Wife takes off with Kids - Father chases

[Usui Takumi 1,562]

http://www.cnn.com/2009/WORLD/asiapcf/09/2...tion/index.html

Not sure what to think here other then not very fair.

[Usui Takumi 1,562]

http://www.msnbc.msn.com/id/33086856/ns/to...ing_and_family/

This issue really brought my attention to the issue of abductions when Japanese Citizens immigrate back to Japan. The poor guy doesn't sound like he's got a chance of getting his kids back, though other reports seem to indicate he'll probably be release without charge.

The mother on the other hand is pretty much never going to be able to leave Japan again unless she travels to a country without an extradite treaty to the US.

[Rings 10]

Makes you wonder if these children are USC. If they are she can't come back to America without facing a felony due to the abduction of a United States Citizen. Sad to say that because Japan's laws are different than America's... he may not have much hope. He should have gone about this through the FBI before hoping on a plane.

[Darnell 8,478]

Note to JoeBob -

next time - use 2 identical black window cars, confuse the cops.

Then have a private security team to get yerself into the US Embassy.

IMO (and I'm not even an armchair lawyer ) if he had gotten inside the US Embassy, he would have been ok.

[Usui Takumi 1,562]

Of course with more information this case turns out to be the complete opposite to how it was first reported. Turns out that she wanted to divorce in Japan and he refused (they lived in Japan for 8 years prior to coming to the US in 08). He basically tricked her into coming to the US by saying he wanted to work on the marriage and she believed him. When she arrived he handed her the divorce papers!

This case is a very bad example of the Hague Convention, in fact if the Hague Convention were applied then Japanese Court rulings would have precedent over American rulings. The reason is that one of the articles states that the contracting country of habitual residence has priority. Habitual residence is defined by the place where the children lived for a minimum of 6 months prior to the filing. Since the filing occurred just after there arrival then Japan is still their habitual residence.

At any rate it turns out this bloke is a true jerk, he set up his ex wife and effectively held her hostage in the US, all the while having an affair and getting married to his high school sweet heart.

His Japanese wife arrives in June 08, divorce papers happen in June and he's remarried by January! Yeah..........just shows you that you have to watch a case play out and not go by initial media reports (which frankly had knowledge of the above but failed to report to give the story a US slant)

Also just responding to the above posts - yes she has a warrant out and is facing felony charges, though I'm not sure the children's status....all I know is that they only have Japanese passports.

Edited October 4, 2009 by lancer1655

[Mikkel 0]

Of course with more information this case turns out to be the complete opposite to how it was first reported. Turns out that she wanted to divorce in Japan and he refused (they lived in Japan for 8 years prior to coming to the US in 08). He basically tricked her into coming to the US by saying he wanted to work on the marriage and she believed him. When she arrived he handed her the divorce papers!

This case is a very bad example of the Hague Convention, in fact if the Hague Convention were applied then Japanese Court rulings would have precedent over American rulings. The reason is that one of the articles states that the contracting country of habitual residence has priority. Habitual residence is defined by the place where the children lived for a minimum of 6 months prior to the filing. Since the filing occurred just after there arrival then Japan is still their habitual residence.

At any rate it turns out this bloke is a true jerk, he set up his ex wife and effectively held her hostage in the US, all the while having an affair and getting married to his high school sweet heart.

His Japanese wife arrives in June 08, divorce papers happen in June and he's remarried by January! Yeah..........just shows you that you have to watch a case play out and not go by initial media reports (which frankly had knowledge of the above but failed to report to give the story a US slant)

Also just responding to the above posts - yes she has a warrant out and is facing felony charges, though I'm not sure the children's status....all I know is that they only have Japanese passports.

Can you source this?

[Pinay Wife 47]

This was probably the source:

http://japantherald.blogspot.com/2009/10/n...lt-trapped.html

Edited October 30, 2009 by Pinay Wife

[Usui Takumi 1,562]

Originally I found it on the Japan Probe, but most of the details i've posted are on other news sites (with the exception of maybe MSNBC/CNN).