. In this case clearly dad has his daughter's best intentions in mind. The same cannot be said about the mother. Shame you can't understand this. I hope you never suffer the same fate.
1

tmarieDec. 26, 2011 - 08:33AM JST

And share her?! What do you think the father was trying to do?! The mother didn't want to share. Hence all the problems.
-9

cristoba1@aol.comDec. 26, 2011 - 09:03AM JST

Seemed to me this guy from Nicaragua (dangerous country) got an education with our tax money USA. Why can't this guy pay the alimony? Still paying the tuition? Makes sense, he is broke. why should she stick around when she was granted no travel to Japan in divorce settlement. I don't think some of you have no sense at all of what it is like to be taken away from someone so close. So until you have experienced that seperation as a child don't be so self righteou

Moderator: Please tone down your comments and do not be so intolerant of other readers' opinions.
-4

cristoba1@aol.comDec. 26, 2011 - 09:05AM JST

I think USA maybe having problem with Japan over Okinawa.
0

cristoba1@aol.comDec. 26, 2011 - 09:07AM JST

-------------Quick question for anyone who can answer it: How many Japanese news papers did this make the cover of? Is my guess of zero correct?-------

It's in Japanese news papers. Example: Mainichi Shimbun.
-6

YuriOtaniDec. 26, 2011 - 10:17AM JST

yabits, she is both but could be American or Japanese. She has a decision to make at 18. Until then she has the benefit of both. Oh I call them as I see it. This fellow is not even a natural American. Oh please do me a big favor and stop referring to me as a him. It hurts me feelings, ok?
-1

Joseph Garrett BaxterDec. 26, 2011 - 10:18AM JST

It seems like the law is being changed in Japan because of further pressure from the USA. The issue that people are complaining about is if the law will be retroactive for the past kidnappings. It is clear that the Father loves his child very much and he should be with her too. The mother did a rotten thing. Nobody should ever take away the child like this unless the child is not being treated well by one of the parents. In that case it is better not to be around that parent. The whole thing is a sad situation since these children will likely grow up with some problems.
2

2020hindsightsDec. 26, 2011 - 10:38AM JST

tmarie

And share her?! What do you think the father was trying to do?! The mother didn't want to share. Hence all the problems.

Yes indeed and he still wants his daughter to have access to her mother and grandparents:

"I told her that she's going to see her parents, her grandparents and her mom in the future, hopefully very soon."

The whole time he just wanted access to his daughter and was denied. However he isn't so small minded to block access.

Moises Garcia called it a miracle having his little girl home for Christmas, and he's hoping the Japanese government realizes all children deserve two parents.
6

yabitsDec. 26, 2011 - 10:40AM JST

This fellow is not even a natural American.

The use of the word "even" suggests that his case on behalf of a naturalized American -- his daughter -- should be given less serious consideration. That may be how the justice systems of other nations work, but I'm very proud with how this case has been adjudicated.

The mother indeed did a rotten thing because a very rotten system in Japan specifically regarding these matters let her get away with it. If Japan's system did not accommodate international child abduction, it is far more likely that these cases will be worked out much more to the benefit of the children involved.
3

Nicky WashidaDec. 26, 2011 - 10:55AM JST

Until then she has the benefit of both.

She doesnt though, does she? Thats the whole point - the mother was preventing her having the benefit of both, hence the position they are now in.
4

Nicky WashidaDec. 26, 2011 - 11:00AM JST

Why shouldn't the mother raise the daughter?

No reason why not at all. No-one has a problem with her raising the daughter. Everyone has a problem with her blocking access to the father. THAT is the issue.
-1

YuriOtaniDec. 26, 2011 - 11:03AM JST

yabits, if you are born in America then you are a natural born American. It has to do with the 14th amendment of their constitution. Does not work that way in Japan but it was an unexpected outcome of their civil war. Again we must wait and see what happens. The best possible outcome is the parents get over it and learn to respect each other. I do not see this case changing things.
-5

cristoba1@aol.comDec. 26, 2011 - 11:09AM JST

-------The mother indeed did a rotten thing because a very rotten system in Japan specifically regarding these matters let her get away with it.-------

To your comment-- for what was reported, father indeed did a flagrant thing first by imposing orders to prohibit for daughter to traveling outside of U.S. with her mother, and prohibition to obtain a passport .... .....He said, " because of the risk of abduction, I had been granted an ex-parte order of sole custody. ----------" He initiated the hardship onto his ex-wife by tormenting her throughout the ordeal by accusing her of possible abductor. She wasn't given a choice which is rather unconstitutional, isn't it to imprison someone from traveling to Japan with her daughter? Therefore she was tricked. Why do you think she ran away to safe haven? She wasn't granted any rights in USA, all rights were granted to the ex-husband.
-6

cristoba1@aol.comDec. 26, 2011 - 11:18AM JST

this poor girl will be 12 or so in couple of years, do you people really want the father to teach her about becoming a young lady? some girls start at as early as 10 or 11. I think this young lady needs to be living with the mother. She also have a good grandparents in Japan. Does this man have any relatives as kind as these Japanese families?
-1

2020hindsightsDec. 26, 2011 - 11:21AM JST

He initiated the hardship onto his ex-wife by tormenting her throughout the ordeal by accusing her of possible abductor.

And how is that hardship and torment? It turns out she was an abductor, so he was right.

Therefore she was tricked.

She was the tricky party. He secretly and illegally got a Japanese passport for her daughter and kidnapped her.
-1

2020hindsightsDec. 26, 2011 - 11:23AM JST

Sorry last post was meant to say "**She **secretly and illegally got a Japanese passport for her daughter and kidnapped her."
1

tmarieDec. 26, 2011 - 11:40AM JST

Yuri he already respects the right for the mom to see her kid. The problem is that the mother had no respec for the father his rights.

And it isn't just the US giving Japan pressure - Canada, the UK, Germany... Japan can't expect respect and to be apart of the international community if they don't play by the same laws and rules as everyone else.
1

yabitsDec. 26, 2011 - 11:54AM JST

To your comment-- for what was reported, father indeed did a flagrant thing first by imposing orders to prohibit for daughter to traveling outside of U.S. with her mother, and prohibition to obtain a passport ....

You are 100% wrong.

The father can NOT impose orders. The parents can go to a court of law to make a plea, and the court decides. Here's where the problem lies entirely with Japan. Because of Japan's well-known rotten system of protecting the Japanese parents who have abducted children and have, in effect, denied or severely curtailed the rights of the other parent with regards to custody or visitation, any astute court system would be extremely reluctant to give a Japanese parent the opportunity to take advantage of the situation.
4

yabitsDec. 26, 2011 - 12:08PM JST

She also have a good grandparents in Japan. Does this man have any relatives as kind as these Japanese families?

Again, this very argument works against the Japanese. Accept it or not, there are many people in the world who are just as kind as Japanese people. The assumption by some Japanese that they are kinder (ie: superior) than everyone else causes some among them to then make a natural leap to the thinking that it is therefore perfectly OK to abduct children of mixed-nationality marriages.

If the mother truly cared about helping to bring up her daughter, she shouldn't have abducted her the way she did. It is completely perverse to put the blame on the father -- who acted as any father who truly loved his child would act. It is also very cruel and unkind to assume that the man's family and relatives are not just as capable of showing kindness to a child as anyone else.
0

cleoDec. 26, 2011 - 12:41PM JST

I don't think cristoba1@aol.com is claiming that Japanese grandparents are kinder than any other nationality of grandparents (at least I hope not), just pointing out that the girl has extended family in Japan, while the father is an immigrant whose extended family is in Nicaragua and so unable to participate first-hand in raising the girl.

I understand his/her concerns about a single father raising a girl through the difficult years of puberty. Word has it though that Garcia has now remarried and started a new family, so Karina will be living not with a single Dad, but with a new mum and a new sister. If Karina's real mum is as unstable as Garcia claims, then she's going to have a very hard time living close by and watching Karina become part of another family.

I don't think we've reached the end of this story yet.
-6

cristoba1@aol.comDec. 26, 2011 - 01:31PM JST

That explains why he wants his daughter, he has a new wife and another child. Doesn't want another expense perhaps and pay child support to his ex-wife. Earlier though after their divorce settlement, he imposed and was granted sole custody of their daughter by the UScourt which seemed to me he wanted to keep the daughter in the US because she was born in the US and he is from Nicaragua. Now is this man US citizen or is he here on visa?
-6

cristoba1@aol.comDec. 26, 2011 - 01:36PM JST

Where do you people get the idea this mother is unstable, only by Garcia's words? The girl has been very happy living in Japan and was well cared for both by mother and grandparents. What seemed to me here is not about parental rights, it's about keeping US citizen daughter with him in the states because he probably isn't a US citizen, is this right? With US born daughter he gets to stay in the US?
-6

cristoba1@aol.comDec. 26, 2011 - 01:44PM JST

Living with step-mother would be tough because she would never be treated the same as real daughter. Step mother will probably make this poor girl do all the work and soon enough the father will see part of his ex-wife's in the daughter and eventually start treating her poorly.
2

Nicky WashidaDec. 26, 2011 - 03:06PM JST

this poor girl will be 12 or so in couple of years, do you people really want the father to teach her about becoming a young lady? some girls start at as early as 10 or 11. I think this young lady needs to be living with the mother

Aside from the fact that I have some friends raised by their single fathers who have done an amazing job with them I agree - she SHOULD be living with her Mother, and she could have been had her mother not blocked access to her father. Now she HAS to live with her father to have a chance of both of them being part of her life.

Please - Cleo - somebody - anybody - who understands these things better than I do explain to me how it benefits a child to have a loving parent cut out of their life? I would love to understand this idea I really would. Maybe there is something I am missing here? I would have no problem with this woman living with her daughter in Japan IF SHE HAD PROPER ACCESS TO HER FATHER!!! How can this ever, ever be a bad thing???!
4

the_sicilianDec. 26, 2011 - 03:31PM JST

@Nicky: No sense asking JT to moderate a purely Japanese point of view. I like the request, though.

So let me see if I understand this: they were married in the US, they divorce, and a US court says that NEITHER of them can get a passport to take the kid away but the mother does, secretly. And after the second proceeding, she illegally takes the girl out of the country? Then he goes to court, gets custody, goes to Japanese court and gets a favorable ruling, and the mother keeps the girl hidden away with him no access?

Um, yeah, he's the bad guy alright (lots of sarcasm).
0

nec123aDec. 26, 2011 - 04:05PM JST

how wonderful for this girl and her father. I only wish the child-abducting mother was given jail time as well. I see the father has already promised visitation to the Japanese family.... how utterly un-Japanese of him!
-1

It"S MEDec. 26, 2011 - 04:08PM JST

nec123a.

Read up on the case the mother already spend time in jail. ;) Of course he acts un-japanese as he isn't.
6

NessieDec. 26, 2011 - 04:31PM JST

Yuri Otani

What she did was illegal in America but legal in Japan. There needs to be clear cut laws on jurisdiction, who decides what and when. The "abductions" work both ways. So many posters think American law good Japanese bad. There has to be a way to respect the traditions and laws of both.

I seem to remember you're all for foreigners being subject to the full weight of Japanese law, Yuri. Now you seem to have changed your tune. Amazing what a little shoe on the other foot will do.

For the record, I think people shold abide by the law of wherever they live. But you go ahead and play the "victim of cutural imperialism" card if it makes you feel better.
4

ambrosiaDec. 26, 2011 - 05:13PM JST

Where does it say the doctor doesn't have extended family in the States? Just because he's an immigrant it doesn't mean he doesn't have other relatives living there, in fact far from it. Once immigrants get citizenship they often sponsor family members and his being a doctor would likely make it easy for him to do so. There's a lot of speculation going on about this case but it seems like few facts.
5

YubaruDec. 26, 2011 - 06:00PM JST

Yubaru, am only a Japanese National because the Americans made us such. As to this case I have not seen the evidence and take what is in news stories as hearsay. tmarie, I am tired of constant explaining, you have a very simple world view, very American.

