Mail an Amerikanischen Rechtsanwalt Thomas Flippen in Osaka am 27.3.2003

Betreff:Child abduction from Germany

Dear Mr. Thomas Flippen,

I read the article in the internet on the pages of the asahi news, about Your fight for Mr. Sam Lui.

I need the help of a attorney in Osaka, because the following happened:

My ex-wife Shoko Yamakawa abducted our 7 years old daugther Nina Born / Yamakawa to Japan without my agreement. This happened  between the beginning of the german Christmas holiday (After the 22 th December 2002) and the beginning of the new year 2003.

I heared about the abduction for the first time on the 9 th of January 2003 during a telephone conversation with my german attorney. He told me that he got a letter from my ex-wife's attorney, which says that my ex-wife and our daugther are in Japan for relocation.

There was a hearing before the german family court on the 23 th of january. I got a decree on the 27 th of January that our daughter Nina have to come back to Germany.

I enclosed the decision of the German family court in Japanese language as a part of this Mail.

It is important  for a child to have a relationship to both parents. The Years Nina lived here in Germany were very important. The change into another cutural background will be not easy for Nina.

Before I can engage You, to enforce the Germany decree in front of the responsible Japanese court, I like to know how much money it will cost about.

Yours sincerely
Stefan Born
Email: stefan.born@stadt.duesseldorf.de

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Mail von Amerikanischen Rechtsanwalt Thomas Flippen in Osaka am 28.3.2003

Betreff: Re: Child abduction from Germany

Mr. Born -

Fundamentally, and in general, if your judgment constitutes a final
judgment as defined by German law;  and if Germany would enforce a
similar judgment from Japan;  and  if your wife was properly (as defined
by Japanese law) notified  of or participated in the proceedings in
Germany;  and assuming German law and procedures do not offend the
Japanese law definition of fairness and due process (unlikely), then yes
- what you have would be enforceable in Japan.

Regardless, however, because Japan is not a signatory to the relevant
Hague Convention I can tell you from recent sad experience on behalf of
another client under strikingly similar circumstances (judgment from a
US state court) that enforcement is almost impossible to actually
effect.  Enforcement litigation must first be initiated, and what
happens after that would be almost totally controlled by what actions
your wife decides to take.  Time and money are the result, and when
combined with litigation can, perhaps, be used to encourage a
negotiated agreement about custody and visitation.  Perhaps.

The recent experience referred to suggests a retainer of not less than
one million five hundred thousand (1,500,000)  Japanese Yen (ca. 12000 Euro) is appropriate.  Against that we  would charge  hourly fees - and I can
almost guarantee that more money would  be  required.  And I can
absolutely guarantee that you would need to retain an attorney in
Germany sufficiently experienced and credentialed to provide us with an
affidavit attesting to the points of German law listed the the opening
paragraph, above.

Please let me know if you wish to proceed.

Regards,
Thomas A. Flippen, II
Resident Foreign Legal Consultant
Attorney At Law (Alaska-California)
Yamaguchi Int'l Law Offices
Osaka, Japan