JAPAN NEWS AND DISCUSSION
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igotchu
I think many parents understand the sensitivity of the Japanese people to the North Korean Abduction issue, but the sensitivity to the parents who have lost all contact with their children here in Japan has to be understood as well. All the governments, including Japan, with nationals affected by this tragedy need to show compassion to the feelings of the parents who have been cut out of their children's life.
Posted in: Rally planned to raise awareness of parental abduction issue during Biden visit
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igotchu
Nicely worded BlueWitch, you understand this about a Right the Japanese Courts are denying Parents and Children.
Posted in: Rally planned to raise awareness of parental abduction issue during Biden visit
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igotchu
Its in their best interest to create new laws that give equal rights to everyone, regardless of nationality. I seriously doubt they will do what Disillusioned has stated.
Posted in: Rally planned to raise awareness of parental abduction issue during Biden visit
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igotchu
I don't understand how people can underestimate the will of a parent who loves their child. A loving parent will go through hell and back again for their child. What I doubt is a little rain will stop these parents.
Posted in: Rally planned to raise awareness of parental abduction issue during Biden visit
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igotchu
Its been a long time coming, now I see the Parents are fed up and are demanding change. Not only Vice President Biden, but all the countries involved should try to get this issue resolved as quickly as possible and demand that Japan put parents back in contact with their children immediately, grant meaningful visitation rights, bring about an immediate end to parental abduction, and return children to the parent where its clear the custody should lie. Above all, the courts has to respect Parental Rights in their rulings and the law needs to be enforced!
Posted in: Rally planned to raise awareness of parental abduction issue during Biden visit
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igotchu
This talk about fathers having to stand up and be men and take on the responsibility is totally misleading. Let's face the truth, there is nothing preventing the government from continuing welfare payments to divorced women with children if the father cannot afford to take care of his child. Name one thing that's stopping them from making welfare payments? Its just stupid pride.
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igotchu
We are getting close after years of fighting this issue. Criticizing Japanese parents for not supporting the movement is the wrong way. There are Japanese parents supporting/pushing for parental rights.
While accusing Washington of playing politics on the issue, one should look at Japan and see what the DPJ does in the upcoming election, whether they stand on their word,"Prime Minister Hatayoma-I beleive both parents should have the right to see their children", and make parental rights a part of their platform or they shy away from the issue for fear of loosing the election. I encourage them to put the issue on the platform and lets get this over with.
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igotchu
Don't allow posters like michaelqtodd to throw everyone's attention off the ball. Keep your eyes on the prize! The government cannot deny its violated the rights of parents to maintain contact with their children. If we continue to demand the rights this will all be over sooner than you think. Their arguments for denying parents access can't hold a grain of sand. We gotta keep pushing for the rights!!!
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igotchu
Now that the fight has begun, I'm still stressing the importance having Japan guarantee a parents right to maintain contact with their child and that they create an enforcement mechanism.
If they won't guarantee the right then take the matter to the ICJ and lets get it on. Let them see if the rest of the world agrees with their customary practice. I've argued the rights of parents to maintain contact with their child are fundamental human rights.
When four months have passed the countries pushing for this should move quickly to the ICJ and file the case of human rights violations. The African countries, South American countries, and other Asian Countries need to stop sitting on the sideline watching, their citizens have been affected too. You guys need to get in the game.
What can we expect in four months? Well, let's set some criteria for them to meet.
(1) Their government has to reveal the physical address and location of every child.
(2) Their government has to allow the embassy staff at the respective embassies to visit each child to verify the child's well being.
(3) Their government has to set a date and location for reunification of each parent and child and hold them responsible for ensuring the child's presence.
(4) Their government has to pay transportation and hotel fees for all foreign parents who has to come to Japan for the reunification.
We want action now, not words! If they don't wanna move let's just take it to the next level.
Posted in: U.S. warns Japan child custody laws could harm bilateral ties
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igotchu
The Hague has no enforcement mechanism, its left up to member states to decide how to enforce the treaty. This is my proposal on how to enforce the treaty and gurantee parental rights.
Posted in: Japan, U.S. discuss ways to resolve custody disputes
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igotchu
The United States, EU, and all other countries with citizens who have been caught in this tragedy needs to call Japan out for Human Rights Violations. The evidence is all around you, read these post, especially the one where one writer claims 70,000 Japanese men are seeking access to their child and another suggesting Asian Parents from Korea, China, etc., have been locked out of their childrens life as well. Not only should they seek Human Rights violations they should be seeking compensation for the left behind parents whose life has been torn apart because of their courts rulings, and failure to take the necessary action to protect the child's right and the non custodial parents right to maintain contact with each other.
