"Etsuko has ignored all orders of the Court since October 2001..."

Documented: October 29, 2004

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1.    Etsuko and I divorced in 1996.  She was granted custody of the children.  I was given standard visitation by the Court.

2.    The divorce was granted in the United States by the Utah State Courts.  As long as one us remains with significant contact with the state of Utah the Utah State Courts will have continuing jurisdiction.

3.    An important note is that Etsuko claimed, in October 2001, in formal Court documents--a deposition, that she has been a citizen of the United States of America since 1998.  This makes it her duty and responsibility to keep and uphold the laws of the United States and the state of Utah where she has resided from 1985-86 and 1988-90 and continuously from 1994-2001 and where she is registered to vote and files taxes.

4.    In June 1999, I was contacted by the Utah State Department of Child and Family Services (DCFS) about abuse allegations concerning Mr. Daren Leon Allred--my ex-wife's current spouse.  I attempted to discuss the events with my ex-wife but she told me to mind my own business.

5.    In July 1999, DCFS substantiated the abuse charges against Mr. Allred.  In a plea bargain Mr. Allred later had the substantiation dropped because he agreed to enter counseling.  Unfortunately, he has not received any counseling.

6.    At that point (July 1999) I began an investigation to get some background information on Mr. Allred and learned of his previous behavior.  The information caused me to question the safety of my children while with him.

7.    In September 1999, based on the continued difficulty I was having with Etsuko relating to visitation and other divorce related matters including the abuse allegation against Mr. Allred, I opened a custody modification and the Court ordered a Guardian ad Litem (a specially trained attorney who works with children) be assigned for the boys and appointed a psychological evaluator (Ph.D. in psychology) to perform a custody evaluation for the Court.  It is important to understand that both the boys' attorney and the evaluator were appointed by the Court and NOT hired by me.  The Allred's have led people to believe, and Etsuko even testified at a hearing, that I hired and paid the Court appointed evaluator to say what I wanted her to say.  The evaluation took nearly 2 years to complete.

8.    The initial recommendations to the Judge of the custody evaluator and Guardian ad Litem, based on information gained from all parties involved, including their extensive interviews with the boys, was that the children should spend nearly half of their time with me and half with their mother and that we should share joint legal custody.  The evaluator also recommended Mr. Allred receive counseling for his abusive tendencies.  Here is one excerpt:  "Chris indicated that he would be satisfied if a judge decided that he was to live with his father."

9.    Instead of accepting the recommendations and the thoughts of the boys Ms. Allred decided to litigate the matter in the Utah Courts.

10.    In the meantime, in attempt to separate me from the children and avoid the authority of the Court, Etsuko began plans to move from the USA to Japan.

11.    On October 18, 2001, the Guardian Ad Litem, the specially trained attorney who was appointed by the Judge to represent Michael and Christopher in this case, issued a Memorandum to the Court, when he became aware of the attempt to move the children, his clients, stating "It may very well NOT be in the children's best interest to even move to Japan."  This is the attorney who was appointed by the Court to represent the children because of the abuse substantiation against Mr. Allred.  He was speaking on behalf of his clients and thinking of their best interests.

12.    Having received all of the above information I asked for and received a Temporary Restraining Order (TRO) from the Court on October 19, 2001.  This Order was to keep Etsuko from taking the children out of the state of Utah without prior permission from the Court.

13.    In Court documents dated October 23, 2001, Etsuko claimed that she and the boys should be allowed to travel to Japan on an emergency basis and remain in Japan until the trial in this case.  She told the Court that she would only stay in Japan until trial when she would return to the USA to receive the decision of the Court in this matter.

14.    Etsuko made many attempts to have the TRO dissolved but all were unsuccessful.  While wading through this TRO process the court ordered a follow-up report from the custody evaluator.  The evaluator changed her recommendations based on Etsuko's difficulty in putting the interests of her children ahead of her own and told the court to grant me full, sole legal and physical custody.  The evaluator had this to say on page 4 of the update: (I have added the emphasis-bold & underline) 

"Etsuko's willingness to jeopardize and compromise Chris and Mike's time and relationship with their father by moving to Japan calls into question her willingness to facilitate a relationship between the boys and their father as well as her ability to place the needs of Chris and Mike before her own needs."  

"A move to Japan in this evaluator's opinion severely and significantly compromises the ability of Chris and Mike to maintain a close and meaningful relationship with their father.  As such, the move is not seen as serving their best interests in that it significantly undermines and jeopardizes an ongoing relationship with their father."  

From page 5 of the report:

"In light of Etsuko's evidenced difficulty placing the needs of the boys before her own as well as facilitating and fostering a relationship between the boys and their father it is recommended that Chris and Mike remain in Utah in the primary care of their father as opposed to moving to Japan."

On another note, I should mention that Daren has basically abandoned his two children here in Utah.  According to them and their mother he does not even try to contact them on a regular basis.  One of the Allreds stated reasons (to the custody evaluator) for wanting to move to Japan was because Daren was not having contact with his kids here so they thought they would have a better chance of building his relationship with them if they moved to Japan.  Really odd if you ask me. 