Ahem Yuri, it is rather evident that you must have missed out on your Japanese history classes if you believe that the "American's" made you such. Four years after the 1868 Meiji Restoration, the Japanese government, through military incursions, officially annexed the kingdom and renamed it Ryukyu han. Okinawa became a part of Japan well before WWII.
9

NicaraguanDec. 26, 2011 - 11:21PM JST

I am the father of Karina, the first child ever returned to the US. She is doing well and adapting well to her home here in Wisconsin. I have been reading all the comments and I want to thank all that have supported the return of my daughter back to her real home. There are some people that seems no to understand what really happened here. 1)- I am fully licensed US physician currently practicing in Hepatology (Liver disease) 2)- I lived in Japan from 1998 to 2001 when I came to work in a hospital here and my scholarship in Japan culminated. 3)- I am proudly Nicaraguan, and I don't have anything to be ashamed of, my culture is also rich as Japanese or American, and it deserves respect from all of you. 4)- I married my ex-wife in Wisconsin court and live with her and our daughter after the moment of the abduction. During our marriage, I never returned to Japan. Therefore, I never trick anybody into US. We decided to live in US as this country is multicultural and it was foreign for both of us. Our daughter is special as she is the symbol of international children. 5)- US courts have full jurisdiction to handle the divorce case according to International standard and even Japanese law. Our divorce action and orders were fully recognized by the Osaka High Court on Sept 2009 when I became sole custodian also in Japan, however, this was not enforced and instead was dragged for another 2 years. 6)- During the whole US divorce proceeding, my ex had legal representation and in fact returned to US on 1/2009 where I tried to enter into a visitation agreement. However, she instead filled for divorce in Japan and broke all the agreements in US. Instead, she wanted to get full property division and 3000 US in Child support. 7)- As the US court recognized that I was the better parent, I was given full custody in a trial on June 2009. She was found in contempt and order to return our daughter to US where she could get "joint custody" 8)- Unfortunately, she never agree to the minimal visitation, and I could not accept to give up my daughter. 9)- Since 2009 until march 2011, I traveled to japan 9 times with significant expense for me (economical and emotional) as I could not see my daughter except for three occasions for short term. 10)- In spite of presenting at least 5 different visitation schedules, she refused all of them. Even the Japanese court in march agreed with me when they granted significant visitations. However, they were never enforced. Instead she appealed to continue dragging longer the process and the brainwashing. 11)- As the civil options were no longer present, local police and district attorney office decided to issue an arrest warrant as a result of investigation where it was found that she had traveled to US at least 3 times before, and she was about to get the green cards. 12)- Even after her incarceration, she was offered after her arrival a plea where she would be completely free of any jail time if our daughter were to be returned. Unfortunately, she kept dragging the process for another 8 months. 13)- Finally the Japanese court issued the judgment were they agreed with my custody and called for the return of my daughter from the grandparents. It was also accepted that the child had been severely brainwashed. 14)- Before her return, there was a significant involvement from the Japanese government. There were 2 diplomatic notes issued one from US and another from Nicaragua demanding Japan to follow and cooperate with the US judgment. My case was raised several times in secret conversation with Japanese officials. 15)- As somebody mentioned, it is totally ridiculous to assert DV claims as courts in 2 different countries at different levels civil and criminal agreed with my custodial rights. 16)- My intention is for my daughter to have all her rights respected. In fact, she already talked to her mother for 45 min, and she called her friend in Japan. She is now writing a letter to her grandparents. IN 4 YEARS WHILE SHE WAS ABDUCTED, I NEVER RECEIVED ONE SINGLE LETTER. 17)- I learned Japanese, and how to cook Japanese food just for her as my intention is to keep her Japanese heritage, but she is still lagging behind in other kind of food and this is a lost.... she used to eat all kind of foods before, and my intention is to return to that point. 18)- she used to speak 3 languages at home, now only Japanese. 19)- Her weight is down 20% and she is like a 6-7 year old. 20)-During 4 years, she never saw a dentist. Any more question?
-8

VicMOsakaDec. 26, 2011 - 11:27PM JST

So now the young girl has two mommies, a sister that she does not know and the other her real mommy. The man already has made another family, so why should he steal the only child of the biological mother. Most men who have remarried and have a new family would not be so callous to separate a child from it's biological mother while bringing up his own family. This girl is a complete stranger to the father and the other family members. I feel sorry for her and her true mother who is now forced to stay in a country that is not her own. Even now, although she is forced to stay in the USA because of her child, she has less rights to the child than the ex husband's wife. How crazy is that ?
7

NicaraguanDec. 26, 2011 - 11:50PM JST

Why feel sorry? The child was given a newborn sister that she likes from the first sight. She will still have her mother, as visitation and hopefully custody will be given by the US courts once protection mechanisms are in placed to prevent any further abuse. She remember lots of her life in US and very quickly we are catching up on her new preferences. Today, we watched in Japanese her favorite cartoon "Fairy tail". We are also learning new experiences....Now she loves playing angry bird in the computer. She was also given back her father...fathers also have rights to maintain relationship with their children, to rebuild their lives independently of their marital status. Mrs, VicMOsaka, would you agree my ex if she were married or dating somebody? My ex had choices, and she chose her own pathway....
3

tmarieDec. 27, 2011 - 12:28AM JST

As a child of divorce, my life has been enriched by my step parents, their families and my half bribed and sister. This girl is lucky to have a father who loves her so much and a new family that will live her and respect her. Anyone who suggests oth wise is crazy and probably hasn't experienced life as a child of divorce. In many cases it is better for the kids to have divorced parents than a family of silence or fighting. Those who you who go on about the mother being the better parent really need to take a look around and see that is not the case. The mother in this case is clearly not the better parent - and both the US and Japanese courts agreed to that.

I wish you and your daughter well. Ignore the negative comments. I think they'd change their mind if they were ever put in your situation. I hope the healing process goes smooth and quickly.
0

tmarieDec. 27, 2011 - 12:30AM JST

Half brother not bribes!!
3

NicaraguanDec. 27, 2011 - 01:03AM JST

Excellent comment tmarie....I will secure that all bad comment will be that ...Just bad comments!
-3

YuriOtaniDec. 27, 2011 - 07:44AM JST

Yabaru, just because I do not agree with you there is no reason to insult. I do know that Americans consider green card holders to be American and thus under their law. Does not matter where they are located, American law comes first. So to sum this up the women would of been ok if she had stayed in Japan. Other Japanese women will learn from this case and stay at home. Now she is interned for 3 years and will she be allowed to visit? So while this is a "victory" for an individual American male. It is a loss for all of the other American fathers with children in Japan. About the Japanese family courts? I did not make the system and is is based on the Japanese family unit. The mother being the usual caretaker of children. It will change when the people of Japan want change.
4

YubaruDec. 27, 2011 - 07:46AM JST

Why did she run? Well America is a scary place to someone who did not grow up there and has trouble speaking the language.

This is classic, yeah she ran, right back to America, to keep her residency permit. Looks like she doesn't want to stay in Japan either.
2

Nicky WashidaDec. 27, 2011 - 07:51AM JST

@Nicaraguan - if I may. I was hoping you might have been monitoring the comments here, and here you are!

I have been sick to my stomach at some of the ridiculous accusations that have been made against you, totally without basis. Karina has been through all that she has so far because of your ex, NOT because of you. Indeed, you seem to have acted with kindness and integrity right the way through, even learning Japanese language and cooking for her! The very fact that you are STILL supporting her Mother and extended family seeing her after all they have put you and Karina through is a measure of who you are.

You notice NO-ONE has been able to answer my simple question here of why a loving father having access is a bad thing!

Please just ignore the negative comments here - many many people have their own personal axe to grind and are grinding them against you and your situation. I dont even know you and your family, but I thought about you a lot over Christmas Day. I tried to send a personal message of support through FB but I wasnt able to so it is here for all to see instead!

I am thrilled beyond words for you and your family. As a Mother of 3 half-Japanese children myself, I dont know how I would find the strength to go on if they were taken from me. I hope and pray that Karina will settle happily into her "new" "old" life (because people complaining she was taken from "what she knows" (Japan) seem to have conveniently forgotten she was taken from what she knows (US) in the first place!)

Very obviously her Japanese family love her. Very obviously you do too. What a lucky little girl. Now she has a chance to grow up with EVERYONE who loves her contributing to her life and no-one can ask for more than that. She will grow up knowing just how much her Papa loves her.

Very best of luck to you and the family, and congratulations on Karinas baby sister too! I am sure you will have a truly wonderful Christmas and New Year and I wish Karina well as she starts back to school. God bless you all!

xxxxx
-7

YuriOtaniDec. 27, 2011 - 07:54AM JST

edited Nessie, she returned to Japan and Japanese law. What she did was not illegal under Japanese law. Nicaraguan, the blather of the ex husband is not fact. Of course in his dribble he is right and she is wrong. Second I do not think the court in Wisconsin is impartial. The family laws in the 50 states are not the same. What I see happen is this man who commanded a full knowledge of the English language, make a fool out of the wife. Not much of story has been released but his words are treated as Gospel. The ex husband has a lot of money and influence and did not let his bed go cold. He was probably cheating on her. So what we have here is the typical dirty divorce. Who is "right"? I do not think either of them is 100 percent anything. Why did she run? Well America is a scary place to someone who did not grow up there and has trouble speaking the language. So now he has custody, she is in a larger cell limited to the surrounding area of his residence. Wonders what he will do for an encore?"
1

Nicky WashidaDec. 27, 2011 - 07:59AM JST

She was also given back her father...fathers also have rights to maintain relationship with their children, to rebuild their lives independently of their marital status

Couldnt agree more - and I am a mother. Some of us are not man-haters and recognise that children need their fathers too for a balanced upbringing. Believe me, sometimes I want to smash him in the face !!! (Christmas Day was another classic that I wont go into now!) and I am sure there are times he would love to pee in my nabe pot too (!)but that is marriage (well, slightly exaggerated!) I still recognise his importance to the kids.
-8

YuriOtaniDec. 27, 2011 - 08:21AM JST

I just heard on American TV, she is going to be prohibited from visiting her daughter. Suppose I support her because she is the "underdog". I suspect she will spend the three years being denied visitation to her daughter and then deported.
4

YubaruDec. 27, 2011 - 09:04AM JST

I just heard on American TV that through an agreement between her and his lawyer's that she will have liberal visitation rights. I suspect that because of all the trouble that she has caused will soon be forgotten and that the child, who is the focus of this discussion will adjust normally and become a wonderful well adjusted adult.
2

lostrune2Dec. 27, 2011 - 09:10AM JST

What the mother did was illegal where she committed it, and that's what matters.

For example, do you know in North Korea, it's not illegal to abduct a Japanese national? So if a North Korean father abducts his daughter in Japan against Japanese court order and then takes her to North Korea, are we saying that what the North Korean father did was not illegal? Of course it is.

And the mother had a U.S. green card, meaning she was a long-enough resident of the States, and she wanted to renew it, meaning she voluntarily wants to be there in the future. These mean the States is not some place that she's unfamiliar with nor a scary place she doesn't want to be. At least she will be granted regular visiting rights with her daughter, which is more than she had ever granted the father.

As for the father, whatever happened in the divorce, he was granted full custody of the daughter, so that means he was deemed a fit-enough father. And him letting his daughter access to both sides of the family speaks better who's morally sound in the mind than a mother who unilaterally decides to take away the daughter from her father and from the life she has ever known at that point (she grew up in America) to a new country that she was not familiar with. Did anybody ever ask the daughter if she wanted to leave America in the first place?

Speaking of unfamiliar surroundings, going to Japan would be more unfamiliar to the daughter than going back to America. She lived more than half her life, her first five years, in America with her father there. She knew America and her father before she ever knew Japan. Plus she's returning to relatives who she already knows and know her - uncles, aunts, cousins on her father side. And getting to know her new family and siblings, single families get remarried all the time, with the children getting to know each other just fine. Remember the Brady Bunch? So it's not like she's a stranger in a strange land - she already lived there, spoke the language, knew the people. She'll be fine.
1

2020hindsightsDec. 27, 2011 - 09:47AM JST

Yuri

Second I do not think the court in Wisconsin is impartial.

Why?

He was probably cheating on her. So what we have here is the typical dirty divorce.

Why do you think so?

Well America is a scary place to someone who did not grow up there and has trouble speaking the language.

Really? They are both immigrants to the US. The question you should be asking is after he got visitation rights in Japan she would not allow him to visit his daughter.
-6

YuriOtaniDec. 27, 2011 - 09:53AM JST

lostrune2, so very nice of you to compare my country with a isolated country. What needs to happen is an agreement between America and Japan on who decides the issue of which parent gets to raise the child. So I take it country of residence decides? My big worry is my Japanese cousins will not take this well. Next American who tries to abduct his kids will do time. Her being held hostage by the Americans is a game changer. Oh btw I disagree with the current system. I know bot American and Japanese dads who can not see their children. Then again I know women whose American husband has left her and the children in Japan. They do nothing for them and are not held responsible.
1

2020hindsightsDec. 27, 2011 - 09:57AM JST

What needs to happen is an agreement between America and Japan on who decides the issue of which parent gets to raise the child.

