Happy Valentines day....but not for this poor guy.
http://
---TOKYO, Japan (CNN) -- Had this custody drama played out in the United States, Christopher Savoie might be considered a hero -- snatching his two little children back from an ex-wife who defied the law and ran off with them.
A Tennessee court awarded Christopher Savoie custody of his son, Isaac, and daughter, Rebecca.
A Tennessee court awarded Christopher Savoie custody of his son, Isaac, and daughter, Rebecca.
But this story unfolds 7,000 miles away in the Japanese city of Fukuoka, where the U.S. legal system holds no sway.
And here, Savoie sits in jail, charged with the abduction of minors. And his Japanese ex-wife -- a fugitive in the United States for taking his children from Tennessee -- is considered the victim.----
This has me enraged and at the same time depressed.
Any thoughts here people?
The real victims here- the kids. This is horrible.
http://
---TOKYO, Japan (CNN) -- Had this custody drama played out in the United States, Christopher Savoie might be considered a hero -- snatching his two little children back from an ex-wife who defied the law and ran off with them.
A Tennessee court awarded Christopher Savoie custody of his son, Isaac, and daughter, Rebecca.
A Tennessee court awarded Christopher Savoie custody of his son, Isaac, and daughter, Rebecca.
But this story unfolds 7,000 miles away in the Japanese city of Fukuoka, where the U.S. legal system holds no sway.
And here, Savoie sits in jail, charged with the abduction of minors. And his Japanese ex-wife -- a fugitive in the United States for taking his children from Tennessee -- is considered the victim.----
This has me enraged and at the same time depressed.
Any thoughts here people?
The real victims here- the kids. This is horrible.
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コメント(14)
I think the Hague Convention has certain rules about the custody of children between American and Japanese couples. This has kept a friend of mine from repatriating (still lives in US). She's having a hard time deciding how to settle her custody problems. She wants to come back to Japan with her children ASAFP but if she does it without the permission of the court, she would be in trouble for sure. I really wonder and suspect that his ex-wife was kind of crazy and there was something else behind the scene we can't see.
That isn't the whole story you know. They lived in japan, and the father moved to the US because they were having problems. THen he convinced his wife to come to the US, and then immediately divorced her, because he knew that if he had divorced her in Japan she would get full custody and he would essentially lose his parental rights. The US courts gave her custody, with him visitation rights but stated that she could not move back to Japan with them (but she could take them on vacation). Since she moved back to Japan, breaking the US law, she is now a fugitive in the US, and he has been awarded full custody.
The article linked to is kind of inflammatory, and though it makes good arguments, it's kind of one-sided and makes the father look like a saint. Also, it's old. The post you link to is recent, but the story they link to about it is from September.
Christopher Savoie had all the charges dropped as was released from jail in November: http://www.cnn.com/2009/WORLD/asiapcf/11/11/japan.custody.battle/index.html
Now, he still doesn't have his kids back, and that is the problem, but he was not prosecuted for trying to take his kids or anything like that, and is not still in jail.
What I don't understand is, they didn't get divorced in Japan, which is a point the Japanese brought up: that they were still legally married in Japan. But if that's the case, then doesn't he still have parental rights if he's still married to the mother? (I mean, maybe they took them away after he tried to take them back to America, but how could they arrest him for that in the first place if he still had his legal rights?)
#3 Parisberlin: Japan is not part of the Hague Convention. That's the problem with the Savoie case. Your friend cannot take her kids back to Japan because of the US law. That has nothing to do with the Hague Convention or Japan. It's just the US law.
The article linked to is kind of inflammatory, and though it makes good arguments, it's kind of one-sided and makes the father look like a saint. Also, it's old. The post you link to is recent, but the story they link to about it is from September.
Christopher Savoie had all the charges dropped as was released from jail in November: http://www.cnn.com/2009/WORLD/asiapcf/11/11/japan.custody.battle/index.html
Now, he still doesn't have his kids back, and that is the problem, but he was not prosecuted for trying to take his kids or anything like that, and is not still in jail.
What I don't understand is, they didn't get divorced in Japan, which is a point the Japanese brought up: that they were still legally married in Japan. But if that's the case, then doesn't he still have parental rights if he's still married to the mother? (I mean, maybe they took them away after he tried to take them back to America, but how could they arrest him for that in the first place if he still had his legal rights?)
#3 Parisberlin: Japan is not part of the Hague Convention. That's the problem with the Savoie case. Your friend cannot take her kids back to Japan because of the US law. That has nothing to do with the Hague Convention or Japan. It's just the US law.
