All of Japan wants North Korea to account for the abductions of children like Megumi Yokota and return her if she is still
alive. But despite this nationally shared experience of grief, the Japanese government will not return children
from other countries abducted to Japan by Japanese citizens. Further, Japan refuses international calls to sign
the Hague Convention on the Civil Aspects of International
Child Abduction. This widely signed treaty requires a country to expeditiously return abducted children to their country
of habitual residence. The same thing Japan is asking of North Korea!! Japan is the only member of the G7
who has not signed this treaty.
日本人でない親が自国で親権を認められながら、一方の日本人である親によって子供を日本へ誘拐されるケースが多くあります。ひとたび子供が日本に入国してしまうと、日本の裁判所は外国人の親権を認めようとしません。他の国やインターポール(国際警察)からの子供誘拐の逮捕令状でさえも重要視しません。親権のある親は日本の裁判所に訴えることができますが、日本の裁判は判決までに何年もかかります。そして最終的には実際にその頃までに日本に順応している子供を今更外国に出すことはない、という判決が出るのが落ちです。このような現実があるので、日本人の中には外国から自分の子供を誘拐して日本に入国してしまえば良いと思う人がでてきます。一旦日本に来てしまえば、親権のあるもう一方の親が法的措置をとっても、外国人であるために日本では法的に不利であるからです。
保護命令が他国から出されていない場合、日本人の親は子供を連れて日本を訪問し、もう一方の親の同意なしに単に日本に滞在させておきます。これは子供の住み慣れた国に居住する権利の侵害です。多くの場合、取り残されたもう一方の親は、自国で法的な親権を裁判所に求めます。それから先は上記の「日本への子供の誘拐」と同じ状況になるので、これを「合法的な日本への子供の誘拐」と表します。
カップルが結婚していて日本に住んでいる場合、一方の親が子供を連れて突然家出をします。親戚の家に身を寄せたり、どこかに隠れてしまう場合もあります。結婚していて、両親共に親権があるので、これは違法ではありません。しかし、「時代遅れの子供の親権、監護権に関する法律」、「時代遅れの子供との面接交渉に関する法律」そして、なるべく係わらないようにするという警察と裁判所の基本的態度のため、子供が連れ去られた状態が恒常的なものになってしまいます。この状態は、一般的に離婚に至る間によく起こる事態です。そして面接交渉権には強制力がないため、もう一方の親は、子供に会うことができなくなります。結果的に国際的な子供の誘拐と同じことになるので、この状況を「日本国内での合法的誘拐」とよびます。
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我が子と間違い3歳男児を連れ去り 容疑の男女3人逮捕; (J) 2007年11月28日;
調べでは、3人は27日午後6時15分ごろ、愛容疑者の長男(4)が通う私立保育園前から、母親(24)に抱かれた男児(3)を奪い、乗用車で連れ去った疑い。愛容疑者の長男と思い込んだという。車内で長男の名前を呼ぶうちに人違いに気付き、約10分後に現場に戻ったところを署員に取り押さえられた。愛容疑者は離婚した元夫(28)に長男の養育を任せ、2年以上会っていなかったという。
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Yamanashi dad busted for child abduction; (J) June 3, 2007; The man took his 2-year-old daughter from his former wife's
house on the morning of June 1st. The girl's mother contacted the police and the pair were discovered about 2 hours later a short distance from the same house. The woman got custody of their daughter when the couple divorced about 1 month earlier.
- Oldest Son Taken, 25 year Old Father Apprehended; Television Fukushima; April 9, 2007. (cached copy)
- Crime Spree - Foreigners who turn to Japan’s justice system for help find themselves ignored. Is incompetence to blame—or racism?;
Metropolis Magazine;
March 15, 2007. Several true stories of encounters between foreign residents of Japan and Japanese police. The last is about an in-country child abduction and how the police ignored the friend of the Japanese mother who had just beaten up
the foreign father, Steve Christy, and then detained him, helping the abducting Japanese mother get away. This seems to answer the question posed in the title. (cached copy)
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Part 1 of 4: Frustrated Fathers of
Abducted Children Turn to Public for Support; (By Kirsten Brown Scripps Howard Foundation Wire) Washington,
December 15, 2006. Four fathers quietly filed into a theater to watch "Abduction: The Megumi Yokota Story," a
documentary about North Korea's kidnapping of Japanese citizens in the 1970s and 1980s. If the names Walter Benda, Patrick
Braden, Chris Kenyon and Paul Toland don't sound Japanese, it's because they're not. But their children are half-Japanese,
and these fathers say Japan has committed the same crime against them that Japan accuses North Korea of committing.