Getting Japan to sign the Hague Convention alone isn't enough. It may satisfy some politicians and western governments, but the reality is clear. Those familiar with the language of the treaty, know very little will change because Japanese courts will decide what's in the best interest of the child when the child is on Japanese soil. Believe me, that decision will be based on their customary practices and not necessarily what's best for the child.
The United States shouldn't be afraid to say Japan has violated a fundamental human right by obstructing the rights of parents to maintain contact with their child, and failing to take action to protect those rights. President Obama cannot come to Asia spouting about fundamental rights and universal norms then turn around and pay lip service to those rights when its comes standing for them.
In addition to the Hague, get them to state clearly in their domestic laws that the non-custodial parent has the right to maintain contact with his child, and two, the right will be enforced as follows:
Enforcement Mechanism
(1) Should a non-custodial parent be unlawfully denied contact with his/her child by the custodian or guardian of the child the non-custodial parent may request the Family Court to put him/her back in contact with the child.
(2) When a non-custodial parent has been unlawfully denied contact to his/her child the Family Court shall, without delay, take the necessary actions to immediately put the bereaved parent back in contact with his/her child.
(3) The Family Court shall restore the bereaved parents contact with the child within seven (7) days. The term contact means physical contact.
(4) Should the Family Court not be able to restore the bereaved parents contact with the child within fourteen (14) days a warrant will be issued for the child and the person holding the child, the custodian or guardian of the child, and anyone involved in obstructing contact with the child.
(5) Upon issuance of a warrant the custodial parent or guardian of the child will have his/her rights of custody to the child automatically transferred to the bereaved parent.
As one poster stated anyone who believes Japan is going to give rights to foreignors that they don't give to their own people is sadly mistaken. The rights issue and enforcement mechanism has to be on the table at the same time, without it parents will still be limbo.
Posted in: Japan, U.S. discuss ways to resolve custody disputes
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igotchu
Japan needs to stop wasting time debating rather or not non-custodial parents should have visitation rights. I've said it before, and I'll say it again, it's an inherit right that belongs to the parent by way of blood. The state does not own the children, its not your seed! The child belongs to the man and the woman, even after divorce. There is nothing the state can do to wash the child free of either of the parents blood or DNA. However, the state has tried to wash the child's mind free of the none custodial parent. This outdated customary practice of maintaining balance and harmony in a child's life by allowing the custodial parent to distant the child from the non-custodial parent is brainwashing. The state should use the powers that are currently available and start to put an end to this practice. The Ministry of Justice can start by issuing a decree preventing local police from arresting a parent on kidnapping charges unless the parent has proven, by actions, not to return the child to the custodial parent within a certain period of time, for example 24-48hrs. The Supreme Court can further solidify the order by giving instructions to local Judges not to uphold kidnapping charges against non-custodial parents for forced visitation under the 24-48hrs rule as long as there is no violence involved. The prosecuting attorney and the local police will then back-down. Of course, I would expect non-custodial parents not to take self-help measures every other day. The ambiguous wording of the current Family Law statues can be interpreted by instructions from the top down until new laws are created. Those of you working for the Supreme Court Justices and the Ministry of Justice know what I speak of is 100% true. Prove me wrong, you guys simply need to conjure up the will.
Posted in: Divorced man arrested for abducting his son in Kumamoto
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igotchu
Allowing the custodial parent to make unfounded negative accusations about the non-custodial parents influence on the child is wrong. I would go as far to say it is illegal, perjury. Every country, including Japan has a mechanism to determine child abuse, rather physical or mental abuse. If a parent truly believes the non-custodial parent will cause harm to the child use the proper channels. That is what the child abuse center (iroyo sou danshou) is for. Because the courts fail to carry-out their duties properly non-custodial parents are being shut out of their children's life based on lies and not facts. There is no doubt custodial parents are abusing the law to seek revenge and in the process they are taking away the rights of the non-custodial parent. The judges have to stand up for the rights of the non-custodial parent to maintain a relationship with his/her child. Allowing the police to arrest a parent for exercising his rights is wrong, that is why Justice Minister Chiba should step in and tell the Kunmamoto police to release the man. The police cannot be used by a revengeful parent to break the non-custodial parents bond with the child. The child could think the father has done something wrong upon seeing the father taken away by the police, when in fact what he was doing was out of love for the child and perfectly natural. The Kumamoto police did not use good common sense by arresting this man, they are the ones that have harmed the child's mental state. Step in Ms. Chiba and stop it.