Yes! It's called the Hague Treaty.
-5

YuriOtaniDec. 27, 2011 - 10:20AM JST

Japan has not signed it, so it is not law.
0

2020hindsightsDec. 27, 2011 - 10:23AM JST

Japan has not signed it, so it is not law.

Yes. But you said

"What needs to happen is an agreement between America and Japan on who decides the issue of which parent gets to raise the child."

Well it's simple! Sign the treaty!
4

Mirai HayashiDec. 27, 2011 - 10:59AM JST

@Yuri

Man are your views skewed! You really need to fact check before you post. There are so many assumptions and down right lies in almost everything you've posted above.

You have to realize that the kidnapping did not take place in Japan, it took place in the States where the laws are binding to everyone on US soil (citizen or not). Regardless of what the father's nationality, culture,or race is, he has every right to see his kids until the mother can prove in the court of law that he is unfit or abusive. Until then, she cannot just get up and leave, and not provide visitation rights to the kid(s)...this is by definition parental kidnapping (see below). If she was being abused, then it would have been a very simple win in court if she can prove it, and she might have gotten full custody.

Parental Kidnapping definition:

In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child.
3

Mirai HayashiDec. 27, 2011 - 10:59AM JST

BTW (sorry for off topic mods, but she really needs to be educated)....Okinawa became 沖縄県 (Okinawa prefecture -ie part of Japan) in 1872. That means unless you were born before 1872, you cannot say you are NOT Japanese. Sure there was a period shortly after WWII when Okinawa was under US occupation and administration, but it was still Japan and administration was reinstated back to Japan in 1972. So if you were born between 1945 and 1971, you might argue that you are not Japanese, but it would be an extremely weak argument.

Definition of Japanese:

Japanese refers to anyone or anything that originates in Japan, an island country in East Asia. Used as a noun, it may also refer to naturalized citizens of Japan, Japanese emigrants and their descendants around the world, or the ethnic group that identifies with Japan through culture or ancestry.
5

theturnkeyDec. 27, 2011 - 11:05AM JST

Congrats to Nicaraguan. I applaud and respect your courage and commitment. I wish you and your daughter all the best. Hope your ex Emiko recovers and can realize how fortunate she is.
-4

cristoba1@aol.comDec. 27, 2011 - 12:04PM JST

I don't think the father signed the agreement through court just when he was allowed visitation with the child so that probably complicated the mother just when he was supposed to see the child. On the weekend, once a month in the summer...when? He is from Nicaragua, a different culture than Japan or US.
Where is common sense here?

Moderator: You are posting way too many messages on this thread. Please do not be obsessed with this topic.
2

lostrune2Dec. 27, 2011 - 12:21PM JST

Then again I know women whose American husband has left her and the children in Japan. They do nothing for them and are not held responsible.

Because Japan has not signed the Hague Convention.

If Japan is a Hague signee and a Japanese court decides that the American husband has to pay child-support, then the U.S. justice system, that is already a Hague signee, would be legally-bound to follow-through on that court order and deduct child-support money off the American husband's income.

The Hague Convention works both ways. It's supposed to protect children for both sides. So if you're afraid for Japanese children, then have Japan sign the Convention. Otherwise, Japanese children won't be protected when it happens to them.
-5

YuriOtaniDec. 27, 2011 - 12:22PM JST

2020hindsights, Japan will not be forced to sign the treaty. Again this is a lesson to other Japanese mothers. If you do the same as Emiko never return to America. Send your green card back to them covered in excrement. Stay at home in Japan and stay safe. That is the lesson of this story.
2

YubaruDec. 27, 2011 - 12:49PM JST

Japan will not be forced to sign the treaty. Again this is a lesson to other Japanese mothers.

Yuri too late, Japan has already officially agreed in principle to the treaty
-1

YubaruDec. 27, 2011 - 12:51PM JST

These are the Japanese Laws regarding what happens to children after a divorce. Japan only recognizes joint custody while the parents are married. Once divorced and things change.

After divorce, and in cases of children born out of wedlock, Articles 818 and 819 of the Japanese Civil Code clearly does not allow joint custody. The following translations of Japanese law are from “The Civil Code of Japan” published by Eibun-Horei-Sha, 2001, as the official translation of the Ministry of Justice.

A. (Article 818, Paragraph 3) While father and mother are in matrimonial relation, they jointly exercise the parental power.

B. (Article 819 Paragraph 1) If father and mother have effected divorce by agreement, they shall determine one of them to have the parental power by agreement.

C. (Article 819 Paragraph 2) In cases of judicial divorce the Court shall determine father or mother to have the parental power.

D. (Article 819 Paragraph 3) If the father and mother have effected divorce before the birth of a child, the parental power is exercised by the mother. However the father and mother may determine the father to have parental power by agreement after the birth of a child.

E. (Article 819 Paragraph 4) The parental power over a child recognized by its father shall be exercised by its father, if and only if the father and the mother determine the father to have the parental power by their agreement.

These Articles show that although Japanese Civil Law recognizes the concept of joint custody, it is only permitted during marriage. After a divorce, or when a child is born out of wedlock, legal custody must be awarded to a single parent. In the case of a birth out of wedlock, it is automatically awarded to the mother, without any kind of court or other legal procedure being necessary.

Despite this, due to the desire for shared custody by Japanese citizens, government websites, such as the one in Okayama City have statements such as, “We will not accept applications for joint child custody between mother and father after a divorce.” (* See footnote.)

Although joint custody has been deemed the solution most beneficial to children in a number of countries, Japan rejects it, even when separated parents desire it.

Of course, when one parent is non-Japanese, shared custody also requires the legal ability to live and work in Japan.
3

YubaruDec. 27, 2011 - 01:04PM JST

Because of her child born in USA she felt compelled to re-register. Not necessary means she wants the piece of cake too as Garcia and some of you put it.

This makes absolutely no sense at all, her child was in Japan at the time, being born in the states had nothing to do with her attempt at renewing her Green Card.
0

2020hindsightsDec. 27, 2011 - 02:00PM JST

Yuri

2020hindsights, Japan will not be forced to sign the treaty.

No, not forced. But I agree with what you said: it would be a good idea if Japan did sign the Hague Treaty.

cristoba

Apparently her passport had been confiscated or not allow to use it.

Not true.

-----------in fact far from it. Once immigrants get citizenship they often sponsor family members and his being a doctor would likely make it easy for him to do so. -----------

Could this be why the father wanted his US born daughter back?

No.
4

the_sicilianDec. 27, 2011 - 02:30PM JST

I thought it was very brave for the father to come on here and explain in detail that most of us really do not need to know. But he did and I say bravo for that.

But some of the comments, mostly from two posters, really paints a true hatred for non-Japanese men. And that is too bad some people have all this hate inside for whatever reason. This story, and this poor man's plight to get his child back is something that should be looked at as having a good ending.
0

VicMOsakaDec. 27, 2011 - 02:37PM JST

Now that we have heard the Nicaraguan father's story, I would like to hear what the ex Japanese wife has to say. By the way, where was the young girl born ? Japan or USA.
1

Piltdown ManDec. 27, 2011 - 02:42PM JST

Dr. Garcia, As @Nicky Washida already so aptly said:

Please just ignore the negative comments here - many many people have their own personal axe to grind and are grinding them against you and your situation.

Karina is very fortunate to have you back in her life, and people in the US are likewise very fortunate that you chose to live and save lives there. Accordingly, I find it shameful and sad the amount of disregard some posting here show for the value of a little girl’s access to two loving parents.

I know some non-Japanese people who have lost children to a Japanese spouse, and still many more (men and women) who live in fear that the children may be abducted at the whim of a Japanese spouse who is all too aware that the Japanese foreign ministry and court system will automatically side with a Japanese national, even one wanted by the FBI or Interpol. Your case has given all people under such circumstances a sliver of hope.

I wish you and your daughter all the best on the still difficult journey ahead.
1

YubaruDec. 27, 2011 - 03:57PM JST

I agree that it would be nice to hear the Mom's side of the story. Everyone has been pretty much biased one way or the other, however as with any story there are always 2 sides, his side, her side, and the what actually happened side.

Sometimes two out of three are the same, but often times due to perceptions and one's own opinions versions often times diverge.
1

lostrune2Dec. 27, 2011 - 04:07PM JST

BTW, there are also Japanese parents whose children were abducted from them by their spouses to foreign countries but couldn't get them back because Japan or both countries are not signatories to the Hague Convention, particularly to China, South Asia, or Africa.

Or the story here of Mio Watanabe's daughter who was abducted, ironically enough, to America:

http://www.asahi.com/english/TKY201105240121.html

Since Japan is not a Hague signee, Japan cannot force the US court system to prosecute the case.

Again this is a lesson to other Japanese mothers. If you do the same as Emiko never return to America. Send your green card back to them covered in excrement. Stay at home in Japan and stay safe. That is the lesson of this story.

Then stop complaining when foreign husbands leave Japanese wives and their children in the lurch.

Plight? May be for himself but he taxed the daughter and mother who suffered greatly during his ordeal to get his US citizen daughter back.

The mother taxed the daughter with possible years of litigation by taking her away in the first place against the law where they lived. The mother obviously didn't think things through. This whole issue could've been settled conveniently in America, the only home the daughter has ever known at that point. By removing her from her home abruptly, the mother taxed the daughter even more.
-1

It"S MEDec. 27, 2011 - 04:16PM JST

Agree with lostrune2.

Germany, Brazil, etc are signatories to the Hague convention but have done nothing to implement it. Thus they have many disputes ongoing.

Putting signature to paper alone don't mean much as with most conventions they cannot be enforced by the governing bodies. More of a good-will gesture at the most.
1

yabitsDec. 27, 2011 - 11:25PM JST

Suppose I support her because she is the "underdog".

With the odds of any foreign national winning a joint custody battle in a Japanese court system being close to ZERO, the true underdog in this case is/was Dr. Garcia. It is to him that the second greatest injustice was done, the first being to his daughter.

Calling the mother the "underdog" is a bit like calling a bank-robber the underdog because the odds are in the bank's favor that he won't get away with it. By showing utter contempt for U.S. laws and then coming to Hawaii to renew her green card, the mother is like the bank robber who goes back to the very same bank to open a deposit for his takings.

Now the non Japanese men are crowing and strutting on the manure pile. ..Send your green card back to them covered in excrement.

The scatological references reveal a very small and pathetic point of view, and are an extremely poor defense of the woman's position. They also serve to reinforce the conclusion that genuine justice has been achieved in this case.
-4

YuriOtaniDec. 28, 2011 - 12:06AM JST

yabits, this has been only a single case. A very rich American who used his wealth and influence to in prison his ex wife and hold her hostage until the child was returned. What worries me is there have been no statements from her. Is she being kept quiet under an restraining order? Spent a lot of time on the net and watching TV and there was almost nothing. Also what bothers me is nobody is speaking for her and only him. " Boyle said Inoue would spend the night at a hotel with her mother, then stay in the area with a friend. She said it "could be a period of time" before Inoue gets to have direct contact with her daughter." Well there you have it, might makes right.
5

yabitsDec. 28, 2011 - 12:30AM JST

A very rich American who used his wealth and influence to in prison his ex wife and hold her hostage

That is ludicrous. Once the woman broke U.S. child abduction laws, it was all her doing.

What worries me is there have been no statements from her.

Her irrational and often-vile defenders have heavily influenced me to have almost zero sympathy for her.

Well there you have it, might makes right.

When you break the law to the point of hurting a child by almost completely denying parental access to a father, there can't be enough "might" to make things right. That Dr. Garcia is willing to enable his vindictive ex-wife to have liberal contact in the future -- far more than his ex-wife allowed him while she had the daughter -- speaks highly to his character.
-4

cristoba1@aol.comDec. 28, 2011 - 02:31AM JST

A wealthy man will pay child support and alimony without a fight and have no problem with international trips for the daughter for parental visits. Except this mother was raising the daughter on her own without the support from her ex.

And for a wealthy man, 350,000 US dollar doesn't mean much. It's peanuts.
0

darknutsDec. 28, 2011 - 03:29AM JST

@ stanley52

In Mr. Savoe's case, he was arrested and detained and then released. Japanese prosecutors did not indict him, so what he did is not punishable under the law either. Kidnapping is a very serious offence in Japan and not to be taken lightly. Thanks anyway.

