More on parental abductions in Japan

Here is more on the continuing coverage of parental child abductions in Japan. The post below has tidbits of Terry’s article posted at Japan Today. My previous posts on the issue.
Terry Lloyd (Japan, Inc.) writes: “After the U.S. presidential election, the first foreign trip by new Secretary of State Hillary Clinton was to Japan. Then in a symbolic action within a symbolic trip, Clinton visited with the Japanese families whose children and relatives were abducted by the North Koreans over a 30-year period since the 1970s.
Clinton told reporters, “On a very personal and, you know, human basis, I don’t know that I’ll be meeting as a secretary of state any more than I will be meeting with them as a wife, a mother, a daughter, a sister.”
But there was one segment of the population in Japan that felt Clinton’s words were more like daggers than bandages. That segment is the foreign parents of children from international marriages, who have had their children kidnapped by the Japanese parent back to Japan, never to see them again. And while there have been a handful of those North Korean abductees returned to Japan, there has NEVER been a successful return of a mixed nationality child to the foreign parent through diplomacy or court action. Further, U.S. officials say they only know of three cases where mutually agreed returns have occurred. And yet many court actions have been brought against Japanese abductors over the years.
Japan has no concept of joint child custody and that abduction by one parent is not a crime. The judiciary in its wisdom still follows the feudal “Iie system” (house system) whereby it believes that the child should belong to one house only.
Officially, of the 166,000 children involved in divorces in Japan every year, less than 20% of them wind up with the father, and of course in the case of foreign fathers, the number is zero.”
Read the full article here. Follow Japan, Inc. on Twitter.
BTW, here is an interesting comment by hakujinsensei: ”it makes no difference where the child is born or how many passports as long as it is registered in the womans family registry. A woman can start her own registry, but a foreign national may not. He is listed on her registry as a note; married to american national Bob Tom. As soon as they are listed in the that registry, they are property primarily of japan and secondarily of the mother and thirdly of her parents or relatives. Her father is irrelevant. Bottom line, if you marry a japanese national, and you love your children, divorce is NOT an option unless you want to just walk away.”
What’s your take on this?
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This problem is not new, and it is not limited to foreign born parents.
A Japanese expatriate would have the same problem, because a Japanese court is highly unlikely to order a Japanese parent to send that child to a foreign country. Is the burden extraordinarily placed on foreign parents of double kids? Certainly, but this is something people need to know about and deal with before they get married. Is it primarily an issue for men? Yes, because that’s how international marriage in Japan tends to be.
Pre-marital counseling sounds heavy handed, but people need to understand that courts are not going to change their basic policies because parents can’t get along. I’d be interested in hearing whether mediated agreements would be upheld in this case. Any Japanese attorneys out there who know?
Understand that it would also be shocking for a United States court to force a child born in America to live in another country. They’re not going to do it without a compelling reason. If there exists even one case of a US court, essentially, expelling a citizen child pursuant to a divorce (without extraordinary circumstances), I’d like to hear about it.
The best thing people can do is be aware of the problem and before it gets to the point of fighting over their children, decide that the kids come first. Mediation can go a LONG way towards alleviating these problems, if both parents are truly looking out for the best interests of their children…and not simply using them as pawns in a battle designed to continue the marriage under the guise of war.
@ r. mullen: i agree with most of what you said but many couples involved in cases of child custody do not primarily have the child’s interest at heart. too often one of the parents (and i will say the male in this example) is often at the mercy of the courts and his partner (especially if the child is very young). many times the child is used as collateral or as something to punish the other spouse.
i know of a situation where an american was divorced and granted sole custody of the child after it was determined that the former japanese spouse did not want to care for the child. i know of a couple of cases where the japanese father wanted to spend time with his children but the former japanese spouse would not allow it. if it is difficult for a japanese male in his own country to “beat” the courts, i do not expect a non-japanese spouse to have better luck. the same can be said of japanese men that do not pay child support to the former-spouse. this must be corrected. maybe the “rule” of divorcing the family and no longer belonging to the “house” is too strong a cultural norm.
i have met many women in hawaii, california and japan that have the know how to obtain green cards, the path to citizenship or how to get benefits (those that targeted military men). i have met many men in japan that target/marry japanese women in order to get their visa, negotiated agreement to stay in country, avenue to start a business, or some other pre-negotiated mutually beneficial agreement. in these situations neither the foreign male or the japanese female had difficulties UNTIL baby came along.
it was a requirement for me to attend pre-marital counseling (as it is/was with many military members getting married overseas). mediation sounds great but what do you do when the courts decide that it is in the best interest of the child to be raised “japanese” since the child is japanese (as determined by the mother) or due to military member having numerous deployments would create hardship for the child. of course if a japanese male was involved, the man can “claim” his seed and thus the child would be recognized as japanese and if he was generous, he could extend benefits to the former spouse and child.
one can look at the marriage as a contract, a business relationship or arrangement but in the real world emotions, hormones, (in)experience or a combination thereof rears up and slaps hu(e)man in the face. before you know it, the love or lust turns to shove and bust. once a child enters the picture, human nature takes it course once again and well, one may be faced with a situation like those fighting parental-kidnapping of their children.
maybe the rule with american green cards and divorce should be an example. if you divorce the one you sponsored for a green card, you are still financially responsible for X number of years. add a caveat that X, Y and Z will be done when it comes to the children and child custody or face criminal punishment.
to give you a what if, what if an american military serviceman residing on-base decided to keep the kids and asks his japanese wife to leave home due to some actions not deemed proper (financial, drug, blackmarketing, adultry, other). what do you think would happen? he’d be could face charges or at least an investigation AND be asked (or at least highly-recommended) to grant custody to his spouse/former-spouse unless it was determined that it would not be in the best interest of the children. if the military member sends the kids to the grandparents in the USA prior to him changing duty stations (going Stateside) and filed for separation or divorce while in the states and the wife in japan, what do you think will happen if the japanese spouse contacted the commanding officer and claimed that “her” kids were kidnapped? this issues are not cut and dry.
now let joe blow foreigner on a working visa try that. what would happen? all hell would break lose. unlike situations where the japanese police show-up and deem domestic disputes between the husband and wife (both typically japanese), having a foreign spouse involved takes a different turn.
at any rate, if the non-japanese spouse is expected to follow the kanji of the law in japan, i expect the japanese spouse to respect the letter of the law (in the USA using the examples in the story) and not flee with the child if joint custody was awarded or if the japanese spouse no longer wants to be in the marriage. international warrants for arrest were issued for some of the japanese spouses and much like japan did with former-president fujimori, these criminals are protected by their country and not brought to justice.