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: ‘Second-Best Justice: The Virtues of Japanese Private Law’: Championing mediocrity in the courts

Although it comes as no surprise, this short book review speaks volumes about the inept approach of Japanese courts to civil matters:

The Japan Times

‘Second-Best Justice: The Virtues of Japanese Private Law’: Championing mediocrity in the courts

BY

SPECIAL TO THE JAPAN TIMES

Ignore the irony of a tenured Harvard professor railing against the pursuit of excellence and employment security and J. Mark Ramseyer’s book is fun and enlightening.
Second-Best Justice: The Virtues of Japanese Private Law, by J. Mark Ramseyer.
352 pages

THE UNIVERSITY OF CHICAGO PRESS, Nonfiction.

By essentially settling for mediocrity, he argues, Japan’s civil justice system works better than America’s which, in seeking to offer excellent individualized justice to every plaintiff, actually delivers dismal results for most litigants and is easily hijacked by unscrupulous tort lawyers and frivolous class actions. Unlike American juries, Japanese judges decide predictably enough that lawyers (and insurers) know where to settle.

Even when judges get it wrong — Ramseyer cites overprotection of tenants and employees as examples — they do so predictably, meaning employers and landlords can plan accordingly. Some conclusions surprise: Japan has few medical malpractice trials because the public health insurance system is also mediocre, giving most doctors incentives to perform well-established routine procedures rather than try new treatments, a source of much U.S. medical malpractice litigation. At times his assumptions — seemingly based on the “law and economics” orthodoxy that informs much of his work — can distract: whether doctors are “good” is a function of how much income tax they pay, for example. That aside, it’s a useful overview of some key features of Japan’s legal system.

Read archived reviews of Japanese classics at jtimes.jp/essential.

Source:  “‘Second best justice:  the virtues of Japanese private law’:  championing mediocrity in the courts”, Colin P A Jones, The Japan Times, 22 April 2017