Yes, arrested, detained and conveniently released after the children were returned to the mother and he promised not to try to take them again. If it wasn't illegal he never should have been stopped to begin with. Why would the police hold him for three weeks and then make him promise not to do something that was perfectly legal? Savoe was released as part of a deal not to take his children because Japan did not want to face the negative publicity of putting him in jail. You also have not visited the link i posted or read the article or read the law excerpt that is at the bottom or we would not be having this discussion. Thanks anyway...
0
tkoind2Dec. 28, 2011 - 09:26AM JST
Dear Japanese Government,

You really have two choices here. 1. You can be an international nation economically, politically, socially and otherwise. Which means you must adhere to international laws and standards and you must compromise some of your isolationistic views in order to accommodate participation in the global community.

or.
1. You can close your borders and go back to isolationism.
If Japan wants equal treatment and protection internationally for her people and interests, she must return the same. Protection of foreigner's human rights in Japan must improve. Or Japan will continue to drop as a destination for international business.
2

yabitsDec. 28, 2011 - 09:54AM JST

Dr. Garcia, I hope you are still reading this board. Others may have advised you to be cautious on the type of visitation your ex-wife can be allowed with Karina. After reading all of the irrational, unfounded, and hate-filled smears against you, I would like to add my voice to those advising caution.

You must be very mindful of and prepare for the worst case scenario: It is not all that unheard of for a Japanese mother to plan an act of suicide and take her child (or children) with her. Your ex-wife must mentally prepare for and accept the prospect of a life without the ability to raise your daughter where she prefers to raise her. I believe it extremely likely that the months in prison have fostered a bitterness and desire for revenge in her that simply must not be counted out.

Left to your ex-wife's devices, I have a terrible feeling of foreboding about Karina's safety. I hope you understand where I am coming from, and give careful attention to the role of suicide-murder in Japanese society. More than anything, I hope my feelings of concern about this will prove to be ill-founded.
0

Piltdown ManDec. 28, 2011 - 12:05PM JST

What @yabits wrote in his/her post is haunting, but I gave it a thumbs up to express my complete agreement.

Over my years here I have known a number of people who have taken their own lives (but fortunately have not taken the lives of others in the process). Tragically, murder/suicide in such cases involving family members seems to be a valid exit strategy, and even a revered and romanticized act. If, god forbid, that were to happen, the media here would portray her as the noble martyr.

I hate to add to your long list of worries, and as @yabits said: More than anything, I hope my feelings of concern about this will prove to be ill-founded.
1

VicMOsakaDec. 28, 2011 - 01:07PM JST

Check out the happy reunion, child and Dr.Garcia.

http://headlines.yahoo.co.jp/videonews/ann?a=20111225-00000000-ann-int
-1

VicMOsakaDec. 28, 2011 - 02:05PM JST

I just can't believe that Dr.Garcia was so willing to have the ex wife languish in prison so that he could get his own way. Dr.Garcia now has a new wife and child. Why can't he realise that it would be best for the child to be with it's natural mother in Japan instead of the child being forced to live with people she does not know.
0

tkoind2Dec. 28, 2011 - 02:07PM JST

It seems quite obvious that if the courts in the US ruled in favor of one parent over the other, that the evidence suggested that the selected parent was in a better position to care for the child. When the Japanese parent then flees with the child, it is also an indicator that the child's best interests are not being considered.

I think nearly all rational people would agree that the best case scenario is for both parents to have access to the child and for them to have the benefit of love and care by both.

The bottom line here is that these women are kidnapping children and robbing them of the other parent. A person who does that should be seen negatively. If there is a legitimate problem with a husband or wife, the courts are there to resolve this issue in most countries. So why do these women elect to run to Japan instead? The answer is simple, because the government here will back their side of the story regardless of whether it is justified and true or not.
0

cristoba1@aol.comDec. 28, 2011 - 02:18PM JST

greet, not greed.
-1

YubaruDec. 28, 2011 - 02:18PM JST

cristoba...do you know what assume means? Not literally mind you. You really do need to take the Moderators advice on this thread.
-2

VicMOsakaDec. 28, 2011 - 02:43PM JST

tkoind2, So why do these women elect to run to Japan instead? The answer is simple, because the government here will back their side of the story regardless of whether it is justified and true or not.

Quite simply, they run back to Japan because it is their home country, just like any normal person would do in such a situation. What would be the point of the Japanese woman staying in the USA unless she had other ties to the country.
0

Piltdown ManDec. 28, 2011 - 02:53PM JST

they run back to Japan because it is their home country, just like any normal person would do in such a situation. What would be the point of the Japanese woman staying in the USA unless she had other ties to the country.

Have to disagree with you there @VicMOsaka.

Following divorce, a 'normal' selfless parent would put priority on the best interests of the child, and therefore would stay in the country where the divorce took place (whether that be USA, Japan, or otherwise) so that the child could have ongoing access to two nurturing parents.

There are, in fact, many non-Japanese parents divorced from a Japanese spouse currently living in Japan for that reason, and that reason only. Once you have children, the rules of life change. The needs of the child trump the needs of the parent. That simple.
1

presto345Dec. 28, 2011 - 06:31PM JST

Check out this interview: http://www.rachijapan.com/interview-with-father-of-karina-garcia/
-3

VicMOsakaDec. 28, 2011 - 08:42PM JST

Piltdown Man, Following divorce, a 'normal' selfless parent would put priority on the best interests of the child, and therefore would stay in the country where the divorce took place (whether that be USA, Japan, or otherwise) so that the child could have ongoing access to two nurturing parents.

A normal selfless parent who has married again with a new family wouldn't take a child away from it's natural mother. It is hardly in the best interests for the child to be brought up with strangers while her true mother suffers. I don't see the Japanese mother rushing off to get married again so quickly. It is most likely that a Japanese mother would bring up a child in a single state. Again, no one has heard the Japanese mother's voice over this matter yet.
0

Nicky WashidaDec. 28, 2011 - 08:59PM JST

Dr.Garcia now has a new wife and child. Why can't he realise that it would be best for the child to be with it's natural mother in Japan

By this I am guessing you mean give up on the child and move on and have a new life with the new child? As any (loving) parent of more than one child will testify - you dont stop loving the first one just because you have a second. In addition, I think Dr Garcia (if I may Dr Garcia?) already realises the childs natural mother is important. The issue here is that the father is important too. Stay with Mother= never see father. Stay with Father=see both. Seems like a no-brainer to me.

I dont get the impression that it is going to happen for a second, but even if the Mother WERE denied access to the child for a few years, well, she would get a taste of her own medicine quite frankly. But it seems to me that Dr Garcia has more intergrity than that, and knows that this is not in Karinas best interests - which is far more than I can say for her Mother.

@Piltdown man - thank you for the note of agreement!

@Yabits - thank you for being brave enough to raise such a delicate concern, and to put it so sensitively, which also crossed my mind but I had no idea how to word it. I am with you in sincerely hoping that this never ever happens, but it is definitely something that should be acknowledged. It happened in my very apartment building not even 2 months ago.
-5

presto345Dec. 28, 2011 - 10:30PM JST

Dr. Garcia is extremely lucky to have his prized possession, his daughter Karina, back with him. Whether the 9-year old girl is equally lucky is something we won't know for some time to come. To protect herself she will try to do anything to get people to like her in her new environment. What we do know is that the mother, who was locked away in prison as a criminal for 8 months has not been very lucky. Why? Because the law says so. An arbitrary set of rules written down in books meant to protect society. In the same category as thieves, robbers, murderers, you name it, the woman was shackled and robbed of her freedom. Robbed of the right to be with the girl she gave birth to. Why? Because the law says so. Who wrote these laws? You figure it out. Those on your side of the fence, ignoring all those on the other side. This comment is not meant to provoke anyone or doubt the need for laws to protect children or the right of parents to be with their children. However vindictive rules that punish a parent for trying to do the best, in his/her opinion for a child are medieval. Imagine also what this imprisonment did to not only the mother, but to the child. She will never forget that and when she grows older wonder why that had to happen. Will she be impressed that her father spent a fortune to have her by his side? Will she wonder how her grandparents in Japan felt? Will she ever understand what the right course of action would have been? If she turns out to have a strong mind she may survive the acrimonious divorce and resulting separation.

*To explain my interest: I know this European man who married a Japanese woman. They had a girl. Stayed together for 13 years until their divorce when the girl was 5. The man had gone to Europe to set up a new life for the three, but came back to Japan to be given custody of the girl in agreement with the mother. He never returned to Europe and it's been more than 30 years. This is to show separations can be solved amicably, but still there will always be pain. * I agree Japan needs to sign The Hague Treaty.
-4

YuriOtaniDec. 29, 2011 - 02:23AM JST

presto345, Well I have posted my dislike of American tactics. American law is always right, other countries laws are not right. The demanding of Japan to adopt the treaty makes many people against it. Americans are demanding change of family laws in Japan. They demand change of automotive regulations. The government in Tokyo needs to devolve a spine. So my last word is my hope that Dr Garcia and family prospers, that they have good health and fortune during this upcoming year. That Miss Inoue be able to visit her daughter and be allowed to return home. Being broke and alone in a foreign country has to be stressful. Peace be with all of gentle readers.
0

malfupeteDec. 29, 2011 - 06:32AM JST

I always find it amusing (and distressing!) when the Japanese courts throw out any decision by a foreign court regarding the issue of custody. It happens almost every time when something like this goes on..
-2

nec123aDec. 29, 2011 - 07:11AM JST

hmmm no. Most here fully support the father. The mother kidnapped a child - she has been punished appropriately... and is still to get visitation. Lucky girl getting out of Japan so early... I made the same decision for my son.... Just so lucky!
1

Nicky WashidaDec. 29, 2011 - 08:29AM JST

However vindictive rules that punish a parent for trying to do the best, in his/her opinion for a child are medieval.

Your argument just doesnt hold up. There are laws to prevent parents from doing what they "think is best" and beating up their children to teach them discipline. Are those laws archaic too? They are also punishing a parent for doing what they think is best for their child.

Perhaps in Emis opinion she was doing what was best for the child. Those child abusers who beat up their kids use the same argument too. That is why the laws exist - to step in and protect the weak and vulnerable, sometimes even from other peoples "good intentions". Japan may not value the importance of both parents in a childs life (no one has still yet been able to explain to me why that is a good thing) but other developed countries DO recognise it. Had she stayed in the US and had access to BOtH parents, none of this would have happened. Ths US - unlike Japan - would have made sure Dr Garcia paid enough alimony to keep them comfortable.

However - I CAN understand Emis reluctance to raise her daughter alone in a country she is not so familiar with. God knows, I have been there myself. But then, instead of kidnapping, how about working something out with her father so that she can see him anytime she or he wants to, use skype, go to the US for holidays, etc etc? If you want to talk about vindictive - why be so vindictive as to spirit the child away from a father who loves her?

And even then - even if she DID then kidnap the child back to Japan - why not let him see the child when he comes to Japan? Why not let him speak to her on the phone? Set up SKYPE for her? Maybe even eventually let her travel to the US on holiday - or bring her there herself?

Because for whatever reason (perhaps simply being raised Japanese?) at worst she is lashing out at him and using the child to do it, at best she seems to be under the impression that a father is not important to a child. Well, shes wrong. Thats my opinion, most reasonable peoples opinions on here, psychologists opinions, medical opinions, social workers opinions, and yes, as it turns out, the states opinion too. Who do you think is wrong here? All those people, laymen and experts, or Emi Inoue?

She went to prison, not because the system is vindictive, but because she broke the law. And frankly, lucky that she was caught. He would almost certainly never have seen his daughter again had she not been. It didnt have to be this way but SHE made it so, not him.
-3

cristoba1@aol.comDec. 29, 2011 - 08:52AM JST

-----------The mother kidnapped a child - she has been punished appropriately... and is still to get visitation. Lucky girl getting out of Japan so early... I made the same decision for my son.... Just so lucky!-----------

The mother fled more likely for unfairness verdict by the court and being kicked out of home with nothing to support herself. You won't be lucky very long. I don't know how old your son was when you took him away from the mother. For 9 year old, she will clearly remember what was done to her by her father and his entourages. Since she is now forced to live with the father, she will probably block out everything to protect herself, but she will never forget and be hurt for rest of her life. This will have impact on her life. If you guys cannot see this we failed you as human beings raising another human being.
1

2020hindsightsDec. 29, 2011 - 09:38AM JST

American law is always right, other countries laws are not right.

Not so. American law when you live in America, other countries law when you live in those countries. That's how the world works.

The demanding of Japan to adopt the treaty makes many people against it.

Not a good reason.

Americans are demanding change of family laws in Japan.

