Monday May 28, 2012

igotchu's past comments

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    igotchu

    Accepting the harsh realities of a failed system is difficult, but reality has to be accepted in order for change. Can anyone dispute what Longtime Residenthas written? I doubt it, those are the harsh realities of this flawed legal system and customary practice. I've mentioned before the single mother's suicide, the high school dropout rate amongst children of single parents, the juvenile crime rate among single parent households, even the declining birthrate - who wants to have a child when they know its a possibility they could lose the child, all of these social issues can find its roots in this outdated customary practice.

    Klein2, you and I have been back and forth on this issue for quite some time and there are alot of points where we agree, but here my penpal friend is where we disagree again. Leaving the status quo the way it currently is, is totally unacceptable, out of the question, and no way in hell!! The benefits of change far outweigh the status quo. Single parents would have more income from child support payments, less of a burden on the welfare system, children would be more confident and mentally healthy with both parents in their lives, marriages and childbirths would increase, and the international dogma of Japan on this issue would evaporate into thin air. What country or religion do you know of that outright denies a parent access to their children after a divorce or separation during their full childhood years? I know of none.

    You speak of the bond between the mother and the child, but what about the bond between the father and the child? Do you really believe that after 20 years a child who is now a young adult will come to trust the wisdom of a stranger they never knew while growing up, just because he holds the title of father? You see my friend, parenting is a bond of trust between the child and the father too that is developed over time and starts at a young age in the child's life. Who is going to teach the young boy to become a man? Is it not the right of a man to teach his seed how to be a man and to raise his child in his image? This is not Biblical, it is the natural rights of a man to the ownership of his seed. No court of law under the sun, the moon, the stars, or the heavens above has the right to deny a parent access to their child w/o unquestionable proof that it will cause harm to the child. Japan's customary practice and their courts seem to think they are doing what's in the best interest of the children when in fact they are doing the child more harm than good.

    I'm not advocating totally abolishing the Family Law Statues, besides the UN Conventions on The Rights of the Child is the law here in Japan, its a good law but unenforceable and seldom used in the judicial process. What I would say we need is changes that allow joint custody; a strict enforcement measure of parental rights of access; a guaranteed number of access days per month; in international cases I believe a bond is the strongest measure to prevent kidnapping, these children must be allowed to travel; a severe penalty for those who abuse the law, including judges, police officers, public officials, and lawyers; there must be an end to racial discrimination-foreign parents must be given custody when its in the best interest of the child. There must be an overhaul of the mediation system - professional marriage counselors should be involved, in the case of international marriages foreign counselors should be included; judges should be excluded from the mediation process; lawyers should have limits placed on their involvement; and the mediation process should be totally independent from the judicial process. In order for the mediation process to work the state has to create the environment for both parties to talk, the current status of the mediation process is useless because both parties are guarded in their communications with each other. And yes, Japan should sign the Hague Convention, furthermore they need to clearly define what goes against "Public Policy" in order for them to recognize foreign courts rulings. We cannot debate this forever, time is not going to stop, our children are getting older and growing more distant from us. Lets end this foolishness once and for all.

    Posted in: Divorced, separated Japanese fathers also fight to see children

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    igotchu

    Japanese Parents without access to their children have strong feelings about this issue too, some people may say "shoganai" it can't be helped, but they hate the customary practice and the courts just as much as I do. In order to end this foolishness once and for all, foreign parents need domestic pressure put on the government by Japanese parents and foreign parents living in Japan. It makes sense to join together and fight this issue.

    Pressure has to be applied on three fronts. (1) International Pressure, foreign governments and international organizations need to take stronger actions - foreign governments need to acknowledge this issue at the highest level of their government, then tell Japan if they don't act quickly to change their family laws it will negatively affect your relationship; international organizations should be prepared to suspend Japanese membership in Human Rights Organizations (2) International Parents in foreign countries need to keep pressure on their own governments and keep demanding access to your children via the Foreign Ministry of Japan, and continue to press courts in your home country to grant you access and joint custody because Japanese Customary practices don't allow it and their courts won't recognize your parental rights and (3) Domestic Parents w/o access, both Japanese and Foreign parents, need to form an alliance and start raising your voices in the streets. While the new law is being constructed its important that we participate in its creation, we cannot be passive while they enact a law that changes little and further frustrates parents attempting to gain access. A lot of judges, lawyers, and politicians are out of touch with whats happening in the streets we have to watch-over their actions and hold them accountable. Its time to throw away the shame of divorce and do what we gotta do.