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Part 2 of 4: Abducted Child Speaks Out
About His Escape From Japan; (By Kirsten Brown Scripps Howard Foundation Wire) Washington, December 15, 2006. There
is a saying in Japan: "If you look back as you're departing and you see the setting sun, you will return." On his last day
of summer vacation, Chris Gulbraa, 15, rode his bike away from his home in Kasugai, Japan, without looking back - he had no
intention of returning. Instead, he planned to fly to a reunion with his U.S. father, five years after his mother took him
and his brother to Japan. He is the only child known to have returned on his own from such a separation.
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Part 3 of 4: Restraining Order Doesn't
Stop Mother From Taking 1-year-old; (By Kirsten Brown Scripps Howard Foundation Wire) Washington, December 15,
2006. Patrick Braden spent only the first 11 months of his daughter's life with her before she was taken across the Pacific
by her mother, Ryoko Uchiyama. The night before their disappearance, Braden received a peculiar phone call from his
ex-girlfriend, Uchiyama, who asked if he would like to spend a little time with their infant daughter, Melissa.
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Part 4 of 4: Japanese Laws 'Erase'
American Father; (By Kirsten Brown Scripps Howard Foundation Wire) Washington, December 15, 2006. The last
time Brett Weed saw his 6-year-old son, Takoda, the pair was driving in Weed's black Ford pick-up, the one that his son
liked to call, "Daddy's big truck." That was also the day Takoda cheerfully announced, "I have a Japanese daddy." Takoda's
babyish words threw Weed, 42, but it confirmed what he had long suspected: his ex-wife, Kyoko Oda, was slowly replacing him
not only as a spouse but also as a father.
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Jury awards father $3 million: Millersville man's children were taken to Egypt illegally by their mother in 2001;
The Baltimore Sun; December 15, 2006. This outlines an civil case one could bring in court to pressure a parent to
return a child. This particular example is US specific, but this strategy may work in other western countries also.
(cached copy)
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Legal que el padre secuestre
a su hijo; Mal panorama para boricua presa en Japón (Spanish) PRIMERA HORA;
November 2, 2006. Twenty-five year old mother from Puerto Rico, Nilda Franchesca Mangual Torres, is currently being held in Jail in Japan on a weapons charge and a
disturbing the peace charge . She reached an overload point of emotional despair over her inability to see her child, and
the Japanese police and government's unwillingness to help her do so. So she went to the front door of the courthouse in Japan and said
she was going to commit suicide if they did not help her. She apparently held a knife to her stomach. She was arrested and
has been in the jail now for 2 months. There is a huge public outrage in Puerto Rico and the Puerto Rican communities in
New York and Florida in the United States. (cached copy)
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Japanese grandparents
kidnap granddaughter because they don't like man that divorced daughter is dating. October 14, 2006; Supreme
Court suspends 10 month jail sentence from lower court. It's unclear, but it sounds like the child has not been
returned yet. I call this the "OK for grandparents to kidnap" ruling. (cached
copy)
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Missing:
Melissa Braden; The Early Show on CBS; September 19, 2006. This is a transcript of a television interview
with Patrick and FBI agent Herb Brown. (cached copy)
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Child custody
in Japan isn't based on rules; San Francisco Chronicle; August 27, 2006. (Japanese version also available.) A law professor discusses why
institutional reasons rather than cultural ones are to blame for bad family law in Japan. Much of Japan's family law
is based on the need to cover up the fact that Japanese courts are powerless to enforce their own decisions. It
contains an example of culturally biased opinions regarding visitation made by a prominent "family expert" in a book on
visitation, as well as descriptions of apparently mainstream anti-visitation opinions expressed by family court mediators.
Both of these, until now, were only available in Japanese. (cached
copy)
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Gabriolans rally for return of children
abducted to Japan; Gabriola Sounder; Monday, July 24 2006; More on the Murray Wood case and info that children’s
author Sandy Duncan, novelist, Fellow, Royal Society of Canada and Professor Emeritus, McGill University, Georges Szanto,
and his wife, Alison (Kit) Szanto and Professor Emeritus, University of Alberta, Gary Prideaux have written letters of
support for him. (cached copy)
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'It's a heartless country that would separate
loved ones'; The Japan Times; July 18, 2006; Article by sponsored by Japan CRN discussing 4 cases of parental
abduction by Japanese citizens and illustrating support by the Japanese government, despite claims to the contrary by the
Japanese Ambassador to Canada, Sadaaki Numata. (cached
copy)
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Japan Prime Minister Junichiro Koizumi and Canada Prime
Minister Stephen Harper Press Conference Transcript; June 28, 2006. Canadian Prime Minister Harper announced in
this press conference that he discussed international parental abduction to Japan with Japanese Prime Minister Koizumi.