15.    On November 27, 2001, in a Hearing brief filed with the Court by Etsuko she once again asked the Court to allow her to "spend the next sixty days or so in Japan while awaiting trial in this matter."  Again, Etsuko told the Court she would comply with Court orders and return for trial if allowed to go to Japan for 60 or so days with the boys.

16.    On November 27, 2001, Judge Michael Burton heard testimony on Etsuko's last attempt to have the TRO dissolved.  Judge Burton took the matter under advisement.  This did not remove the TRO.

17.    The morning of November 28, 2001, Ms. Allred took the children and violated the TRO and absconded to Japan.  She did not have the permission of the Court.  Mr. Allred was already in Japan.  The Court did later remove the TRO, after she fled to Japan, stating "it is no good if she is not here."

18.    It is important to understand that even before Etsuko left the USA the Court ordered us to work out and jointly agree to a Parenting Plan in case the Judge decided to let Etsuko go to Japan and in case she won at trial.  This Parenting Plan was made by Etsuko and her attorney and she swore an oath in front of the Judge agreeing to abide by the Plan.  This plan was to be reciprocal if the Judge allowed her to stay in Japan with the children or if I was awarded custody and she stayed in Japan with the children here in Utah.  In any event, she has been found by the Court to have violated this Plan and is in Contempt.  

19.    On February 05, 2002, the Court ordered Etsuko to return to the USA with the children and attend the trial which had been set months earlier and which she had notice of.  In documents Etsuko presented to the Court on this day she argued that she and the children did not need to attend the trial and said "The Judge will have the opportunity to make adjustments as he sees fit at trial."  The Judge did not agree with Etsuko and ordered her to bring the children back with her to the USA to attend the trial at the end of February.

20.    Trial was held February 25-26, 2002.  Each side presented evidence and witnesses.  Even though Etsuko had been ordered to return with the children to the USA for this trial she refused and ignored the Court's order, remained in Japan, and detained the children in Japan against the order of the Court.  The Court heard the evidence presented by the Court appointed custody evaluator, the Guardian Ad Litem, reviewed the numerous documents/exhibits submitted by each party and based on the testimony offered, evidence submitted, and laws of the state of Utah made a ruling based on case law and statute.

21.    On February 26, 2002, the Judge entered a partial ruling and again ordered Etsuko to return to the USA with the children on or before March 27, 2002, so he could speak with her and then make his final ruling.  He also ordered Etsuko to make all arrangements and pay for the trip back from Japan for her and the children and he ordered that she communicate with me and arrange for a period of visitation between the children and me between March 27 (or earlier) - April 2, 2002.

22.    Etsuko has remained in Japan against Judge Burton's two (2) orders to return to America.  On February 05, 2002, she was ordered to return with the children for the trial which had been scheduled for February 25-26, 2002, and on February 26, 2002, she was ordered to return to the USA on or before March 27, 2002, and present herself and the children to the Court on that day for the Judges final order in this case.

23.    Etsuko has ignored all orders of the Court since October 2001, and on March 27, 2002, I was granted full, sole legal and physical custody of both children and she was ordered to return them to my care immediately.  She has failed to do so and now the United States government and the state of Utah are pursing criminal charges against both Mr. and Mrs. Allred.

24.    Mr. and Mrs. Allred have been charged with the Federal criminal charges of International Parental Kidnapping and aiding and abetting--2 counts each.  The Utah Court (Judge Burton) has already found her guilty of contempt as well as making specific findings that the Allreds have committed the offenses of custodial interference, child abuse, interference with a public servants duties and obstruction of justice.  Likewise, Utah criminal charges they face are felony custodial interference-2 counts each. Etsuko and Daren Allred also have Interpol/ICPO (International Criminal Police Organization) Red Notices for their arrest for International Kidnapping and Crimes against children.

25. In her attempts to keep me from collecting the judgments I received from the Utah courts against her, Etsuko filed Chapter 7 Bankruptcy and asked the bankruptcy court to discharge or wash away the debts she has to me.  This was simply a method of delay because ALL of the debts--child support and related debts--she was asking to have discharged are/were NOT dischargeable under US Bankruptcy Law.  True to form, Etsuko did not comply with any Bankruptcy Court Orders nor directives of the court or the Trustee for the Court.  In the end her bankruptcy discharge was denied by the court and judgment against her was entered in my favor on October 20, 2004.  You can view the related bankruptcy court documents on this site.

26. On April 29, 2004, the Utah Court of Appeals ordered Etsuko to return the children to my custody and submit to the orders of the trial court.  It gave her 30 days from April 30, 2004, to do this.  Instead of complying with the Utah Court of Appeals Order, Etsuko filed an appeal with the Utah Supreme Court.  The Utah Supreme Court denied her appeal on August 04, 2004, and also denied her petition for rehearing on August 23, 2004.  The Utah Court of Appeals issued its final order dismissing her appeal and granting my motion for summary disposition on October 15, 2004.  Etsuko has exhausted all her appeals and the matter is final and fully litigated.  Many court documents/orders from the case can be viewed on this site.

Notes

*1: Some attachments are not included due to legal restrictions on copying the documents.

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