No they are not. The world (not the US) is suggesting Japan adopt the treaty which you yourself suggested is a good thing. The thing about global treaties is that they only work if all countries cooperate and adopt it. Why should Japan adopt the treaty? I quote you next as you have answered this:

YuriOtani: What needs to happen is an agreement between America and Japan on who decides the issue of which parent gets to raise the child.
-5

YuriOtaniDec. 29, 2011 - 10:52AM JST

2020hindsights. her mistake was not sending back her green card and returning to America. The way I see it her residence returned to Japan. The treaty mentions "removal or retention", so my interpretation is if the couple is is Japan and the split happens. The father returns to America and a American awards custody, Japan would have to send the child or children to America. Remember English is my 3rd language, so legal talk is over my head.
0

It"S MEDec. 29, 2011 - 10:59AM JST

Yuri.

English is also my 3rd language(can speak 7 and a few rare dialects) don't sell yourself short.

No court will award custody solely based on a parents citizenship(realistically).

The ruling and current situation is what it is and things will develop from here onwards. Good or bad no-one can tell, neither can anyone tell what the future would have been if things worked out different.
0

It"S MEDec. 29, 2011 - 11:04AM JST

Forgot to add.

I know of quiet a few other cases where kids got returned to overseas parents but neither party didn't want the limelight and thus they aren't known in the media.

Not all cases play out in the media for us to criticise one or the other party. True/real parents will protect their kids from that exposure, hence why trusting in many organisations might NOT be in the best interest of all concerned.
0

Nicky WashidaDec. 29, 2011 - 01:26PM JST

Yuri - I dont think your English is in question here, I think you are simply wrong about the treaty. It very clearly states that a child removed from its habitual place of residence will be returned to that place of residence. In the example you gave, that place would be Japan, assuming the child was kidnapped to the US. Furthermore, nowhere in the treaty does it say that American law takes precendent over another countries law - you made that bit up too. In fact, in your example, the American courts following the treaty would likely say that the child should remain in Japan.

Finally, in the case of this actual situation - the child was removed from her habitual place of residence (the US), thereby breaking the treaty that the US had signed up to, but Japan as yet has not (and even if it does, still has to actually implement). The US courts, following the treaty, ruled she should be returned to the US. It is not bias, racism, or anything else - just the law correctly applied as per the Hague convention. Not exactly rocket science.

Of course, none of this would be an issue at all if parents actually acted like adults and worked out what was best for the child between them without any of this kidnapping he-said she-said nonsense. But I guess we dont live in an ideal world for that!
-3

cristoba1@aol.comDec. 29, 2011 - 02:37PM JST

Anybody that abuses the law by providing a person of interest a fake passport to leave a country with a child so you can catch her later in Hawaii to imprison her is not something anybody should feel proud of. This is a work of con. The ex-husband got away with a murder. It gave him child and alimony free period throughout and court decision in favor of him only. This case needs to be investigated. Not mother's fault, they knew she would want to leave, she was tricked into by the people she trusted for legal advise.
0

2020hindsightsDec. 29, 2011 - 02:53PM JST

Anybody that abuses the law by providing a person of interest a fake passport to leave a country with a child so you can catch her later in Hawaii to imprison her is not something anybody should feel proud of. This is a work of con. The ex-husband got away with a murder. It gave him child and alimony free period throughout and court decision in favor of him only. This case needs to be investigated. Not mother's fault, they knew she would want to leave, she was tricked into by the people she trusted for legal advise.

Ha ha, very funny. This has to be a wind up. Thanks for the laugh.
0

Piltdown ManDec. 29, 2011 - 02:57PM JST

My interpretation is if the couple is in Japan and the split happens then if the father returns to America and American [courts] award custody, Japan would have to send the child or children to America.

@YuriOtani Nope. That interpretation is wrong (as Nicky already noted).

A child removed from its habitual place of residence will be returned to that place of residence.

I know personally of two cases where a non-Japanese parent living in Japan, like Emi, abducted their children to their home country. Just hopped on a plane kids in tow, and left Japan.

In both cases the non-Japanese parent didn't want to live in Japan anymore and was planning to cut off contact with the Japanese parent. Those parents came from Hague signatory nations, though, and so authorities in their home countries demanded that they return the children to Japan (even though Japan has not ratified the Hague Convention). Those parents are now living in Japan so that they can be in their children's lives.

The Hague Convention rule that "a child removed from his/her habitual place of residence is to be returned to that place of residence" applies equally to citizens of all nations and is implemented with the welfare of the child in mind.
-2

Piltdown ManDec. 29, 2011 - 03:01PM JST

Yuri, I am sure that in those cases (where a non-Japanese parent attempted to abduct a child from Japan) you must support the decision of the non-Japanese courts to return the abducted children back to Japan. Am I right in assuming that?

If so, how can you not support the return of Karina in this case? Emiko Inoue's abduction of Karina and her attempts to alienate Karina from her father are exactly the same thing, except the abduction was to Japan rather than from Japan. Do you think that Japan should have a special exemption? Do you not think a child should have access to both parents? I'm really having a hard time understanding the Japanese government's position on this.
-8

YuriOtaniDec. 30, 2011 - 12:21AM JST

Oh it has to do with the definitions of the Hague Treaty. "habitual place of residence", seems to be a difficult concept for me to understand. I suppose an American could argue that Japan was not their habitual place of residence but a place their are living. Their intentions were always to live in America. I do not view her returning to Japan with her daughter as "abduction" since she had custody only breaking the ruling of a Judge in America. What she did was not illegal in Japan. So why do I side with her? Well remember my background so it my natural my initial reaction went to her. Now I am not so sure not having seen the evidence. Then again he spent a lot of money on lawyers. That in itself is not necessary a bad thing. So now I am sort of neutral, the American court has ruled and he has custody. She spent 8 months in an American jail. The Lord only know how bad the treatment she received by the guards and other inmates. So now the best she can hope for is to return to Japan. As God is my witness I believe she will not be allowed to visit her daughter. This story will drop off line and we will never know. So you have this rich American doctor who has won and a poor Japanese women who has lost everything. Why do you want to see this women tortured?
-2

UncleBudahDec. 30, 2011 - 12:51AM JST

Take that Japan!

now you can complain against North Korea!
0

Mirai HayashiDec. 30, 2011 - 01:44AM JST

@Yuri

Ayayay! Where to start...where to start...

I do not view her returning to Japan with her daughter as "abduction" since she had custody only breaking the ruling of a Judge in America.

Hence she broke the law. If she didn't agree with the ruling she could have gone to a higher court, but until then, she is obligated to obey the ruling. Just because she is not a citizen does not give her the right to break the laws of the country that she resided in....this is common sense 101...take a class in it and learn!

What she did was not illegal in Japan

Completely irrelevant, she was in the States when she unlawfully took the kid, hence she broke the law. If I cam over to your house and peed on your rug and then told you that its okay because its legal in my country, does that make it okay?...no.

The Lord only know how bad the treatment she received by the guards and other inmates. So now the best she can hope for is to return to Japan. As God is my witness I believe she will not be allowed to visit her daughter. This story will drop off line and we will never know. So you have this rich American doctor who has won and a poor Japanese women who has lost everything. Why do you want to see this women tortured?

Assumptions! assumptions! assumptions! and no facts or proof. Your putting too much of yourself and your personal experiences in this that it makes no sense and had absolutely no relevance to this case. The REAL fact of the matter is, she broke the law on US soil. The US courts ruled that she broke the law, so she did time until she agreed to return the child. The courts ruled that the father gets custody (probably because she broke the law). If she had gone through proper channels, she probably had a good change of winning full custody, but in the eyes of the US justice system AND now the Japanese Justice system, she is a criminal so the kid gets to stay with her father

the end
-5

YuriOtaniDec. 30, 2011 - 02:42AM JST

Mirai Hayashi, you should develop some compassion. She spent 8 months in jail for her crime. I visited Wisconsin and it is a horrible place. A lot of people called me a censored. She has been sentence to 3 years there, how will she live? her friend will tire of her, so where will she live? If her residence status ends she will be an "illegal" alien. No state or local judge can order the state department to renew her visa. As I said the father "won" and will have custody until she is 18. I have seen a number of these cases in my time. My experience counts, I do not believe in the American political correctness that demands a person shed their lives experiences when evaluating something. I see the custody issued settled and the only question left is will Emiko be allowed to have some dignity during her time in America?
2

Mirai HayashiDec. 30, 2011 - 02:57AM JST

you should develop some compassion. She spent 8 months in jail for her crime.

Why should I have compassion for her? Because she's Japanese? Because she's a woman? I have no reason, because I have absolutely no emotional attachment or empathy towards her. I see the facts, and make my judgement based on that. She kidnapped her child and denied the father the lawful right to see her for four fricken years!!! If anything I have compassion for the child to have to be caught in the middle of this crap. He father gets my compassion for not being able to see his daughter. She gest ZERO, DONUT compassion from me. She broke the law and she did the time...hopefully she learned from her mistakes so she doesn't put her kid through hell again.
-1

YuriOtaniDec. 30, 2011 - 03:15AM JST

Mirai Hayashi, well I have compassion for her as a person. I have seen a lot of UGLY divorce cases between American and Okinawa people. Sometimes the women deny the father any visitation rights at all. There are some really mean ex wife's in Japan. Ick! I know a few and they scare me! A lot of times the father of the children just leaves and does not come back. They do not contribute to the support and welfare of the children. Sometimes they want to help and the women rejects it. Sometimes the couple manages to talk to each other and they do what is best for the child. I do salute the father for taking interest in the daughter and never giving up. It shows strong moral courage. A lot of men would of given up. Again, the legal issue is settled and now there is only the question of Eimiko's welfare. The court should let her go home. While she is a convicted criminal, she has paid her misdeeds by doing 8 months in jail. "Blessed are the compassionate, for they shall receive compassion." Matthew 5:7
0

tmarieDec. 30, 2011 - 06:08AM JST

Yuri, do you have this much compassion for foreigners who break the law in Japan?! For some reason I doubt it. You're also forgetting that she didn't follow the ruling band down by the courts here giving acess to the child. So not only was she breaking the law in the us, she wasn't following court orders in Japan.

And I've been to places like Fukui. Horrible places but that certainly wouldn't excuse me for breaking Japanese laws. Sad that some people seem to think certain people are above the laws I. Foreign countries and give their country a bad rep. Mind you, that rep is often deserved and the stigma that j moms kidnap their kids well deserved and well know.
-3

YuriOtaniDec. 30, 2011 - 07:08AM JST

tmarie, am from Okinawa and not Japanese. Oh there are a lot of times in which Americans do something stupid offbase. A lot of times the Japanese Police do not think it is so important. Like the drunk marine walking down the street naked. The JP dropped him off at the gate, clothed but his commander had him busted to E1. Thought it was funny myself... No I am soft on individual people but hard on "groups". What we must remember is she is a women and mom first and happens to be from Japan. The divorce story is about a man and a women and none of us know the details. As I said the story is over with the exception of her. From the Kansas City Star 12/24/11 "She said it "could be a period of time" before Inoue gets to have direct contact with her daughter. (her lawyer Bridget Boyle). "Inoue cannot leave the country without a judge's permission. James Sakar, an attorney for Moises Garcia said Inoue will have every opportunity to seek visitation arrangements or legal custody changes in family court." Tell me where you see visitation? It should be so easy for them to block all contact. All he has to do is bring up the "abduction" and he makes his case. So to sum it up a happy ending and a sad ending. Maybe she can see her daughter in 9 years.
-1

tmarieDec. 30, 2011 - 07:18AM JST

Again yuri, you're Japanese. Like it or not, you're passports states you're Japanese.no one cares what nationality she is - nor her gender. What people care about us that a child was kidnapped.

A foreigner arrested in Japan is told not to leave the country. Would you be okay with them fleeing?! Better yet, fleeing with a child they don't have legal custody of?! Your view on this saddens me. You really have zero respect for the laws outside of Japan - even though you go on and on about not being Japanese. - and don't seem to understand why this is a huge problem. It is mind sets like yours that hurt innocent children and ex spouses, regardless of passport and gender.
-2

tmarieDec. 30, 2011 - 07:19AM JST

And yes, you don't know the details so perhaps you could stop with the wild assumptions you seem fond of making?!
0

Nicky WashidaDec. 30, 2011 - 09:21AM JST

What we must remember is she is a women and mom first and happens to be from Japan.

Im not an American so please any Americans here correct me if I am wrong, but my impression is that American law doesnt apply to "all citizens except women and mothers".

Yuri - Im curious.

Im British and my husband is Japanese. We dont want to be married anymore. We have filed for divorce in Japan - this is where we were married. They have said I can have custody of the children, and my husband should be allowed to see them whenever he wants.

