Extra security checks at Schiphol to prevent child abduction

NL Times

EXTRA SECURITY CHECKS AT SCHIPHOL TO PREVENT CHILD ABDUCTION

Marechaussee

A Marechaussee border agent checks a passport at Schiphol (photo: Marechaussee). A Marechaussee border agent checks a passport at Schiphol (photo: Marechaussee)

A parent or grandparent traveling with a minor child through Schiphol Airport this summer, should take extra time for an additional security check into account. The Koninklijke Marechaussee implemented an additional check in the fight against child abduction, ANP reports.

If you are a family member traveling alone with an underage child, you need the permission from both parents to do so. In this additional check, the Koninklijke Marechaussee will check whether this permission is in place for each child not traveling with both parents. This check could take some time.

“If the permission is not clear, the Koninklijke Marechaussee does additional research, which happens dozens of times a day. This can not be done at the desk. We therefore advise people to leave on time, otherwise there is a chance that the flight will be missed.” Coskun Coruz, director of the International Child Abduction Center, said to the news wire.

Travelers can avoid delays by completing  the center developed with the Ministry of Security and Justice and the Koninklijke Marechaussee – a policing force that works as part of the Dutch military and is responsible for border security, including airports and harbors.

Source:  “Extra security checks at Schiphol to prevent child abduction”, NL Times, 9 June 2017

 

Letter in today’s Japan Times…

The Japan Times

Custody rights remain huge problem

Thank God for Christopher Savoie. I always remember the American father who forced Tokyo to act on the Hague Convention on International Child Abduction.

Years after Hague signing, parent who abducts still wins” in the May 1 edition and “Parental abduction victims hold rally to push for joint custody rights” in the May 6 edition are the most recent additions to my thick file of Japan Times stories on this issue which I began keeping in September 2009.

This is when Christopher Savoie famously, valiantly, virtuously and rightly tried to reclaim his kidnapped children from his Japanese ex-wife by seeking asylum inside the U.S. Consulate in Fukuoka. “Asylum” is self-evidently the right word for it. Ultimately, he failed. The consulate turned him over to Japanese authorities, but the Fukuoka police and prosecutors dropped their case and deported him instead. Prosecuting him would have been too shameful for Japan and cast the country in a humiliating bad light internationally. It was a textbook example of how it (sometimes) takes foreign pressure to move Japan forward.

More attention has been given to the plight of children and their alienated parents since then, but the application of the Hague Convention is not satisfactory. To make it satisfactory requires starting with acknowledging and treating the abducting parent (usually but not exclusively their Japanese mothers) as criminal kidnappers. Active intervention to repatriate the children followed by the prosecution and long imprisonment of the kidnapper are not excessive suggestions.

GRANT PIPER
NAKANO WARD, TOKYO

Parental abduction victims hold rally to push for joint custody rights

The Japan Times

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Parental abduction victims hold rally to push for joint custody rights

BY

STAFF WRITER

Parents deprived of their children held a rally Friday to push for introducing joint custody to the Japanese legal system and to raise awareness of the plight faced by their offspring when marriages fall apart.

Marching through the Asakusa district in Tokyo’s Taito Ward, about 30 Japanese and foreign participants held up a multilingual banner reading, “Stop Parental Child Abduction!”

Demonstrators also carried signs reading “More visitation time” and “Affection from both parents to children” during the hour-long march on Children’s Day.

It was the first rally organized by Kodomo no Kenri wo Mamoru Bekkyo Oya Forum (Forum for Left-Behind Parents Protecting Children’s Rights) to address the problem of parental child abduction in Japan.

“I want people to know that children have the right to see both of their parents and that parents are responsible for accomplishing that,” said Daisuke Tanaka, the organizer of the event.

Tanaka has been struggling to spend time with his daughter since his wife whisked her away in March 2016. Since then, he has only been allowed to meet her twice a month for three hours at a time, he said.

Other participants told The Japan Times similar stories.

In most cases, a spouse abruptly leaves with the children before filing for divorce or custody rights. Tanaka said child abductions will only continue to fester unless Japan approves the concept of granting joint custody.

“It’s usual for the court to give custody to the parent who lives with the child, and that’s why there are so many cases of abduction. If there’s joint custody, better conversations and negotiations would likely take place,” he said.

Michihiko Sugiyama, a lawyer who participated in the demonstration, said the biggest issue is that Japanese law only allows custody to be awarded to one parent. Once separated from his family, he decided to take part in the rally to share his experience.

