{"id":527,"date":"2007-08-09T02:16:04","date_gmt":"2007-08-08T17:16:04","guid":{"rendered":"http:\/\/www.debito.org\/?p=527"},"modified":"2008-04-23T12:14:38","modified_gmt":"2008-04-23T03:14:38","slug":"japan-times-series-on-divorce-and-child-abduction-in-japan-in-part-inspired-by-debitoorg","status":"publish","type":"post","link":"https:\/\/www.debito.org\/?p=527","title":{"rendered":"Japan Times&#8217; series on divorce and child abduction in Japan, in part inspired by Debito.org"},"content":{"rendered":"<p>Hi Blog.  On Tuesday, August 7, 2007, the Japan Times ran three articles from Michael Hassett, Colin Jones, and Mark Smith, on divorce and child abduction in Japan.  Wonderful!  <\/p>\n<p>But first, a word from one of the authors, Michael Hassett.  Arudou Debito in Sapporo<\/p>\n<p>=================================<br \/>\n<i><b>August 6, 2007<br \/>\nDear Debito,<\/b><\/i><\/p>\n<p>I just wanted to let you know that an e-mail exchange that we had about two months ago has surprisingly developed into an article that will be published in &#8220;The Japan Times&#8221; tomorrow. <a href=\"https:\/\/www.debito.org\/hassettondivorce080607.doc\">I have attached the full version.<\/a> A few small changes might be made.<\/p>\n<p>For the print version of the newspaper, the article had to be shortened to a thousand words&#8211;so we just included the part about Japan, along with the conclusion&#8211;but a reference will be made to the full version, which will be posted online.<\/p>\n<p>It is my understanding that this is going to be one in a collection of three articles&#8211;all on the themes of divorce, child custody, and child abduction&#8211;that will be published across the community and lifestyle sections tomorrow.<\/p>\n<p>A lot of the credit for this article belongs to you. Your e-mail containing the story about your trip back to upstate New York and the emotional visits that you had with your daughter stimulated me to contemplate the likelihood of such events occurring, as I expressed in the e-mail that I then sent to you, the details of which I researched afterward to confirm the estimates I initially made.<\/p>\n<p>I know that I and possibly many others do not provide feedback that often, but rest assured that we often find your reports stimulating and appreciate the time you take to keep us all informed.  Michael Hassett, Tokyo<\/p>\n<p>================================<\/p>\n<p><b>THE ZEIT GIST<br \/>\nLosing custody: the odds<br \/>\nBy MICHAEL HASSETT<br \/>\nSpecial to The Japan Times, August 6, 2007<\/b><br \/>\n<a href=\"http:\/\/search.japantimes.co.jp\/cgi-bin\/fl20070807z3.html\">http:\/\/search.japantimes.co.jp\/cgi-bin\/fl20070807z3.html<\/a><\/p>\n<p>The turmoil of an acquaintance&#8217;s divorce recently caused me to contemplate the predictability of falling into such a mess.<\/p>\n<p>This particular individual has not seen one of his children since July 2004, two years before his divorce was even finalized. A separate friend informed me that that \u00a52 million and a good lawyer were able to convince his ex-wife to allow him access to his daughter three times a year \u2014 yet for only 30 minutes each time and with the provision that he was not allowed to tell his daughter that he was her biological father.<\/p>\n<p>Many of us have heard of high-profile cases of divorce in Japan \u2014 such as former prime minister Junichiro Koizumi going two decades without seeing his youngest son, and the two children of Murray Wood being taken from their home in Canada by their Japanese mother \u2014 and we sympathize with the parents and particularly the children involved in these complex, highly emotional clashes.<\/p>\n<p>But, increasingly in Japan, parents are divorcing, and one parent \u2014 usually the father \u2014 is losing custody of any children created during the marriage.<\/p>\n<p>For those contemplating marriage in Japan or those currently in seemingly happy marriages here \u2014 particularly men \u2014 thoughts must be, &#8220;Could this happen to me? What is the risk?&#8221;<\/p>\n<p>Specifically, can we determine the probability that a man who marries in Japan will have at least one child with his spouse, then divorce, and subsequently lose custody of any children? This likelihood is not that difficult to calculate, and sadly, it is rather high \u2014 over 21 percent&#8230;<\/p>\n<p>Rest of the article at:<br \/>\n<a href=\"http:\/\/search.japantimes.co.jp\/cgi-bin\/fl20070807z3.html\">http:\/\/search.japantimes.co.jp\/cgi-bin\/fl20070807z3.html<\/a><\/p>\n<p>================================<\/p>\n<p><b>THE ZEIT GIST<br \/>\nCOMMUNITY: PARENTAL ABDUCTION<br \/>\nHow will Japan respond?<br \/>\nBy COLIN P.A. JONES<br \/>\nSpecial to The Japan Times, August 7, 2007<\/b><br \/>\n<a href=\"http:\/\/search.japantimes.co.jp\/cgi-bin\/fl20070807z2.html\">http:\/\/search.japantimes.co.jp\/cgi-bin\/fl20070807z2.html<\/a><\/p>\n<p>Japan has gotten a reputation as a haven for international parental child abduction. Cases making the news tend to be like that of Murray Wood, whose two children were spirited to Japan by their Japanese mother, even though Wood was granted custody by a Canadian court. A Saitama judge ignored the Canadian judgment by ratifying the children&#8217;s Japanese living arrangements. This story is hardly unique, as is evidenced by a list on the Children&#8217;s Rights Network of Japan Web site (www.crnjapan.com), which was set up by aggrieved non-Japanese parent.