But I dont like it here in Japan. I am finding it hard being single here and raising the children alone. So I have decided, I am going to kidnap my kids back to the UK, and I want them to forget they ever had a father, are half Japanese, and ever had a life here. My family are going to help me raise them back in the UK. I have no intention of ever allowing their Japanese father to ever have contact with them again.

Is that ok with you?
0

2020hindsightsDec. 30, 2011 - 09:36AM JST

Yuri

From the Kansas City Star 12/24/11 "She said it "could be a period of time" before Inoue gets to have direct contact with her daughter. (her lawyer Bridget Boyle). "Inoue cannot leave the country without a judge's permission.

Inoue agreed to stay in the US for 3 years as part of her plea bargain.

James Sakar, an attorney for Moises Garcia said Inoue will have every opportunity to seek visitation arrangements or legal custody changes in family court." Tell me where you see visitation?

I put it in bold for you.

It should be so easy for them to block all contact. All he has to do is bring up the "abduction" and he makes his case.

Yes, but he has said that he will allow visitation of Inoue and her grandparents. So it looks hopeful.

So to sum it up a happy ending and a sad ending.

Probably not a sad ending. However, it could have been a very sad ending for Garcia, who has done nothing wrong, if she hadn't come back to the US.
-1

YuriOtaniDec. 30, 2011 - 10:02AM JST

I showed my comments to my husband and he says my comments make it appear that I agree with her decision. She should not have taken her daughter back to Japan. It is my view she panicked and did something she might not of ordinary have done. Once it happened their was no going back. Found out her lawyer is her public defender. I am sure his lawyer is well paid and better. What motive does she have for her to see her kid? So my concern is what happens to her now. Will she have to pay the 375k in fines? Wonder if she will be put back in jail on 1/05/12 the next hearing? I found the court records online and it is not encouraging. I feel for her and pray she is allowed to go home and the ex husband not allowed to punish her through the court system.
0

NewsmanDec. 30, 2011 - 10:17AM JST

I wasted far too much of this beautiful morning reading all of the comments posted herein since I last posted. I had not realized the thunderstorm that was raging in the meantime.

May I just take a moment to address @Nicaraguan (presumably Dr. Garcia himself) and add my voice to the far-too small choir so far: Congratulations on your successful reunion with your daughter. So many times justice for all is nonexistent unless there are a committed few who are willing to sacrifice their time and money in order to push for real change. On behalf of everyone who might have otherwise felt wronged in a similar situation, I thank you.
0

Piltdown ManDec. 30, 2011 - 11:01AM JST

@YuriOtani, I admire your sincerity and willingness to consider both sides of this issue. Thank you for that.

Anyway, according to a KATU news broadcast today out of Portland, Oregon there are 374 cases of child abduction from the US to Japan, and an estimated 10,000 such cases worldwide (from respective countries to Japan). That broadcast featured another heart-wrenching case, that of the abduction from their home in Portland of Takoda and Tiana Weed by their Japanese mother Kiku Oda.

Here is the link: http://www.katu.com/news/local/Eight-years-later-man-still-searching-for-kidnapped-children-136373653.html?tab=video&c=y
0

2020hindsightsDec. 30, 2011 - 11:07AM JST

I showed my comments to my husband and he says my comments make it appear that I agree with her decision. She should not have taken her daughter back to Japan.

I certainly thought that, although I read an Japan vs America axe to grind in your comments. Glad to hear that it's not the case.

Certainly we don't know the motivations for her abduct her daughter - it may have been panic. But her actions afterwards of not allowing her ex-husband to see the child make it hard to sympathize with her.

What motive does she have for her to see her kid? So my concern is what happens to her now.

His motive would be because he wants his daughter to be happy.

I feel for her and pray she is allowed to go home and the ex husband not allowed to punish her through the court system.

From his comments, I would doubt that he would want to punish her.
-5

VicMOsakaDec. 30, 2011 - 11:12AM JST

Nicky Washida said-- But I dont like it here in Japan. I am finding it hard being single here and raising the children alone. So I have decided, I am going to kidnap my kids back to the UK, and I want them to forget they ever had a father, are half Japanese, and ever had a life here. My family are going to help me raise them back in the UK. I have no intention of ever allowing their Japanese father to ever have contact with them again.Is that ok with you?

You are the mother and your bond is much stronger than your husband's through carrying the children as part of you. Your ex husband should allow you to return to the UK with the children as it is difficult as you say, to live in Japan by yourself. He should be happy to know that the chidren will be brought up well. And, as for wanting kids to forget their father- it all depends on what the father was like and how he treated the family. Would you like your kids while they are young to share a life with a stepmother or girlfriend? Try to imagine your ex husband with a new family and being in charge of your kids and only allowing you limited access. Imagine that your ex also has no worries about you being put in jail and that you are forced to stay where you don't want to for 3 years. I'll say it again, Unless there is something terribly wrong with the Japanese mother, Dr.Garcia appears to be very selfish and vindictive against his former wife. If Dr Garcia had a heart, he would also try hard to allow his ex wife the freedom to travel between USA and Japan instead of forcing her to continually stay in USA for 3 years. Who is kidnapped now?
-2

tmarieDec. 30, 2011 - 11:30AM JST

Great example Nicky!

Yuri, perhaps your husban is. Ow wondering what type of women you are and maybe us wondering if you would steal hus kids from him.
-2

YuriOtaniDec. 30, 2011 - 12:17PM JST

tmarie, oh I could not image leaving him. We are a lot alike in some ways. Neither one of us fits the conventional wisdom pattern of our upbringing. Marriage is compromise and understanding, fairly tales and the ideal of the "perfect" marriage is destroying marriages. It would seem that the rich educated doctor and poor uneducated lady is a recipe for divorce. Oh to answer your question I would not.
-2

tmarieDec. 30, 2011 - 12:22PM JST

Yuri I hope yours never ends but some do. I doubt these two got married thinking it would end in divorce. I also doubt this man thought the woman would do such a thing - and I doubt she thought she would. But the marriage ended, she didn't like the ruling and well, look at what she did. I would hope you wouldn't do the same and you seem to understand it is wrong - as you said you wouldn't do it - but yet, you defend this woman and make such pretty disgusting assumptions about this man.

Why do you assume she not educated?! Because she's a Japanese woman? She must have some education to be traveling and workin abroad.
1

ambrosiaDec. 30, 2011 - 01:29PM JST

I'm finding it hard to follow your logic Yuri. First off, Wisconsin is 169, 639 k2, 46% of which is covered in forest. It's got multitudes of lakes, rivers, ponds and wildlife. Every single place in Wisconsin may not be beautiful but if you think it's a horrible place you've either never really been there, been to only one or two places or hate wildlife. Either way, not only is it a ridiculous assertion but it has absolutely nothing to do with the fact that the woman broke the law. Plain and simple.

I do have sympathy for her. One way or the other she's going to be paying for this for the rest of her life. But let's be clear on one thing - she put herself and her daughter in a bad situation by being stupid, impetuous and selfish. She caused these problems for herself, no one did it to her. It wasn't a no-turning back situation. At any point she might have come to her senses and tried to work something out. She chose not to.

And for all the contempt you seem to have for America and its legal system, let's remember that one highly charged case where American courts ruled that Elian Gonzalez should be sent back to his father in Cuba. Yes, American courts ruled that a Cuban child should be sent back to Cuba. It's extremely hard to imagine such a thing ever happening in Japan.
0

ambrosiaDec. 30, 2011 - 03:31PM JST

"I really thought he should have allowed to stay with families in Florida..."

Not sure what your rationale is for thinking that other than not believing children should be raised by their fathers.

"Haven't you made mistakes in your life?"

Of course I have and when I've made the mistakes I've taken the consequences that resulted from them. That's part of being an adult.

"Her issue was far serious than any of us can imagine, it involved her only daughter whose father decided to leave her and marry another woman."

Speak for yourself and don't assume you know anything about me or my life experiences.

"Won't you be cantankerous as you are now?"

Cantankerous? This coming from the person who's posted no fewer than 25 times on this very topic, usually with ridiculous assumptions and accusations. Do you even understand what cantankerous means because it describes most of your posts to a t? Add obsessive to that and you've got a picture of what other posters think of your interest in this topic as well as why the mods have told you to cool it.

"Too bad she was not helped properly with people she trusted for legal advise."

First off, the word is advice not advise. One's a noun and one's a verb. Second, how in the world would you know? Do you have a vested interest in this very topic or do you just enjoy stirring the pot? From here on out I think I'll take a cue from the posters who've wisely chosen to ignore you. Keep on tilting Mr. Quixote. Happy New Year. From the tone of your posts one can only hope 2012 is better for you than 2011 seems to have been. No one's that angry for no reason.
-2

Nicky WashidaDec. 30, 2011 - 04:56PM JST

ambrosia - excellent post. Very well said.
-4

Barbara RederDec. 30, 2011 - 10:00PM JST

Child life is destroyed... Now she is forced to learn english.. Forced to make new friends wont be able to see mom often.. Will mot be allowed to speak japanese.. Knowing the father he wont let momand daughter time due to the inncident will have the step mom around.. Who does not speak japanese... I would love to read an article with inoue side story but that wont happen because in the usa she is criminal and the father is hero and no one wants to hear her side stroy... Sad sad sad
-3

YuriOtaniDec. 31, 2011 - 12:38AM JST

tmarie, well I got one thing right. She had to resort to a public defender. While he is bragging about spending 350k. About education well it is all relevant. Japanese students learn about Japanese things. Like memorizing 1000 plus kanji letters and all of their possible meanings. They learn about Japanese law and customs. Marry someone from another country and everything changes. Family live you were brought up is different. Live outside of Japan and you do not know the laws or customs. Little things like garbage collection, still remember looking where to place the burnable and non burnable trash. Saw a man put a unsorted plastic sack of garbage into a can. Told my husband about the person next door's crime. He explained to me Americans do not sort the trash. Then there was the lady from the Jehovah witness, who I thought was collecting for America' s NHK. Back on subject, the man is wealthy, educated and expects to get what he wants. I have meet many people like him in my life. Also he is too slick, he writings too perfect. When I saw him on Fox the words and the man did not match. He tried to make people think he actually felt those things, but I saw otherwise. Something about him bothers me.
-3

YuriOtaniDec. 31, 2011 - 12:58AM JST

ambrosia, in America you need to have money to receive "justice". Look at all of the rich people getting off with little or no jail time while a poor person would do years. Like in family matters, he could afford the best legal help. While she needed public defender. The lawyer getting paid the big money has an interest in winning. There is money for private investigators, mental doctors, etc. The public defender is trying to do a good job with limited time and no expert witness. Then a judge decides who should get custody after a one sided hearing. In most divorces it is much more even. About Wisconsin with the exception of South Carolina I learned many racial surs that were spoken or yelled at me. They were so full of themselves and talked all the time about the superior Wisconsin lifestyle. They had no interest in things outside of their little world.
2

NicaraguanDec. 31, 2011 - 02:45AM JST

Everybody is asking for Inoue's side of the story, and I believe that this was told in the plea bargain but nobody wants to recognize this. Let me explain, in the US criminal legal system, by accepting a plea bargain, she accepted her guilt, meaning the State of Wisconsin has enough evidence to find her guilty of a crime. If I have done something wrong, she could have used to defend herself in court. Please remember that this case also was judged by the Civil Family court who gave me custody of my daughter in 2009 and found Mrs. Inoue in contempt. Still, she was given the opportunity to return to US for at least 3 times. In fact, in our final judgment there was an item saying that 'If she returns to the original jurisdiction, the court was given the chance to listen the custody issue". Instead, Mrs. Inoue started an action in Japanese courts. I still won "sole custody" in Japan, but the return was dragged for more than 2 years in the courts. (a strategy used in Japan to secure total alienation and brainwashing of the children). At the end, even the Japanese court agreed with the return of Karina in US as the grandparents were trying to secure custody of my daughter in Japan as well. In summary: - Mrs. Inoue case was listened in different levels at US courts and Japanese courts (even I have a judgment of support from the Tokyo Supreme Court). - Mrs. Inoue and her family will have visitation, no only to protect their rights, but to protect my daughter's rights to have her heritage respected (nothing like that happened in Japan since the moment of the abduction in 2008, my mother has not seen Karina since 2/2008). - There will be a prudent observation time while Karina's brainwash is addressed by the psychologists and court , before significant visitation is scheduled. I have to mention that Karina has maintained almost daily basis communication with her best friends in Japan through Skype and phone calls as I see this in her best interest. - Karina loves her newborn sister, who doesn't love a newborn. She represents the new beginning for Karina, she is even making plans for the future. - Karina has entered in intensive English course, and she has been making good progresses. She will be starting school next january. She used to be fluent in English before her abduction, and it was in Japan where she was not allowed to continue her English education in spite of my attempts to secure this education. She was also fluent in Spanish before, and this will be the next step. Karina will continue her education in Japanese as I secure a mentor for her.