Actually, I brought up this identical issue months ago--and as I said then I repeat again: read the court transcripts that are available, and not the propaganda that has been brewed up. I agree that both parents are being thoroughly immature here; however, if you read things over, it seems quite clear that: a) the children were raised in Japan and speak little English; b) Noriko Savoie had maintained that the children deserve a place where they feel "at home", and as they had not been to the States for any length of time, they were much better off, socially and emotionally, to remain in their "home" culture. That along with many other facts in the case paint a different picture to me: it seems that Mr. Savoie is leveraging his status as a prominent businessman (holding, it seems, both American and Japanese passports) to garner media attention, instead of trying to work things out with his ex-wife. As far as I'm concerned, he tacitly "abducted" his family by bringing them over to the States last summer; meanwhile he quietly gets a divorce in the States and when Noriko comes with the kids he says: oh, thank you; by the way, I've gotten a divorce--so you can leave now.
Disgusting, honestly; I had wanted to side with him, from reading the news reports--but when you dig beneath the surface you find him to be a selfish crybaby who wants to have his own way.
Disgusting, honestly; I had wanted to side with him, from reading the news reports--but when you dig beneath the surface you find him to be a selfish crybaby who wants to have his own way.
6>
Well--there was, and they opted to take it. Christopher Savoie had a restraining order barring Noriko from being around the children without his supervision; she ignored said order and took the children to Japan. If she returns to US soil, she risks being arrested.
Christopher attempted the same thing on Japanese soil, but was caught. Without a doubt, he/his lawyer argued that the Japanese authorities had zero grounds on which to hold him--which is why, ultimately, they let him go. I'm sure they warned him that if he tried such a stunt again, and took his children near an airport, he would be arrested and charged with attempted abduction.
Christopher knew very well that his stunt of "come to America so I can divorce you and keep the kids" was a wager; if it worked out, he'd be able to win the children and Noriko would lose them. Why he just expected Noriko to let go of her blood, I won't understand. What they should have done, legally, was to file for joint custody; he should have kept his head and thought of what was best for his children--and tried to talk things over with Noriko. And Noriko should have tried to be civil about things. (After all, this is a civil matter and should have stayed that way.)
As to why they didn't get divorced: Christopher knew that if they divorced in Japan, Noriko would most likely get custody of the children. Noriko most likely didn't want to be divorced in order to facilitate exactly what she did. Thing is, they used the existing law to play a game of chess; she won, and he blabbed like a spoiled brat to the American media; there, it caught on like wildfire--and subsequently the British and Australian governments began pressing Tokyo about changing its recognition of international agreements.
Had the Japanese signed the Hague Convention, it'd be interesting to see how prima facie would have entered in.
Well--there was, and they opted to take it. Christopher Savoie had a restraining order barring Noriko from being around the children without his supervision; she ignored said order and took the children to Japan. If she returns to US soil, she risks being arrested.
Christopher attempted the same thing on Japanese soil, but was caught. Without a doubt, he/his lawyer argued that the Japanese authorities had zero grounds on which to hold him--which is why, ultimately, they let him go. I'm sure they warned him that if he tried such a stunt again, and took his children near an airport, he would be arrested and charged with attempted abduction.
Christopher knew very well that his stunt of "come to America so I can divorce you and keep the kids" was a wager; if it worked out, he'd be able to win the children and Noriko would lose them. Why he just expected Noriko to let go of her blood, I won't understand. What they should have done, legally, was to file for joint custody; he should have kept his head and thought of what was best for his children--and tried to talk things over with Noriko. And Noriko should have tried to be civil about things. (After all, this is a civil matter and should have stayed that way.)
As to why they didn't get divorced: Christopher knew that if they divorced in Japan, Noriko would most likely get custody of the children. Noriko most likely didn't want to be divorced in order to facilitate exactly what she did. Thing is, they used the existing law to play a game of chess; she won, and he blabbed like a spoiled brat to the American media; there, it caught on like wildfire--and subsequently the British and Australian governments began pressing Tokyo about changing its recognition of international agreements.
Had the Japanese signed the Hague Convention, it'd be interesting to see how prima facie would have entered in.
9>
I hope that they come to an agreement, but as for equal visitation rights...I don't think that kind of agreement exists in Japan, so it'd have to be an agreement between the parents, and I don't see that happening anytime soon. After all, if she were to send the kids to him in America as part of the visitation, at the moment he could legally keep them as the US gave him full custody, and there would be nothing she could do to get those kids back, as she'd be arrested. I don't think his ex-wife would allow him to take the kids unless he lived in Japan, or it was a supervised visit or something. I don't see a favorable solution in the near future.
I hope that they come to an agreement, but as for equal visitation rights...I don't think that kind of agreement exists in Japan, so it'd have to be an agreement between the parents, and I don't see that happening anytime soon. After all, if she were to send the kids to him in America as part of the visitation, at the moment he could legally keep them as the US gave him full custody, and there would be nothing she could do to get those kids back, as she'd be arrested. I don't think his ex-wife would allow him to take the kids unless he lived in Japan, or it was a supervised visit or something. I don't see a favorable solution in the near future.
13>> Every country has laws like that, I think. Outdated laws, I mean. But I must admit that it seems odd to me that upon a divorce the mother is usually awarded full custody and the father is just expected to stay out of his children's life... Can anyone explain to me the reasoning behind this?
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