<\/p>\n<p>The term &#8220;Japanese family law&#8221; may seem like an oxymoron to anyone who has experienced the well-intentioned but often ineffectual efforts of Japan&#8217;s family courts in child-custody cases, particularly when a foreign parent is involved. Some foreign consular officers are privately scathing when discussing such cases. Diplomats from one G-8 country who discussed the problem with family-court representatives were even told that in such disputes, custody would always be awarded to the Japanese parent \u2014 because only they, not the foreign parent, have a family register.<\/p>\n<p>The U.S. State Department&#8217;s Web site describes compliance with Japanese family-court orders as &#8220;essentially voluntary, which renders any ruling unenforceable unless both parents agree.&#8221; Since the courts cannot enforce the return of an abducted child or visitation, they often seem to take the easy way out by finding the status quo to be in the best interests of the children involved. How else can they avoid appearing powerless and irrelevant?<\/p>\n<p>Rest of the article at:<br \/>\n<a href=\"http:\/\/search.japantimes.co.jp\/cgi-bin\/fl20070807z2.html\">http:\/\/search.japantimes.co.jp\/cgi-bin\/fl20070807z2.html<\/a><br \/>\n================================<\/p>\n<p><b>THE ZEIT GIST<br \/>\nU.S. takes tougher line on abductions to Japan<br \/>\nBy MARK SMITH<br \/>\nSpecial to The Japan Times, August 7, 2007<\/b><br \/>\n<a href=\"http:\/\/search.japantimes.co.jp\/cgi-bin\/fl20070807z1.html\">http:\/\/search.japantimes.co.jp\/cgi-bin\/fl20070807z1.html<\/a><\/p>\n<p>Despite Ronald MacKinnon&#8217;s fears that his child would be abducted, the New Jersey Supreme Court in the U.S. recently gave permission for his divorced Japanese wife, Erika, to relocate with their daughter to Okinawa. On July 30, the U.S. Supreme Court denied a stay, so Erika is free to leave.<\/p>\n<p>One might think that these precedents would have custodial parents racing to resubmit requests for international relocation. But instead, we may be about to witness a tsunami of cases similar to MacKinnon&#8217;s, albeit with a different outcome.<\/p>\n<p>The gist of the NJSC ruling was that special factors are not required to distinguish international from domestic relocations. They reaffirmed that neither &#8220;fear (of abduction) alone&#8221; nor a country not being a signatory to the Hague Convention on the Civil Aspects of International Child Abduction should unnecessarily penalize a law-abiding parent. But two important aspects may have been overlooked.<\/p>\n<p>First, the NJSC repeatedly pointed out that Erika had returned with Justine from trips to Japan in the past. Why, they queried, would she now choose to abduct?<\/p>\n<p>The answer is that without a court&#8217;s permission to relocate, removing a child to Japan is a clear criminal violation. In such cases, the court typically awards sole custody to the left-behind parent within weeks or even days of the abduction and both local and federal arrest warrants for the Japanese parent are forthcoming. An Interpol notice follows, which makes the abducting parent subject to detention in countries worldwide \u2014 a prisoner within Japan. But when a court has given permission to relocate, the hurdles to proving a crime grow tremendously, complicated by thousands of miles and a legal system not very responsive on matters of international comity.<\/p>\n<p>Rest of the article at<br \/>\n<a href=\"http:\/\/search.japantimes.co.jp\/cgi-bin\/fl20070807z1.html\">http:\/\/search.japantimes.co.jp\/cgi-bin\/fl20070807z1.html<\/a><\/p>\n<p>ENDS\n<\/p>\n<p><!--c9f9bfb84c00d335ed72d10d8cc04e5e--><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Michael Hassett writes about divorce in Japan for The Japan Times, and tells me in advance that Debito.org in part inspired the article.  Two more articles come out from Mark Smith and Colin Jones on the same subject the same day.  Capital!<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,12,11],"tags":[],"class_list":["post-527","post","type-post","status-publish","format-standard","hentry","category-human-rights","category-immigration-assimilation","category-problematic-foreign-treatment"],"_links":{"self":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/527","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=527"}],"version-history":[{"count":0,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/527\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=527"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=527"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=527"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}