Koizumi has no comment on this matter.
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Radio Interview with Japanese Ambassador to
Canada, Sadaaki Numata, about International Kidnapping case of Murray Wood; March 31, 2006. The Current,
interviewed left-behind parent Murray Wood, international lawyer
Jeremy Morley, and the
Japanese Ambassador to Canada,
Sadaaki Numata (cached copy). They talked
about the Japanese court and government responses to Murray's case and Japan's reputation as a haven for international
abduction. Getting a response on the record from Ambassador Numata was a unique event. He appeared defensive and his
replies show just how different Japan's family values are from so much of the rest of the world.
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Think of the Children : Japan's prejudiced legal system
encourages desperate parents to abduct their own kids; Metropolis Magazine;
January 2006. Front page feature on Japan's prejudiced legal system from this wide circulation free magazine. (cached
copy)
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Japan remains haven for parental abductions;
(日本語版) Kyodo News on
CrissCross Japan; January 6, 2006. This documents the strongest warning yet
from Maura Harty, assistant secretary of the State Department's Bureau of Consular Affairs, "If Japan has been fortunate
enough to not yet have a case where one of their citizens has lost access to their child, that day will come." The
United States said Japan ranks top among East Asian counties in the numbers of parental abduction cases. Annette Marie
Eddie-Callagain, an American lawyer practicing law in Okinawa Prefecture says, "Court orders from other countries are not
recognized because an order from another jurisdiction, according to Japan, is an order that they do not have to follow."
(cached copy)
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Increased cross-national divorces raise concerns over
parental abductions; Japan Economic Newswire Via Thomson Dialog NewsEdge via
TMCNet.com; January 03, 2006. More on the December seminar at the Canadian embassy, and a few more statistics on open
cases in several countries. (cached copy)
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Japan remains safe haven for parental abductions;
Japan Times; December 31, 2005. Discusses Murray Woods' case and mentions Japan CRN. (cached
copy)
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Supreme Court
Decision: Father is a criminal for taking child while living separately from his wife; Asahi Shinbun; December 9, 2005.
(Article in Japanese only) A father who was separated from his wife took his 2 year old son while his wife and the child
were coming back home from nursery school. There is nothing written about the couple being divorced, only 'while
separated.' The judges concluded that it was a crime of abduction. The father was sentenced to 1 year in prison, suspended
for 4 years. (cached copy)
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Parents, experts urge Japan
to sign child custody treaty; Mainichi Daily News; December 4, 2005. An article based on the
Seminar on the Hague Convention and International
Child Abduction at Canadian Embassy. (cached
copy)
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When parents turn kidnappers;
Daily Yomiuri, December 3, 2005. A discussion about the problem of Japanese citizens who internationally abduct their
children to Japan and use the courts to help deny access to the non-Japanese parent. The article interviews two
left-behind parents whose Japanese spouses have done this. This is a welcome change from the recent spate of
"Japanese parents wronged by foreign spouse" articles in the Japanese media.
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国際的な子の奪取の民事面に関するハーグ条約
: マウラ・ハーティー米国国務次官補(領事業務担当); US Embassy in Japan website; December 3, 2005; (cached
copy) Comments on Japan and the Hague Convention on the Civil Aspects of International Child Abduction from
Maura Harty, US Assistant Secretary for Consular Affairs of the State Department.
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別居中の子を連れ去り、父親でも犯罪成立 最高裁決定; 朝日新聞;
2005年12月09日. (cached copy)
(Article in Japanese only) A father who was separated from his wife took his 2 year old son while his wife and the child
were coming back home from nursery school. There is nothing written about the couple being divorced, only 'while
separated.' The judges concluded that it was a crime of abduction. The father was sentenced to 1 year in prison, suspended
for 4 years.
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Lawyer arrested over
daughter's abduction; Japan Today, October 23, 2005. A lawyer and former judge
abducts his 3 year old daughter after his wife was granted custody and then had the grandparents adopt the daughter.
