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  • The Toland Child Abduction Case: making waves in the wake of the Savoie Case

    Posted by Dr. ARUDOU, Debito on October 15th, 2009

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    Hi Blog.  I’ve been following another case of child abduction to Japan, that of Paul Toland, US Navy Commander, who lost his daughter Erika to an international divorce with a Japanese and abduction seven years ago. Then when his ex-wife died two years ago, custody went not to the only surviving parent in existence, but to the Japanese mother-in-law!  Background follows, but Toland has been pushing on both sides of the Pacific for reforms, and he just might succeed.  Keep an eye on this one. Arudou Debito in Sapporo

    More on the Toland Case case here:
    http://www.crnjapan.net/The_Japan_Childrens_Rights_Network/res-crn-av.html
    (page down to Radio Interviews)

    CNN:

    Download that report in mp4 format here:
    http://www.debito.org/video/CNN093009.mp4

    Background to the case, according to his Facebook entry (which has nearly 800 members, join if you like), courtesy:

    http://www.facebook.com/group.php?gid=98937667971&ref=ts

    On July 13th 2003, Erika Toland was abducted from her home at Negishi Navy Family Housing in Yokohama, Japan. She was abducted by her mother, Etsuko Toland, who subsequently died on October 31st, 2007. Since the death of her mother, Erika has been held by her maternal Grandmother, Akiko Futagi. For six long years her father, Commander Paul Toland, US Navy, has been trying to see his daughter Erika, but to no avail. Erika is held in Japan, a haven for international child abduction. Japan is the only G7 country that is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. The United States Department of State is not aware of any case in which a child taken by one parent has been ordered returned to the United States by Japanese courts, even when the left-behind parent has a United States custody decree.


    You can see Erika’s abduction discussed on the Floor of the United States House of Representatives at
    http://www.c-spanarchives.org/congress/?q=node/77531&id=9005768and see Paul discussing Erika’s case on CNN at http://www.cnn.com/video/#/video/bestoftv/2009/09/29/cb.dad.behind.bars.cnn?


    On March 11, 2009, the United States House of Representatives unanimously passed House Resolution 125 by a vote of 418-0. This Resolution condemned Japan for its actions on International Child Abduction and called on Japan to sign the Hague Convention. This Congressional resolution described Japan as “a United States ally which does not recognize intra-familial child abduction as a crime, and though its family laws do not discriminate by nationality, Japanese courts give no recognition to the parental rights of the non-Japanese parent, fail to enforce United States court orders relating to child custody or visitation, and place no effective obligation on the Japanese parent to allow parental visits for their child.”


    On May 21, 2009, the United States, the United Kingdom, France and Canada released a joint press statement condemning Japan for it’s actions on International Child Abduction, and calling on Japan to sign the Hague Convention. These four nations together with one voice stated that “the left-behind parents of children abducted to or from Japan have little realistic hope of having their children returned and encounter great difficulties in obtaining access to their children and exercising their parental rights and responsibilities.” These countries urged Japan “to identify and implement measures to enable parents who are separated from their children to maintain contact with them and to visit them,” and described the “failure to develop tangible solutions to most cases of parental child abduction in Japan particularly troubling.”


    Nothing in this world is more important than a parent’s love for their child. Equally important is a society’s responsibility to allow a child to love and know both of their parents. This is where Japan has failed.


    Today, Erika remains separated from her father, with no means of return. Her father has spent his life savings trying to return her, but Japan does not even recognize parental or intrafamilial child abduction as a crime, so the situation remains grim. Please join us in continuing to press the US Government for the return of our children from Japan.

    Most recent message to the members of Facebook HELP BRING ERIKA TOLAND HOME. (http://www.facebook.com/group.php?gid=98937667971&ref=ts)

    ——————–
    Subject: Update to Erika’s Case, October 14, 2009

    Friends,

    I want to thank you all again for your continued support.  Your support, comments, thoughts and prayers give me strength and keep me going over here thousands of miles away from home.

    Yesterday was a productive day.  I attended a working group at the Japanese Diet (Parliament) on reforming family law in Japan.  The last time this group met was in July, before the Japanese elections which swept a new party into power, and before the case of Christopher Savoie.  The working group was covered by CNN, NBC and others.  I had been told that in the past, there were usually one or two diet members at this working group, but yesterday there were 23 diet members present, far more than at any of the past working groups.  Many left behind parents attended, mostly Japanese, although American parents Steve Christie and Paul Wong were also in attendance.  Steve and Paul deserve a lot of credit.  They live here in Japan and spend countless hours lobbying Japanese diet members on our cause, and when they find a sympathetic member, they then contact the Embassy to put US officials in contact with that diet member.  They are doing great work and deserve
    much credit.