I just want to thank all the supporter. I have the responsibility to do the best for my child. and I do agree that nothing would have happened if Mrs. Inoue would have followed the law and moral rules : " A child has the right for 2 parents and his/her heritages" (United Nation children rights)
1

NicaraguanDec. 31, 2011 - 02:49AM JST

Just few more clarification in the case: 1)- Mrs. Inoue is fluent in English, she has a Master degree in Business administration by the University of Wisconsin. In fact, the reason of her applying for the green card was the fact that she was working in international business for an american company!

2)- It is not true that she has to use a public defender, instead, she used the most expensive attorney in Milwaukee (Boyle) which is at around 700 USD/ hr.
2

http://danieldiaztecles.blogspot.com/Dec. 31, 2011 - 03:22AM JST

In this case the most important is the girl. And we must observe, that in this case the Japanese courts have given the reason the father, so we have shown justice. But we must not look at the countries of origin of those involved, but that all parents have the duty to respect the children, are the most important and the future of our society. HAPPY 2012.
-2

Mark BradleyDec. 31, 2011 - 04:28AM JST

These cases are extremely complex. A lot of the details never see the light of day. The most important details would flip your support for one parent over the other, even if what they did was against the law or not.

For example, I remember reading a case where an American guy lived for a decade in Japan, got married, had a kid then one day wake-ups says "We are going back to live in America." Get back to America, divorces her promptly and marries his high school sweetheart... What would you do in that case? You don't know English. You don't have the money to leave and come back or support yourself. You have been completely screwed over by your "partner". Either you abandon your kid or you kidnap them away from a psycho. Then when the mother takes them back to Japan for a visit, Dad comes and tries to kidnap them back, traumatizing the kid. Sometimes the law is not justice.
-2

Mark BradleyDec. 31, 2011 - 04:40AM JST

P.S. the example I gave above can the complete opposite, I am not siding with either country or gender. For example, could have been a Japanese woman living in USA for 10 years, fluent english, convinces Dad to move to Japan, divorces him, forces her kid to quickly make-up for years of no formal Japanese language education.
-3

YuriOtaniDec. 31, 2011 - 05:15AM JST

Nicaraguan where do you get your information? I have found a shell of the court records online. 98 05-03-2011 Post-judgment motion hearing; Court Reporter - Carol Brathol. Petitioner in court with Atty. Dana Gimbel. Respondent in court, pro se. GAL, Atty. David Blumberg present for minor child. Case in court on return of committment. Respondent has been charged with a felony re: child custody/placement. She was extradited from Hawaii and has $25,000 bail on felony matter. On this action, Judge Christenson previously found respondent in contempt for failure to produce child and had ordered $500 per day on contempt (current contempt amount owed is $347,500 as of today's date); respondent was found indigent in felony case and would have a public defender. Court set purge amount of $347,500 AND return of child to State Dept. in Japan or to Moises Garcia. Atty. Gimbel will contact public defender re: representation of respondent for contempt hearing. Court set matter over hearing on contempt on: May 13, 2011 at 11:00 a.m., br. 23. Filed, signed order to appear. 7/14/2011 Atty. Sakar's motion that respondent not communicate with minor child unless correspondence is approved by GAL discussed - counsel stipulate that mother not communicate with child from this date forward until letters are reviewed by GAL after translation. Atty. Sakar must renew contempt motion within 6 mos. 10/10/2011 Attorney James Sakar appeared in person and with the petitioner. Attorney Bridget Boyle appeared in person and on behalf of the respondent, who is currently in custody. Attorney David Blumberg, Guardian ad Litem, appeared in person. Matter before the Court this date for post judgment motion hearing regarding contempt proceedings and other issues. Statements by all parties and the Court regarding same. Attorney Sakar renewed his request for a finding contempt and same was granted by the Court until April 10, 2012, without objection from Attorney Boyle or Attorney Blumberg. For the reasons and with the conditions as stated on the record, the Court ordered case continued to January 5, 2012, at 2:30 p.m., for status conference. jms So where do you get your information and mine was a simple search. It was the husbands actions that kept her in jail. Second she was found indigent by the court. Hardly the stuff to get a $700 attorney. Lastly, she can not even write her daughter. So this is 3 points where the Nicaraguan is making up stuff or is repeating untrue things. Thus how much more of it is untrue? Oh when was the money dropped?
0

NewsmanDec. 31, 2011 - 09:32AM JST

Yuri, do you even understand the material you yourself just posted? Because, from your reaction to it, it seems you don't. Follow the timeline and think about it: 1) It was not the husband's actions that "kept her in jail". It was the court that kept her in jail while it sorted out the husband's demand for justice. Had they not kept her in jail, she would have undoubtedly fled the country and justice would not have been served. 2) She was found indigent on 3 May 2011, due to her inability to pay the contempt amount of $347,500 and was assigned a public defender as a preliminary step. However, until the case is settled one way or another, she did not have to pay the fine. Subsequent to being assigned a public defender, she retained (by 10 October 2011) a defense attorney, Bridget Boyle. You can find her online; I don't know how much she charges, but looking at her previous high-profile cases, I'm sure she doesn't come cheaply. 3) The restrictions on writing her daughter were put in place on 14 July 2011, because at that time the case was unresolved. No one said she couldn't write to her daughter -- the purpose of the restriction, I believe, was to make sure she didn't write anything inflammatory or derogatory about her ex-husband. If it was just a letter to say something like "Mommy's away right now, but I'll be back soon and I love you," nobody would have had a problem with that. And now that the case is resolved, presumably the restrictions on communication have been lessened if not completely removed.

If anyone with more complete knowledge of this case can correct what I have written, please do so. I have tried to do the best from the record as it was presented. But it is obvious that some people have come to this case and injected their own fears and prejudices into a discussion of it, without taking the time or the courtesy to actually look at the facts.
1

yasukuniDec. 31, 2011 - 09:41AM JST

"So why do I side with her? Well remember my background so it my natural my initial reaction went to her."

I think this attitude explains 90% of the problems in the world.
1

yasukuniDec. 31, 2011 - 09:44AM JST

Part of growing as a human is being able to both judge things objectively and to empathize. Wonder how the jury system is going here...
2

Nicky WashidaDec. 31, 2011 - 09:52AM JST

@Nicaraguan: I am truly sorry you feel the need to have to come back and explain yourself further to certain people. To be honest, I wouldnt even bother. As I said before, these people have their own issues that they are applying to your situation, and no matter what you say or do they will never believe or understand you because they simply dont want to! Please know there are some here without blinkers who CAN see how hard you have worked to be a part of your daughters life and who wish you and your family nothing but happiness and joy for the new year.

Yuri - for someone willing to see both sides of the issue you seem incredibly blinkered to me. You claim to hide behind English as your 3rd langauge as the reaon for your mistakes and misunderstandings - then you post something I as a native English speaker can barely understand and use that you justify your opinions! Do you really understand what is being written here? I barely can, but I CAN see that it does NOT say she may not have any contact wither the child. Just that the letters need to be checked. Seems reasonable to me, given her kidnapping background.

Personally whoever her attorney was, be they private or public they seem to have done a brilliant job to me. She could have been locked up for a long time for this crime. This is not OJ or any of your other "did they do it?" flimsy examples here - clearly she DID do it! And she has pretty much got off with it too - given that the alternative was a long stay in jail. If anything SHE was the one with the bargaining chip - "let me out of jail and I will give you Karina. Keep me in jai and you will never see her again" was basically her argument. This man is not a gajillionaire - probably even less so now that he has had to drop so much money on getting his daughter back.

I dont expect you to answer me directly Yuri - you never do. I am assuming this is because you dont actually HAVE any reasonable answer for me. But let me just try one more time - based on my hypothetical situation as posted above - would you support me taking my kids out of Japan and cutting off all contact from their Japanese father? Being the man in this country he now has all the money and all the power and after 9 years of raising the family financially I am entirely dependant on him - making me the "underdog" you claim you love to champion. So tell me - are you on my side??!

Actually, you know what, forget it. I think I am going to take the same advice I gave Dr Garcia above and accept that some people will never want to see reality, and will always want to apply their own agenda no matter what the facts actually are.

I just want to thank all the supporter. I have the responsibility to do the best for my child. and I do agree that nothing would have happened if Mrs. Inoue would have followed the law and moral rules : " A child has the right for 2 parents and his/her heritages" (United Nation children rights)

Excellent quote Dr Garcia. what a shame Japan and certain Japanese (yes Yuri, Japanese) still seems to think it has the right to superiority over and above the UN. And the most laughable bit of all is that these same people claim America thinks it is superior!

Let me just say one more time I wish you, Karina, and your new family, and yes, Emi Inoue too, every happiness in the future. It is my sincere wish that all of you can somehow work everything out that is to the ultimate benefit of Karina, and you have my full support in your efforts to do that. Best of luck and good wishes to you.
3

yasukuniDec. 31, 2011 - 10:01AM JST

"As I said before, these people have their own issues that they are applying to your situation, "

Yep, that's it.

Interesting about the way people look at things. When I first spoke about this case, my wife (Japanese) instantly took the side of the Japanese mother and thought it obvious that a Japanese mother would and should ignore the laws of another country.

But, when I said what if your favorite cousin married a gaijin girl who just left with your niece and your Moms granddaughter and was living in another country. She immediately understood then.

So, some people just don't think.
-1

Mirai HayashiDec. 31, 2011 - 10:40AM JST

Nicky...agree 1,000,000% ...well said!
-1

Nicky WashidaDec. 31, 2011 - 11:24AM JST

Thank you Mirai. And may I also say great avatar! The mouse and my hubby work very closely together!
1

ambrosiaDec. 31, 2011 - 12:43PM JST

Yuri, as Nicky has stated so well, your opinion is clouded by emotion and bitterness, not logic. You claim to have had some bad experiences in Wisconsin. I don't know if that's true or not but I could tell you that my husband, who is not white, not American and not Christian, has spent plenty of time in Wisconsin and surrounding states and had nothing but good experiences. Does that mean everyone will have the same? No. Does your supposed bad experience mean everyone will have similar bad experiences? No. So, again, what's your point? You didn't like Wisconsin ergo Karina will not like it? Rubbish! Are you trying to say that Japan is better because there is no racism or people who talk about a "superior" Japanese "lifestyle"? Thanks for the laugh! I have experienced plenty of racism here in Japan, both in Tokyo and other smaller towns where I've lived. My feeling is that that's the problem of those racist individuals and not all Japanese or all people of the prefecture, city or ku in question. You'd do well to do the same. Less bitterness and being more openminded would go a long way in having people treat you better or changing their attitudes once they meet you. I'm not saying it's your job to make people less racist but if I compare the experiences of my husband, who is a very gentle, warm and openminded person, to those you say you've had, one has to wonder if people just responded to the negative energy you give off, certainly in your posts.

At the end of the day, the problem is not whether or not you like Wisconsin or whether the American justice system has flaws - don't even make me get into the flaws in Japan's justice system. The problem is that Mrs. Inoue broke the law. She knowingly and willfully broke the law. You may think it's barbaric to have your hand cut off for theft, as they do in Saudi Arabia? I doI. So, you know what you don't do if you go to Saudi Arabia - you don't steal! You don't want to be executed for drug trafficking, don't traffic drugs in Malaysia. You don't want to lose custody of your child and get thrown into jail in the States, then don't illegally take your child out of the country and deny the other spouse visitation.

How many times have I heard Japanese cry "you have to understand our culture". Well, Japanese have to understand other people's culture too. Mrs. Inoue failed grandly in doing so and now she's going to pay for that. Pity because it didn't have to end up like this. I wish her and you a better 2012.
-3

VicMOsakaDec. 31, 2011 - 12:50PM JST

Well, all I can say that something about the marriage made Emi Inoue vey unhappy. What woman would want to give up a life in comparative luxury, not wanting for anything with a rich husband ?
2

Mirai HayashiDec. 31, 2011 - 02:03PM JST

Well, all I can say that something about the marriage made Emi Inoue vey unhappy. What woman would want to give up a life in comparative luxury, not wanting for anything with a rich husband ?

Assumptions!　Assumptions!　Assumptions!