This is interesting because the abduction took place on the day he was supposed to be participating in visitation
proceedings. (This tidbit is not in these articles but comes from someone who saw it on TV.) The
involvement of private detectives suggests he had to pay someone to even find out where his child was. Part of the
issue was also apparently that after getting custody, the mother then had the child adopted by her parents. This shows that
the more familiar you get with the system, the more useless you know it to be. Several articles appeared in Japanese
also. (cached copy)
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Globalization of divorce: The
downside of international romance turned sour; Yomiuri Shinbun; October 15, 2005. A generally disgusting
article that is likely the result of someone trying to rev up the Japanese media machine to justify the increasing number
of international parental abductions by Japanese citizens. But if you read carefully, it confirms that 1) Japan does
not feel the need to observe international convention on jurisdiction nor decisions of non-Japanese family courts. 2)
one child visitation per year is reasonable in Japan 3) Child visitation law is so non-existent in Japan, that even a
Japanese citizen needs to use overseas laws. (cached copy)
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Heartache
for parents caught in overseas custody battles; Stars and Stripes; October 9, 2005; A general article about legal
issues involved with international parental abduction which mentions Japan. (cached
copy)
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Please Bring My Sons Back From Japan; That's Life Magazine Australia; 2005; Detailed story
of kidnapping of Anthony and Jorge Obiso by Sachi Shimada to Japan. (page1
page 2)
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Dad in vigil for stolen sons; The Sunday Mail QLD; June 12, 2005; Story about Sachi Shimada who abducted sons
Anthony and Jorge to Japan, away from their father, George Obiso. (cached
copy)
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Yamila Castellanos: “I know that I
will recover my daughter.”; Cosas.com; April 15, 2005. (original
Spanish) Recounts Yamila's story including details before the abductions. Tells that she had to leave Japan
because she was denied a visa, even though she was participating in a legal battle in court. (cached
copy)
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Why we’re powerless to get back
abducted children; Vancouver Sun; March 15, 2005; "Murray Wood had no idea last November when he kissed 10-year-old
Takara and seven-year-old Manami goodbye at Vancouver International Airport that his ex-wife was abducting them...";
(cached copy)
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Torn between their parents: Murray Wood believed the best care for his two children would be to share their custody with
his ex-wife. He hasn't seen them since November; Vancouver Sun; March 15, 2005; "Like most stories of
parental abductions, this one began with love..."; (cached
copy)
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IRRECONCILABLE
DIFFERENCES: Kids held `hostage' after international marriages fail; Asahi Herald Tribune on January 29, 2005; AERA
magazine on December 4, 2004. Although undeniably intended for a readership of Japanese women, this article does
illustrate child related problems in international marriages. It was also published in AERA, in Japanese, and
mentions CRN Japan. (English cached copy)
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Yamila Castellanos held a protest at the Japanese embassy in
Chile to ask for help getting her daughter back, who was abducted by her Japanese father. Two articles including videos.
Madre sigue luchando por recuperar a hija
llevada por su padre a Japón (cached copy)
Padres apoyan a madre que fue separada de su hija
(cached copy)
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Newsday.com series on International Child Abductions. An excellent online series about worldwide
child abductions (successful and failed) and details a number of reverse abductions to bring children home. It also
includes names of individuals who helped the parents (I have cached copies of all articles, so if these links ever break
or the articles go away, let me know and I will put them up here.)
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Options few after
mom abducts girl - Courts hold no clout for a Honolulu man whose daughter, 5, was taken to Japan; Honolulu Star
Bulletin; December 6, 2004. Alan Kaneda's story about his wife abducting their daughter Marina to Japan. (cached
copy)
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Utah custody battle involves
feds, Japan; Deseret Morning News; October 25, 2004. Mike Gulbraa's story continues, with the surprising
revelation that despite their well-known television commercials in the US focusing on the best interests of children, "One
entity that has resisted getting involved has been The Church of Jesus Christ of Latter-day Saints, of which the divorced
couple remain members." (cached copy)
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When Children Get
Caught Up In Separation; Eye-Ai, Eye
On Society; June 4, 2004. This article was partially based on interviews with Japan CRN members, and so
contains information on a variety of issues including lack of visitation, not signing the Hague Convention on International
Parental Abduction, need for a Parent of Japanese Child visa, and Yamila's case. Includes some Ministry of Health
Labor and Welfare statistics on international divorces and children born out of wedlock.
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Divorced Japanese struggle for right to see
kids (日本語版 / Japanese) Reuters; February 8, 2004.
