There is a long list of red flags that existed in this case that should have caused the airline and travel agency to do something.
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Scott Sawyer, an American man who is suing Japan Airlines, claiming it wrongfully helped his Japanese ex-wife leave the United States with their son, despite court orders that the child remain in California. His lawyers said airlines should require parents traveling alone with a minor child to Japan to obtain legal approval from the non-traveling parent authorizing the child’s trip. (AFP)
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Kronos
I do not know specifically for child custody laws but if there is a court order for someone not to leave a country, one would assume there would be some sort of a check at the customs.
I am not exactly sure whether the airline company or the customs would be responsible but something looks to have slipped through the cracks.
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Zenny11
While I feel for him.
How would the airline know as to whom and when to check. And do they have the access and/or authority to perform such checks.
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LFRAgain
I feel for the guy as weel, but his lawyers are going to have a heck of a time proving the airline did anything "wrongful, " when there are no policies in place mandating that airlines do any such check as far as parental permissions are concerned.
Also, in order to present a successful argument that they helped the wife escape a California court order, the lawyer would have to be able to prove the airline was aware of her legal situation, which I doubt very sincerely they were.
And in an age of Homeland Security-mandated safety checks bogging down airports, I also don't believe any government agency or court is going to be willing to force airlines to take on the added burden of acting as police in domestic disputes.
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whyRUasking
I would assume that it falls under the jurisdiction of the customs/Homeland security personnel to determine whether or not somebody can legally leave the country.
If Japan airlines actually smuggled them on board without following protocol, then this could be a major legal battle. JAL might lose more than just money in this case. If true, then heads will roll.
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whyRUasking
In the Huffy post, it also mentions a travel agency assisted the wife.
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