I don't see anywhere where it says that she lived in luxury....and being "unhappy" is subjective...it could be that she's just an unhappy person...any which way you want to put it, it should have no affect or bearing on the decision of the court..or whether or not she was at fault. Her happiness is completely irrelevant. As Nicky stated, and I stated earlier, you're just trying to justify her crime based on your emotions and not the facts or what's really relevant. 　
1

Nicky WashidaDec. 31, 2011 - 02:09PM JST

Well, all I can say that something about the marriage made Emi Inoue vey unhappy. What woman would want to give up a life in comparative luxury, not wanting for anything with a rich husband ?

In the absence of any evidence whatsoever that he was abusive, unfaithful, a bigamist or any of the other disgusting and unfounded accusations made against him, I am going to assume the issue was the post-natal depression (which seems to be what started it all) plus possibly her inability to adapt to her new home country and surroundings. For that she has my utmost sympathy and understanding - I have been there myself in reverse, although she had a better chance of adapting than I did really, given that her English appears to be far better than my Japanese, she only had one child (I had two when my PNI started), and as you say was likely to be living a fairly high status lifestyle.

HOWEVER - while I can even understand although not condone her fleeing to Japan with the child, where my sympathy absolutely dies is where she not only refused to allow the father to be part of the daughters life, but actually actively appealed against it when even the JAPANESE court ordered her to allow him access. That is not thinking of the childs best interests at all, just her own. Again I ask - if someone can explain to me how cutting a loving father out of a childs life is in its best interests I am all ears.

Dr Garcia seems like a reasonable man to me, and - if I may make such an assumption not being a man myself - a reasonable man I am sure would be satisfied if not necessarily happy with regular SKYPE contact, visitations a few times a year, maybe paying for her to keep up her English and/or Spanish studies, maybe having her over for Christmas or the Summer holidays. But Emi wouldnt even agree to that. SHE and she alone has brought this issue to this point. Karina could pretty much have had the best of both worlds had her mother thought of what was best for the child, and been adult enough and responsible enough to cooperate, but she wouldnt for whatever her own selfish reasons were, and so here we are.
-1

yasukuniDec. 31, 2011 - 03:22PM JST

"where my sympathy absolutely dies is where she not only refused to allow the father to be part of the daughters life"

Unfortunately many Japanese still think it's atarimae that once parents get divorced, one of them won't have anything to do with the children. It's really sad, and I hope it changes.
-1

ambrosiaDec. 31, 2011 - 03:32PM JST

"Well, all I can say that something about the marriage made Emi Inoue vey unhappy. What woman would want to give up a life in comparative luxury, not wanting for anything with a rich husband ?"

Let me try again since the mods thought my last response was off topic. Do you know why she got divorced? Do you know how "luxurious" their life was? Do you know how "luxurious" her life in Japan was? Does luxury make people happy? Does luxury or a lack of it have anything to do with her having knowingly and willfully broken the law?
2

NicaraguanJan. 01, 2012 - 12:40AM JST

Yasukuni: you made a comment that nobody has seen once a Japanese parent is in the reversed situation of losing a child. "Unfortunately many Japanese still think it's atarimae that once parents get divorced, one of them won't have anything to do with the children. It's really sad, and I hope it changes"

My ex is looking for visitation rights in US and possible joint custody so my question here is: Is there a cultural foundation for the concept of one of them no having anything to do with the children, or it is just a way to justify such human right violation? Let me define culture: the behaviors and beliefs characteristic of a particular social, ethnic, or age group independently of the location.

I am really glad to share with people my feelings. I think it is important to see my human side and the reason why I continue fighting for my daughter. She is doing really well, but she was brainwashed. She has had almost daily contact with some of her Japanese friends through Skype. She started re-learning English, and she is doing so fast that in 2 days she remembered the alphabet and knows how to count to 100. She bought yesterday 2 greeting cards to her grandparents that I helped to choose. Different than the Japanese abductors, I am not scare of her sending letter to them.

Ambrosia: I am not rich but I am not also poor. I am middle class, and my ex used to enjoy trip to Japan and other things that come together with marriage. Please remember, she did not leave the marriage, I asked for divorce! as her demands and threats were unbearable.
5

YuriOtaniJan. 01, 2012 - 01:42AM JST

Nicaraguan, you have had quite a year and hope next year will be better for you and your family. Sorry to have given you a hard time but you are a public figure now. Wishing you and your family a very Happy New Year! May the stars shine on all of your paths. waves bye bye
0

NewsmanJan. 01, 2012 - 09:10AM JST

@ Nicaraguan: You will undoubtedly get a lot of answers to your question. My answer is this: The after effects of a feudalistic, hierarchical society (such as Japan was during the Edo Period) have instilled the belief that one can serve only one superior at a time. A divorced couple means the parents are now two different families, with two different family registers and responsibilities, and perhaps different family businesses and religions and so on. How can one child be expected to satisfy the demands of two different competing claims from two different family lines? Better for the child, and everyone else, not to worry about those issues. One family line makes it easier for the child to fit into the social hierarchy.

I don't agree with the thinking, but I believe that is a fair summation of what people believe.
0

Nicky WashidaJan. 01, 2012 - 09:49AM JST

@Nicaraguan: in advance of Yasukunis answer to your question if I may:

I personally DONT believe that it is entirely Japanese culture to cut off one parent from a child. I know of many, many divorce cases here that are settled outside the courts where the non-custodial parent (usually the father) does have regular access to his children. I believe the stats are roughly 60-80% of cases settled outside the courts here. no need for a lawyer or anything. It is just agreed between the two of you. The problems start when the legal system gets involved, because it requires "blame" to be apportioned for decisions to be made.

In my opinion, the issue is more a legal one, with a little bit of culture thrown in. Traditionally the men had little to do with raising children - that seems to be changing now. Legally here when you divorce there is no such thing as "joint custody" which forces all control into one parents hands. All well and good if the divorce and the individuals concerned are reasonable, but where you get a deadbeat father who doesnt care less (or as is often the case has a nice shiny new wife/girlfriend to go to) - he never sees the kids, she never gets any kind of financial support for them, and the courts do absolutely nothing about it. For older couples, it has only been since around 2008 that Japanese women were entitled to half their husbands pension in the event of divorce. Japanese have often when speaking to me been so proud of their low divorce rate compared to mine and other western countries - but these are generally the reasons why it is so low, along with a cultural bias against divorce (it is shameful because it indicates you cant "gaman" - bear your burden, even in the case of domestic violence.)

In reverse, if you get a nasty, vindictive woman who wants to hurt her ex through the children, or even just cut him out of their lives completely again - the courts will do little to prevent it as you have found for yourself. They may make their rulings, but this means diddly squat if they dont then act on anyone in contempt of those rulings.

So culturally I get the impression that there are as many deadbeat dads and vindictive Mums here as there could be in any other country. The difference is that legally they are not allowed to get away with it elsewhere. Which therefore suggests to me that this is not so much a cultural thing and more a legal issue. When another case similar to yours hit the news a year or so ago, and the American father tried to kidnap his kids back in Japan (and failed) I saw many Japanese interviewed on TV about the issue. They ALL said "a child belongs with its Mother" - now I would have taken that as a cultural indication of how this nation feels about divorce too, except every one they interviewed was a woman, over age 40, and the leading question was "Should a child be with its Mother or Father?" - no question of joint custody or visitation rights!

Please dont get me wrong - I love Japan as my adopted country, and I love living here. But there are some things that, whilst I will abide by the laws here I dont necessarily agree with - and this hiding behind "our unique culture" even with things that are patently unreasonable in the modern world is one of them. It often has very little to do with culture and everything to do with resistance to change (in a group scenario) or pure stubbornness (in an individual scenario).

One of the things I find most ironic about your situation if I am honest is that your wife blocked and appealed against all your requests for visitation and access, and yet is now using the American concept of joint visitation and possible shared custody to exercise her rights having denied you yours for so long. Suddenly two parents DO become important when the shoe is on the other foot! Not so cultural after all then, hey? I do apologise for voicing my opinions on that, I dont mean to "stir the pot" at all, and I am sure you have been to beyond angry and back over the last 4 years so what I say probably wont make much difference now, but as I have been saying all along while I sympathise with your ex for being in a foreign country with PNI, my sympathy dies that she tried to cut a loving father out of her daughters life.

I have also just seen newsmans response too, and from a historical perspective I think (s)he is pretty accurate.

footnote: I have run everything said above by my Japanese husband to confirm accuracy as a non-Japanese myself and he has said he agrees although certain comments are uncomfortable to hear they are actually true factually and in his opinion.
2

Nicky WashidaJan. 01, 2012 - 09:51AM JST

@Yuri - just wanted to say I am quietly impressed by your last response. You have been very vocal on this thread, mostly against the father, but to still be able to wish him all the best and even go so far as to apologise shows kindness and integrity among many other admirable qualities. Good for you.
0

LH10Jan. 01, 2012 - 11:04AM JST

geez people still talkin bout this issue?! who cares already -_-
-1

Samantha Zoe AsoJan. 01, 2012 - 11:40AM JST

@cristoba. Yes, he is a different breed. One who actually cares about his child and even after everything this gentleman has been through, is working to allow his ex wife....a woman who pulled out all the stops to cut off his parental rights....is working towards joint visitation. He has put his own feelings aside and is thinking about his daughter first and foremost.

Dr Garcia~ I wish you all a loving and wonderful 2012. Mrs Inoue is lucky that she has a second chance. Good luck to you all.
0

GWJan. 01, 2012 - 03:21PM JST

Nicky,

Some damn fine posts the last couple days, good on ya!
0

ambrosiaJan. 01, 2012 - 03:38PM JST

Nicaraguan: There's no need to explain your financial situation to me or anyone else. I was responding to another poster who seemed to think that it mattered for whatever reason. I don't.
0

ambrosiaJan. 01, 2012 - 03:39PM JST

LH10: Apparently you do since you bothered to click on it and post something.
0

Samantha Zoe AsoJan. 01, 2012 - 05:25PM JST

Nicky= Yeah,some fine posts! Happy New Year!
0

Nicky WashidaJan. 01, 2012 - 05:28PM JST

GW & Sam - thanks guys :x. A topic close to my heart I guess...
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Samantha Zoe AsoJan. 01, 2012 - 06:41PM JST

Mine too! I am in a loving relationship with my Japanese hubby at present. (Unfortunately inlaws hate me but that's another saga!) Divorce can turn anyone ugly. However, watching my childrens's eyes as they play with Daddy moves me no end. How could I ever just uproot them and deny them contact ever again with him? Despite whatever may pass between us, he is a good Daddy. Their Daddy. Thinking you can just whisk them away and all will be erased with tome don't work. How could I ever teach my kids any valuable lessons on life if I decided to do such a despicable thong. And it is despicable. To decide solely that your other half should be cut out....,like bad meat or a rotten piece of apple and discarded. No,I could never do that It would break my heart everytime my kids asked about him. How could anyone do that?

I can quite catergorically state that unless I feared for my kids or my life, I just couldn't do that.To my kids. Or my conscience.
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Nicky WashidaJan. 01, 2012 - 07:36PM JST

Sam, your post just moved me to tears! Well, alongside listening to Eternal greatest hits ("I realiiiiiise, in a world where some have more and some have le-e-esssss, I have lo-o-ove, and I am blessed...")

which is kind of scary really, because the last time I was this in touch with my emotions I was pregnant....oh crap!
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LH10Jan. 03, 2012 - 06:11AM JST

@ ambrosia lmao! xD 288th comment i'll be back
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hworta269Jan. 04, 2012 - 03:56PM JST

@Mabo said that he hoped the father would let the girl see her mom and mom's family, in another news story he said publicly that was his wish. Pretty stand up guy if you ask me.
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hworta269Jan. 04, 2012 - 04:03PM JST

@Nicaraguan In Japan the fathers dont do much with the kids so when there is a divorce the mom gets the kids most of the time. Unfortunately many people marry people from different cultures without trying to find out whats different about each other. My Japanese wife liked me because she felt I would have been a larger part of the family life.
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Barbara RederJan. 17, 2012 - 05:25AM JST

Oh my goodnsess writing letters is controlled! Has anyone asked this girl what she wants!? There is always 2 side story.I will wait for the day it is published until then hope this child will be loved.. and gets the best education and moves back to Japan when she is old enough.
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Barbara RederJan. 17, 2012 - 05:35AM JST

Overall.in a few yearswe will hear hopefully how this girl feels. Its sad parents ego can destroy the child.I hoe the court wii assign a lawyer r for this girl and make sure what is right..I do hoe the father of this girl will take her back to jaapan every 2 yrs to keep up the culture.