    Anyway, back to the Diet session.  I did have the opportunity to get up in front of the diet members and discuss Erika’s case.  I stressed that the most important thing in reforming family law in Japan was enforcement.  Japan has no enforcement of their family law, and that is really at the root of the problem.  Any legal system without enforcement is powerless, and the laws of that system are therefore nothing more than worthless shreds of paper.  I explained to them that officials from the US Embassy asked to visit Erika and were told “no” by the Grandmother, and even officials from Japan’s Ministry of Foreign Affairs asked to visit Erika and were told “No” by the Grandmother, and all anyone could say to me is “sorry, we tried.”  This is the end result of a legal system without enforcement.  It amounts to nothing more than anarchy.

    I also stressed urgency.  This working group has been meeting for two years now, and this was their 12th meeting, yet no legislation has been proposed in Japan to reform family law.  I explained that while they meet and have discussions, our children grow older every day, and we continue to miss out on their lives, and children like Erika miss out on the opportunity to be reunited with loving parents.  I also explained to them that I was going to Erika’s house this coming weekend to bring her birthday presents for her seventh birthday.

    My presentation to the diet members was met with considerable interest, and they had numerous questions for me, so I hope this  effort at least bears some fruit.

    I also had a three-hour interview yesterday with a reporter from the Yomiuri Shimbun, the largest newspaper in Japan.  This is my first time talking to the Japanese language press in depth.  The reporter seemed genuinely sympathetic, but I have seen how the Japanese press has reported on this issue in the past, and have been generally disappointed with the results.  The reporter told me that they try to “balance” the issue.  However, none of the abducting spouses ever grant press interviews, so I think that speaks for itself.

    An article came out today in ABC news, and while the article was good, I read over the comments posted by readers, and realize that many Japanese are posting comments attacking this issue.  These readers are not very well informed about the nature of Japanese family law (or maybe they are well informed, but they are simply against any reform to Japanese law).  I ask that you all go to the article at http://www.facebook.com/l/f2bfe;abcnews.go.com/International/fighting-custody-abducted-children-japan/comments?type=story&id=8817579 and post your own informed comments.

    I am prepared for attacks from those who do not want family law reform in Japan, and I even welcome these attacks.  When a cause is just, there is no need to fear. Ghandi said, “First they ingore you, then they laugh at you, then they fight you, then…you win.”  This issue has been ignored and laughed at for years, but now those who are against this can no longer ignore us, so they are attacking us.  That is a good thing, because it only means that we are closer to real change.

    Tomorrow, I plan to guest lecture two classes at Waseda University.  Congressman Smith will hopefully be here by the weekend.  I will write again soon.  Thank you all again.  Sincerely,  Paul
    ——————–

    To reply to this message, follow the link below:
    http://www.facebook.com/n/?inbox/readmessage.php&t=187044323708&mid=13f79f5G23e55442G2f9572dG0

    7 Responses to “The Toland Child Abduction Case: making waves in the wake of the Savoie Case”

    1. Hoofin Says:

      It is nice to see that Chris Smtih will be in town. He has been a Congressman in New Jersey for a long time, from around the Trenton suburbs.

      Although he focuses a lot on pro-life issues, he is also very much pro-family. And what is hitting the news cycle here in Japan is very much on that PRO-FAMILY issue.

      I am surprised he hasn’t been paid a visit yet by one of the Japan Bribe Posse / lobbyist gang on Capitol Hill. Maybe threaten to move some of that port business in Elizabeth down to Delaware or something . . .

    2. arin Says:

      Ghandi said, “First they ingore you, then they laugh at you, then they fight you, then…you win.”

      Thank you so much for this. I will keep this in mind.

    3. Ashley Says:

      “Japan does not recognise PARENTAL or intrafamilial child abduction as a crime.”

      What? Will someone please tell Chris Savoie?

    4. Hottest 2009 Trends » Blog Archive » The Toland Child Abduction Case: making waves in the wake of the Savoie Case Says:

      […] this article: The Toland Child Abduction Case: making waves in the wake of the Savoie Case Tags: both-sides, case, child-abduction, daughter, ex-wife-died, his-daughter, pacif, seven-years, […]

    5. john k Says:

      It is powerful statements thus:
      “..This is the end result of a legal system without enforcement. It amounts to nothing more than anarchy…”
      that GoJ cannot ignore.

      To do so, just invites more scorn, from the wider international media and other countries, not just disgruntled NJ fathers. Since, they may ignore the requests and pleading from NJs for their children, but this, accusation of ‘anarchy’, is right on the money. There is no stone to hide behind when faced with this one and only logical conclusion. One can sense the “military” strategy” coming out here, jolly well done Paul about time. Will be interesting to see how ‘they’ react.

      If you keep going down this sole road of ‘attack’, i am sure success will follow. Any deviation, for whatever reason, will end in failure….so keep plugging away.