An interview with Japanese members of Fathers' Website. "Rising divorce rates mean hundreds of thousands more
children are being affected each year. In 2002, there were 2.3 divorces per thousand people, roughly double the rate 25
years earlier and comparable with the 2.4 per thousand level in Germany. Around 300,000 children were involved." Yet one
lawyer estimates that between half and a third of divorced people in Japan are unable to contact their children.
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Japan - A Haven for International Child
Abduction? Hiragana Times; December, 2003. This bilingual article in
the Hiragana Times magazine starts by comparing the issue of Japanese abductees to Korea with that of Japanese parental
kidnapping. It is one of, if not *the* first Japanese language articles published in Japan on the subject, and
features quotes from two CRC Japan participants. (cached copy)
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Tales from Japan's Abandoned Foreign
Parents; The Japan Observer; November 2003. Mostly the story of Frans Pau, a French-Danish national whose wife is
kidnapped their child Isabelle, abandoned her in a children's home, took her again after Frans got her into a school in
Japan. The mother has been sentenced to jail by a French court and is wanted by Interpol. A Japanese court allowed
the mother to change Isabelle's name to Maki despite the fact that Frans had legal custody, even in Japan. After
that, a Japanese court inexplicably gave custody back to the mother. (cached
copy)
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Chilean fights to obtain the safekeeping
of her daughter (Original Spanish: Chilena
lucha por lograr la custodia de su hija); International Press; October 24, 2003. Article on Yamila
Castellanos in a Spanish language newspaper in Tokyo. (cached
copy of original)
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Chilean consulate follows the case of
Yamila (Original Spanish:
Consulado chileno sigue el caso de Yamila); International Press; August 11, 2003. (cached
copy of original)
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Divorced From
Their Children In Japan, Foreign Fathers Have Few Custody Options; (日本語版/
Japanese)Washington Post; July 17, 2003; Page A09. Four fathers with stories of Japanese
mothers "legally abducting" their children to or in Japan. The Japanese government continues to be a haven for child
abductors.
(cached copy)
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Divorce your Japanese wife - and lose your
kids; July 19, 2003; Asia One. Recap of the problems and several cases from a Singapore publication. (cached
copy)
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Imperfect
Alliance U.S., Japan at odds about child abductions; Newsday.com; July 17, 2003. More coverage of Walter Benda
whose wife was indicted for felony international parental kidnapping in the US. (cached
copy)
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South Jordan Dad Longs for
Sons Spirited Away to Japan by Mom; Salt Lake City Tribune; January 19, 2003. The mother of Michael Gulbraa
two sons is charged with two counts of third degree felony for custodial interference and federal counts of international
parental kidnapping and aiding and abetting a fugitive. Japanese authorities continue to claim there has been no crime.
(cached copy)
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Estranged parents snatch
own kids in `abduction friendly' Japan Asahi Shinbun Online; January 27, 2002 A good overview on the subject, with
quotes from multiple victims of this crime as well as experts on related subjects. (cached
copy)
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Parents driven to
'kidnap' children; The Japan Times; December 13, 2000. Discusses Engle Nieman's case as well as David Brian
Thomas. (cached copy)
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The best parents are both
parents; Japan Times; February 6, 2000. David Brian Thomas' story in detail. (cached
copy)
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Parents in International Custody
Battles Fear Impact; Washington Post; February 3, 2000. Information on various worldwide parental abduction cases
in the light of the Elian Gonzalez incident in the US. Included is Walter Benda's well known Japan case. (cached
copy)
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International Parental Child Abduction -
Japan; US State Department document explaining the dangers of parental abduction and other family law problems in
Japan. This has also appeared on the US embassy in Japan website.
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Access Denied
Children innocent victims of custody battles; Daily Yomiuri; December 11, 1999. An article with several
cases of Japanese parents being denied access by other Japanese parents. Same story of using the children as weapons.
(cached copy)
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Lost In A Loophole: Foreigners
Who Are on the Losing End of a Custody Battle in Japan Don't Have Much Recourse; Los Angeles Times, September 19, 1996.
Stories of Walter Benda, David Brian Thomas, Dale Martin and Charles Talley. Describes how lack of a "parent of
Japanese child" visa gives an abducting spouse power, how a hanko can be used for forgery, and quotes a Japanese Foreign
Ministry official on why Japan does not need to sign the Hague Convention on International Parental Abduction.
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The
Japanese said I no longer had a child; The Independent, July 10, 1996. Very detailed story about David Brian
Thomas's loss of his son to his Japanese spouse Mikako Takezawa and her father Hajime Takezawa. (cached
copy)