    Posted in: Divorced, separated Japanese fathers also fight to see children

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    igotchu

    DVW, does the statute say and or or?

    Posted in: American arrested in Fukuoka for kidnapping own kids from ex-wife

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    igotchu

    DVW, we have a totally different interpretation of the UCCJEA, and thats fine. I would argue she made an agreement that the courts accepted. Then she violated that agreement and the courts issued a ruling. The ruling was made well within the boundaries of the UCCJEA. To me its all in line with Japanese Law, its done quite often here if you have money you pay the women and she agrees on a visitation schedule. If the women agrees the courts accept (here in Japan).

    At this point it becomes speculation as to why he didn't do that here? Why was he so afraid of her in Japan? Its obvious no enforcement measure. and I think they don't trust each other.

    When they get finish fighting the lawyers gona take all that money. About 150k was blown on legal fees in the US. Once you triple that fighting in Japan and shit their lives are blown to pieces. I know.

    Posted in: American arrested in Fukuoka for kidnapping own kids from ex-wife

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    igotchu

    The most important ruling the Tennessee Judge has made in this case was to give Chris full custody of the children. He decided this after Noriko didn't return with the children. That means 6 months has elapsed since Noriko and the children were in Tennessee, and Chris' custody orders are valid under US Law.

    One for All one (".")arigato

    Posted in: American arrested in Fukuoka for kidnapping own kids from ex-wife

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    igotchu

    DVW, I understand your point but I believe the fundamental human rights issue is the strongest point. You know very well its not just a few of these cases out there, and Japan's failure to not enforce Parental Rights has been a stain on the countries reputation for decades now.

    I don't believe it was necessary for the courts to wait six months to accept the divorce. Remember one thing the divorce was a Marriage Dissolution Agreement (MDA), this was an agreement that the courts accepted and not ruled on. The two parties came to this agreement by way of mediation, not a courts ruling. Therefore, I don't see it as necessary to wait 6 months to accept an agreement the two parties started negotiating in advance.

    Posted in: American arrested in Fukuoka for kidnapping own kids from ex-wife

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    igotchu

    DVW, you see the fundamental human rights issue is in the UCCJEA and the Hague Convention. I've argued that issue for years and that really is the key point as far as I see it. I'm sure you've read the petitions and rulings from this case. Its clear to me based on the judges wording he is most concerned about Chris' Parental Rights. I see it as Chris' Parental Rights vs Japanese Customary Practices. The customary practice issue is depends on what happens next here in Japan. It looks like Japan may have the upper hand, but the US side established jurisdiction first. Now some of you think the Japanese Courts have the right to take back jurisdiction. The US side does not have to recognize any ruling here in Japan that overturns their ruling and violates Chris' fundamental human rights. What happens if they do it?....well, things could get ugly.

    Posted in: American arrested in Fukuoka for kidnapping own kids from ex-wife

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    igotchu

    DVW, One can argue that Chris, being one of the parents was located in the state for the six months prior. The fact that she agreed to the relocation means that the state of Tennessee is the home state at the time of commencement of the proceedings. I think its clear, the court records show it, she knew in advance about the divorce and agreed to the divorce in the state of Tennessee.

    If Japanese courts play ball, they can settle this issue within the scope of the UCCJEA and their own domestic laws. I think you should not focus on the jurisdiction, but the rights of access Chris has to the children.

    Art2 Jurisdiction Sect. 201 (1) this State is the home State of the child on the date of the commencement of the proceeding, or was the home State of the child within six months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State;

    Posted in: American arrested in Fukuoka for kidnapping own kids from ex-wife

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    igotchu

    DVW, How can you be suspicious about American courts when they were the ones trying to build the bridges between the two countries family laws? Look at how they went about the divorce, mediation, the Marriage Dissolution Agreement. Japanese Family Law encourages mediation. They took it a step further with the Parent Coordinators, but its appears to be a form of counseling intended to help the parents when they disagree on whats best for the child. Japanese courts are the ones that use the words balance and harmony in a child's life, this is what they were trying to do.