    6. Kim Says:

      Is Congressman Chris Smith the only hero in Congress that cares about this issue of International Child Abduction? I say this because I can’t get a reply from my congressman to support HR3240 The International Child Abduction Prevention Act of 2009. I am not only one that can not get a response from their congressman. Health Care Reform, Iran, and unemployment are not the only things that matters to the American people. It has been 29 years since the Hague Convention was created. When 7 out of 10 children never see American soil again is a serious human issue. It is time for the rest of Congress to join Congressman Smith and co-sponsor HR3240 so these left behind parent’s have a chance to hug and love their child again. Call your congressman today.

    7. debito Says:

      UPDATE:

      Paul Toland sent a message to the members of HELP BRING ERIKA TOLAND HOME.

      ——————–
      (no subject)

      Hello friends,

      I’m still in recovery mode after the long flight back from Japan, but I’m glad to be home. There have been some solid diplomatic efforts over the past week that I would like to bring to your attention. On Friday, October 16th (the same day I visited Erika in Japan to give her birthday presents), the Ambassadors of the United States, United Kingdom, France, Canada, Australia, New Zealand, Spain and Italy all met with Japan’s justice minister to urge Japan to comply with international norms in International Child Abduction.

      View the CNN video here http://www.facebook.com/l/9be0b;www.cnn.com/2009/WORLD/asiapcf/10/16/japan.abduction.treaty.sign/#cnnSTCVideo and read the joint statement from these EIGHT nations at http://www.facebook.com/l/9be0b;tokyo.usembassy.gov/e/p/tp-20091016-78.html. The joint statement in part reads “The left-behind parents of children abducted to or from Japan have little realistic hope of having their children returned and encounter great difficulties in obtaining access to their children and exercising their parental rights and responsibilities. Because parental child abduction involving Japan affects so many of our citizens, we, the Ambassadors to Japan of Canada, France, Italy, New Zealand, Spain, the United Kingdom and the United States, and the Deputy Head of Mission from the Embassy of Australia, called on Justice Minister Chiba today to address our concerns.”

      Yesterday was another important day as Assistant Secretary of State for East Asian and Pacific Affairs, Mr. Kurt Campbell, and Assistant Secretary of State for Consular Affairs, Ms. Janice Jacobs, held a private town hall meeting with approximately 25 parents who have had children abducted to Japan. While the specific content of the discussion was private, I will say that I am confident that both Secretaries now know and understand the concerns addressed by the parents at the meeting. We have received a commitment from both Secretaries to take our concerns into account when moving forward on this issue, and we hope they put those intentions into action.

      It was great to see so many of the parents from so many parts of the country attend yesterday’s town hall meeting. Many thanks go out to those who traveled from as far away as California, Oregon and Washington State to be there. Many of the parents (myself included) spent the afternoon yesterday at Congress meeting with our respective Congressional representatives.

      I had the opportunity to speak to Christopher Savoie today. I ask that you continue to keep Christopher and his family in your thoughts and prayers as he continues to recover from his ordeal in Japanese jail. Eventually he will be speaking out about his situation, but for now he is spending some well-deserved time resting and recovering with his family.

      Finally, I would like to ask any of you who may live in the Tokyo area to please support this weekend’s upcoming rally in Japan. This rally has been planned for a long time and a large turnout is expected. The following message was sent to me from Paul Wong to share with you:

      “For those who are in Japan, please try to come to this Saturday’s rally if you can, and bring friends, family, neighbors, and everyone you know to come. The forecast is a nice fall day. These people do not have carry banners, etc. and can even just walk alongside of the main group if they want. The point is to get as many people out there as possible. I’ve been told at least 100 people will there and a large number of the press, particularly Japanese media, have confirmed they will be there. The more people we can get out there, the bigger attention we will get on this issue. For those parents living overseas, please tell your friends and everyone that you and your friends know in Japan to join us.”

      The meeting time is 12:30 PM and the start time is 1:30 PM. The location will be in front of the muscle theater in Shibuya, on Keyaki Street in Yoyogi Park. This rally is being held in connection with “UN Week 2009”. While Japan has signed the UN Convention on the Rights of the Child, Japan has not complied with its requirements and has not passed a single law to comply with the convention. This protest will encourage Japan to comply with the UN Convention, sign onto the Hague Convention and reform its family law system to include enforcement, joint custody and visitation rights. A link to the actual flyer is at http://www.facebook.com/l/9be0b;crcjapan.files.wordpress.com/2009/10/street-rally-oct-24-2009.pdf

      Thank you, Paul
      ——————–

      To reply to this message, follow the link below:
      http://www.facebook.com/n/?inbox/readmessage.php&t=165050410285&mid=14c7ddfG23e55442G30ed694G0

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