The civil code requires parents to decide on visitation and custody arrangements, but research shows people are increasingly forgoing such discussions and heading straight to court mediation. In fiscal 2015, 12,264 cases of mediation involving visitation rights were accepted in family courts nationwide, almost double from 10 years earlier, according to court data.

A group of lawmakers is drafting a bill to help divorced or separated parents see their children more easily, but the issue has yet to gain traction. Some are concerned that parents with a history of domestic violence are too dangerous to be granted visitation rights.

Rally participant Susumu Ishizuka, 48, claimed there must be better awareness of the issue because the current perception is that abandoned parents may have committed domestic abuse.

“People who are against such a bill are linking left-behind parents with domestic violence too easily without sufficient understanding,” said Ishizuka, whose spouse ran off with his 5-year-old child three years ago. Their divorce has not been finalized, but according to the court’s decision, he is only permitted to see his child for two hours every two months.

“I can only meet my child in an appointed place, and I’m not allowed to give them presents. This is far from a parent-child relationship,” he said.

Source:  “Parental child abduction victims hold rally to push for joint custody rights”, The Japan Times, 5 May 2017 

Help for those seeking left-behind parents in Japan

The Japan Times

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Help for those seeking left-behind parents in Japan

BY

SPECIAL TO THE JAPAN TIMES

Two adult daughters contacted Lifelines hoping to get help with issues related to their fathers. One is looking for information pertaining to a legal case over her late father’s health while he served in the U.S. armed forces in Okinawa.

First, however, is M.Z., the daughter of a foreign mother and Japanese father. She was taken from Japan as a young child and has not seen her father in 25 years, but she would now like to reestablish contact with him.

Japan formally joined the Hague Convention on International Child Abduction in 2014, which states that children under 16 should be returned to their country of “habitual residence” if taken across international borders by one parent. According to the Foreign Ministry, this move has helped reduce abductions to Japan, and has aided in the successful return of children both to and from Japan. However, the treaty is not retroactive, so it has no bearing on cases that occurred before it came into effect.

M.Z. writes: “My father instructed me to contact him but I was scared and confused, so I didn’t. Now I’m looking for my family in Japan so they can know my children. I have language limitations because I don’t speak or read Japanese. Are there any organizations that help children to contact their Japanese families?” M.Z. adds that she had tried contacting various groups on her own but had met with little support.

I contacted John Gomez at Kizuna Child-Parent Reunion (Kizuna CPR), a Japan-based NPO group that advocates for left-behind parents and their children.

“We are working to enable children in Japan to have loving relationships with both of their parents,” says Gomez. “To achieve this, we support changes in public policy, raise public awareness and help individual cases.”

Sadly, losing contact with a parent is all too common for children of divorce in Japan.

“Within Japan, the research that we have done indicates that since 1992 there have been an estimated 3 million children who have lost access to one of their parents after divorce,” says Gomez. “This is about 1 in 6 children. This figure was derived by looking at divorce statistics and surveys from the Ministry of Health Labor and Welfare, showing what percentage of parents do not visit their children after divorce in Japan. Japanese government officials acknowledge this number when they cite about 150,000 children per year losing access to one of their parents after divorce.”

Gomez adds that in international cases of abduction from the U.S. to Japan alone, more than 400 children have been reported abducted between 1994 and 2015 and almost none of these U.S. children have ever been returned by a Japanese court order.

Gomez encourages M.Z. and others like her to reach out, as many parents have also been seeking their children over the years. He notes that social media and the internet are useful tools for enabling such reunions, and that he has personally witnessed some.

“Never lose hope, never give up,” he advises. “With effort and perseverance, amazing results can occur. As the social mind-set in Japan changes, more reunions will happen. It is a human right for children to have a relationship with both of their parents and among the most important things for any person to experience in their life. This is an important part of what makes us human. Recovering this relationship makes us whole again.”

In a follow-up email to Lifelines, M.Z. echoes this sentiment, explaining that she has developed a new perspective on her situation over time and after becoming a parent herself.

“I didn’t speak about what happened for 20 years,” she writes. “One day browsing on the internet, I found an article about children’s rights in Japan. Until this time I had always thought I grew up in a violent environment, but I have discovered it was so much more complex than that. I’m talking as a daughter, as a mother and as a part of a multicultural family.”