    Posted in: American arrested in Fukuoka for kidnapping own kids from ex-wife

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    igotchu

    DVW, there's nothing in the Haque or the UCCEJ that prevents a voluntarily change of Habitual Residence when both parents agree. Noriko agreed to relocate with the children to the US. The kids was not forced to be there, nor were they kidnapped.

    If Noriko wanted to change certain aspects of the MDA or the Parenting Plan she should have told the judge. It appears the judge/mediator was giving alot of attention to what she wanted.

    Show me something in the Haque or the UCCEJ that says two parents cannot voluntarily change their place of habitual residence. I happen to disagree with you on the Tennessee courts right to exercise jurisdiction. Both parties agreed to the change in habitual residence. What's illegal about that?

    Posted in: American arrested in Fukuoka for kidnapping own kids from ex-wife

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    igotchu

    I've read the petitions and rulings Chris filed in the Williamson County Courthouse (http://www.newschannel5.com/Global/category.asp?C=175746). Its clear the judge and Chris' biggest fear is Japanese Courts. The concern is Chris' rights of access and the enforcement of those rights, read the judges words for yourself. Chris, he did what was in his best interest, and not necessarily what was in the best interest of his kids. Noriko, appears to be a woman scorned - a deceptive, cold blooded, revengeful, cunning, and gold digging ..itch. Chris pushed Noriko to the brink and Noriko pushed Chris to the edge. The judge/mediator in the case tried something different that came close to working, that is allowing the two of them to chose 1 parent coordinator each to counsel them on child rearing. Just because it didn't work this time does not mean it cannot work in the future. I happen to like the idea but there needs to be some adjustments. Noriko should have had a translator and a Japanese speaking Parent Coordinator. She was able to deceive the parent coordinators. Because Chris speaks Japanese and understands Japanese customs he should have been more concerned about her feelings, but hell he agreed to give you $800gran, pay for your education in the US, and for the kids too. The judge/mediator even tried to introduce her to his own Japanese speaking friend. I know that blank facial expression, fake smile, yes when you really mean no, playing with kids emotions and manipulating them to the point where they start to cry in front of people just to gain sympathy for yourself. Noriko has PAS (parental alienation syndrome) and the US parent coordinators didn't realize it. It seems Chris was trying his best to warn the courts she had a problem, but for some reason and i don't know why, he has a medical degree, he didn't catch it. Japan is going to give her medical attention, but they are not going to call it PAS, they are going to call it Domestic Violence. Chris does speak, read, write, and understand Japanese culture much better than Noriko understands American culture. Chris appears to have the means to visit his children here in Japan and to have them visit the USA. Take the parenting plan they made in the USA and reverse it, but Japanese Courts has to agree to accept, enforce, and never change it.

    Posted in: American arrested in Fukuoka for kidnapping own kids from ex-wife

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    igotchu

    It appears her assets are not liquid, and its all in US Banks in the form of CD's, Time Deposits, Retirement Plans like (401k), bonds, etc. If she refuses to return to the US with the kids the judge freezes those accounts. She might have been able to liquidate everything when she came back from vacation, then took the cash and ran. She was coached and knew what she was doing. These Japanese attorneys are heartless in these cases.

    Posted in: American father arrested in Japan had asked Tennessee court for help

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    igotchu

    This has nothing to do with the Hague. Japanese courts will simply consult with Tennessee courts on the parenting plan. They have in the past looked at laws from other states and referred to them in their rulings. I'm advocating both courts talk with each other to settle this. I believe the two courts can make an agreement to respect both courts ruling.