Posted in: Divorced man arrested for abducting his son in Kumamoto
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igotchu
Eyeblack you are new to this fight. PM Hatoyama has said very clearly that he believes fathers should have the right to see their children after divorce.
Posted in: Divorced man arrested for abducting his son in Kumamoto
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igotchu
The same demands left behind parents made for Savoie are the same ones that apply to this man. Release the man without charge. Justice Minister Chiba you need to tell the Kumamoto Police and the Prosecuting Attorney to release the man without charge. Its time for PM Hatoyama and his administration to make good on their word, if you are sincere about resolving this issue tell them to release this man. Send a message to the local police across the country that they cannot arrest, nor charge a parent with kidnapping for taking self help measure to see their child if there is no attempt to abduct the child. The left behind parent should have the benefit of the doubt, and the police should prove a clear attempt was made to abduct the child rather than a self help measure for visitation.
Lets not waste time anymore Ms. Chiba, you have the power, authority, and legal right to do something. Whats it gona be the local police or the Justice Ministry? The Hatoyama administration knows this fight is coming with the local courts and the local police over different interpretations of the law. Strike the first blow and put down the Kumamoto police, there is no foreign governments pressuring you this time. Make it clear where the government stands!
Posted in: Divorced man arrested for abducting his son in Kumamoto
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igotchu
Anybody who thinks if Japan had signed the Hague this issue could have easily been resolved is sadly mistaken. There is no enforcement mechanism in the Hague and no enforcement mechanism in Japanese Family Law, period! Any of you out there facing this problem don't believe Japan's signature on the Hague will solve everything, actually it will solve nothing unless there is changes to the Family Law. No matter how much you Pacifist believe in mediation there will never be a mediated settlement in 100% of divorce cases. When crafting new legislation the government must take into account the worst case scenario, confrontational divorces, whereas mediation fails. There are many issues left to be resolved, but in my mind the two most important issues are one (1), how will the government enforce visitation rights when the custodial parent refuses to comply, and two (2), how will the government enforce the Hague when its requested by one of its members? Looking at this on bended knees with our fingers crossed is not the way, the Savoie incident answered our prayers and brought the media attention we needed, but now we must continue the fight. Foreign diplomacy alone is not going to resolve the issue. Left-Behind Parents must look this man in the eye, speak to Japanese politicians directly, and demand an enforcement mechanism be written into the Family Law. If you want access to your children now is the time to fight.
Posted in: 8 ambassadors urge Japan to solve global child custody disputes
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igotchu
"Peanut Gallery", if your comment is geared towards me I will address it, if not I'll leave it to you, your wife, and her ex to sort out your personal issue.
Posted in: 8 ambassadors urge Japan to solve global child custody disputes
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igotchu
Assuming Japan signs the Hague, frankly speaking, it will do nothing to solve these abductions and denial of access without an enforcement mechanism. In addition, foreign residents and Japanese parents without access to their children will see no change in this intolerable situation. While I would agree Japan should eventually sign the Hague, we should not support this move until there is changes to the domestic law.
Art. 12 of the Hague: The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment.
Art. 13 sec. b of the Hague: Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that - b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.
The preceding two articles of the Hague deals mainly with the issue facing parents that do not reside in the state where the child has been abducted to. In other words, it deals with foreign parents issues and states clearly how the determination to return a child will be solely left up to the courts in Japan. Foreign parents issues will not be properly addressed until domestic parents issues are solved and this will require changes in the Family Law.
For the people who have been supporting this issue, we cannot allow a cosmetic solution to this problem. The Hague gives guidelines how to resolve cross border custody and access disputes, but enforcement guidelines are left up to the states which are signatories to the treaty. In my opinion, if Japan signs the Hague without changes to its domestic laws only those countries with the strongest amount of diplomatic pressure on Japan will see it enforced on behalf of its citizens. This is not what we are bargaining for, its all for one and one for all, all parents should have access to their kids.
Posted in: 8 ambassadors urge Japan to solve global child custody disputes
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igotchu
Assuming Japan signs the Hague, frankly speaking, it will do nothing to solve these abductions and denial of access without an enforcement mechanism. In addition, foreign residents and Japanese parents without access to their children will see no change in this intolerable situation. While I would agree Japan should ev
Posted in: 8 ambassadors urge Japan to solve global child custody disputes
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igotchu
Give the kids a break, those are memories and fun for a lifetime, its college.
Posted in: 10 Keio Univ students face charges for streaking through station