Lifelines wishes M.Z. success in her search for her father. Contact info@kizuna-cpr.org or visit www.kizuna-cpr.org for more information about Kizuna CPR. If anyone has any tips or personal experience in a case like M.Z.’s, please share your story.

American reader A.P. is looking for anyone who knew her father, Howard Grisso:

“My dad served as a weatherman at Naha and the Kadena Air Force Base (in Okinawa) from 1965 to 1966. Last year he passed away from angiosarcoma, which is caused by Agent Orange, according to his oncologist. He began the fight with the U.S. Department of Veterans Affairs prior to his death, but they have denied his case twice and now we are waiting on a hearing/appeal. We have been instructed to get buddy statements and do research on the base. We would like to hear from anyone who may have known Howard Grisso, or has any pictures of the base during that time or any other information.”

If you can help A.P., please contact Lifelines and we will put you in contact with her.

Send your queries and comments to lifelines@japantimes.co.jp.

Source:  “Help for those seeking left behind parents in Japan”, The Japan Times, 26 April 2017

JT leading article (from Jan 2017): “Rules” on handing over a child

The Japan Times

Rules on handing over a child

Court rulings ordering a divorced parent to hand over a child to his or her former spouse are often ignored — largely because there are no specific procedures under the law governing enforcement of such a custody transfer. A revision of the relevant law is imperative to ensure that court decisions on child custody are enforced. There are two important points for consideration — creating a clear rule for the compulsory enforcement of a court order by a legally empowered official, and imposing financial penalties on the parties defying court orders to get them to comply. Either way, due consideration should be paid to the welfare of the children, including the potential psychological damage from the procedure.

In the absence of a specific legal procedure for custody transfers between divorced parents, the Civil Execution Law’s provision on the transfer of movable property is currently referred to in enforcing a court ruling ordering a divorced parent to hand over a child to the other party. But it would not stand to reason to treat children as if they were “property.”

In the case of international marriages, the compulsory execution of a court order on a custody transfer is possible under the 1980 Convention on the Civil Aspects of International Child Abduction, popularly known as the Hague Convention. As of November, 95 countries were parties to the convention, which Japan signed and ratified in 2014. A law setting domestic procedures needed to implement the convention has been enacted and put in force.

The law includes a detailed provision stating what an enforcement officer in charge of removing a child from a parent who abducted that child to Japan and handing that child over to the other parent should and should not do, including the need to try to persuade the abducting parent and asking for police assistance if necessary. The provision says an officer can use some form of power to restrain or make a parent who resists giving up the child comply, but prohibits the officer from using this power if it causes harmful effects on the child. The law says that if a court rules that a child must be moved back to his or her “state of habitual residence,” the parent who won the case can in principle ask for the decision to be executed by an enforcement officer after two weeks have passed. This rule leaves room for the disputing parents to agree on the transfer of the child in an amicable way without the involvement of an enforcement officer.

Last year, Justice Minister Katsutoshi Kaneda asked the Legislative Council, an advisory body, to look into revising the Civil Execution Law to set down specific procedures to enforce court decisions ordering the handover of children between divorced parents. Based on its recommendation, the government is expected to submit a bill for the revision to the Diet as early as next year.

Setting down the relevant procedures makes sense given what is happening to divorced parents and their children. In 2015, there were 97 cases in which divorced parents with parental prerogatives or the care and custody right over their children asked that their former spouses turn the children over to them, but the children were handed over in only 27 of the cases, according to the Supreme Court.

Merely setting the procedures for a compulsory execution of the court order — which would involve an enforcement officer stepping in to physically remove a child from one parent and hand him over to the other — may be too rigid and may not serve the intended purpose of the amendment. The procedures should include an indirect approach that may seem lukewarm but will eventually lead to the transfer of a child. One option would be to fine a parent who refuses to comply with the court and, to encourage compliance, the size of the fine would rise as long as the parent keeps refusing to obey the order.

Priority should be placed on the indirect approach so that the child handover can take place in a more amicable manner. But a mechanism should also be included that will trigger a compulsory enforcement if, for example, it’s suspected that a parent ordered to give up the child is seeking to dodge the ruling by continuing to make the payments. The law to implement the Hague Convention says that the removal of a child must be carried out when the child is together with the parent who took him or her to Japan, out of consideration for the psychological effects on the child. The advisory council should take into account how to minimize the risk of trauma on children in executing court rulings.

Source:  “Rules on handing over a child”, The Japan Times (leader), 26 January 2017