    Posted in: American father arrested in Japan had asked Tennessee court for help

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    igotchu

    1)Jusrisdiction of the divorce goes to Japan, divorce is agreed to by both parties and signed at the ward office. 2)Japanese Court accepts Tennessee Courts ruling on joint custody and parenting plan, but with some changes 3)Children habitual residence is Japan 4)Noriko agrees to put a bond on each of the children to ensure Chris' visitation rights, whereas Noriko's visitation rights to Japan now become Chris' visitation rights to the US. Noriko will also agree to give Chris and his family unlimited access to his children whenever he visits Japan 5)Chris' alimony is reduced to $200,000.00 6) Tennessee courts agree to accept the new arrangement under the condition Japanese Courts agree to never alter the parenting plan without their approval and vice-versa 7) Noriko agrees to counseling to help her accept and understand the role of Chris' new family 8)The children return to the US with Chris to say goodbye to their family and friends 9)Chris gets a get out of jail free card

    Posted in: American father arrested in Japan had asked Tennessee court for help

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    igotchu

    Six months is still enough time to claim habitual residence. It really doesn't matter, the argument is about his rights of access to his children. The Tennessee courts ruling still stands in my view. I can see why he went ballistic, "I just paid you $800,000.00 and my kids are where? Are you nuts?" (Joke) Who is trying to get over on who?

    Posted in: American arrested in Fukuoka for kidnapping own kids from ex-wife

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    igotchu

    Man go here and read this. This is gona make all men scream. The Japanese need to free this man and send him and his children back to the U.S.

    http://www.google.com/hostednews/ap/article/ALeqM5i1wNIMvNzJOj4tJ3S-nfVaZ6lCGAD9B2JQA80

    Posted in: American arrested in Fukuoka for kidnapping own kids from ex-wife

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    igotchu

    Had Chris Lawyers fulfilled the Japanese Courts criteria for recognition of a foreign courts ruling in the US it would have made his case stronger, but the reality is it would not have made one bit of difference because of their so called "PUBLIC POLICY" requirement. They effectively shoot all foreign court rulings down with this argument. They delay the court proceedings, then claim habitual residence and jurisdiction now belongs to Japan. We've seen this happen too many times.

    Posted in: American arrested in Fukuoka for kidnapping own kids from ex-wife

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    igotchu

    Teiku, Chris and Noriko, both had a home and permanent mailing address in the state of Tennessee for one year. That makes Tennessee the state of Habitual Residence and gives their courts the authority to rule on the divorce. Chris' nationality is irrelevant, two foreigners with habitual residence in the US can file for divorce. I can see your point, he may have lured her to the US to get the divorce. I believe the Tennessee courts made their decision to hear the case based upon rather or not Chris' parental rights would be recognized by Japanese courts and was this in the best interest of the children. One can argue that a US Court has taken jurisdiction over the case because of human rights concerns, whereas Japanese courts would not recognize these rights. I would agree that his lawyers handled this badly in the beginning. The key point is who has sovereignty over the case.

    Posted in: American arrested in Fukuoka for kidnapping own kids from ex-wife

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    igotchu

    hollywood1, Japanese courts will not honor foreign courts ruling when it comes to custody battles between foreign parents and Japanese parents. With that said , the Japanese Law does have four conditions in which they will honor foreign court's ruling.(1)foreign court has jurisdiction and is the final court; (2)Japanese national must be served the final ruling; (3)cannot violate Japanese Public Policy or Morales; and (4)reciprocity. Japanese courts will not recognize Chris ruling from the Tennessee Courts because they have not met the criteria for one, final court and two, Public Policy. Public Policy is the one they use when the foreign parent has met all the other criteria. They will simply say it goes against Japanese Public Policy.

    Posted in: American father arrested in Japan had asked Tennessee court for help

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    igotchu

    Nigel Boy, please write the answer to my questions.

    Did the Tennessee Courts give Noriko custody of her children? yes or no

    Did the Tennessee Courts grant her visitation rights? yes or no

    Did the Tennessee Courts allow her take her children for visits to Japan? yes or no

    Will the Tennessee Courts enforce Noriko's parental rights? absolutely

    Will Japanese Courts grant Custody to Chris? no or never

    Will Japanese Courts give Chris visitation rights? maybe no or never

    Will Japanese Courts allow Chris to take his children for visits to America? never

    Will Japanese Courts enforce Chris parental rights? Hell No!!

    Posted in: American father arrested in Japan had asked Tennessee court for help

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