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Sangetsu (Offline)
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Join Date: May 2008
Location: 東京都
09-30-2009, 12:09 AM

Quote:
Originally Posted by Nathan View Post
Most people who are commenting on the article either did not read it fully, or are blissfully ignorant that American laws do not apply to the whole world.

The man obtained the court order after she already had the children with her in Japan. The man did not have a legal standing to go and attempt to retrieve them, as from Japan's legal standpoint he became the kidnapper.

The comments are pretty sad; don't marry foreigners, shame on the Consulate - it should have helped a US citizen break a foreign country's laws!

At least some of the later comments point out the flawed thinking of the earlier ones.
The US has treaties with many countries in the world, and those who violate laws in America and flee to these countries can expect to be arrested and returned to America where they will have their day in court. It appears that the man's wife has had a warrant issued for her arrest for illegally removing her kids from America (kidnapping), it remains to be seen whether or not Japan is willing to extradite her back to America to face the charges (unlikely).

The US consulate should have let the man and his children enter, it was legally obligated to do so. Had the man made it to the consulate, he would have been technically on US soil, and Japanese law would not no longer have applied to him or his children.

This is a sad case which often occurs. Unlike in America and other countries, Japan only respects the rights of the Japanese parent. This gives the foreign parents few options but do to what the man in the story did.

If these were your children, what would you do? Just let them go and never see or speak to them again? Could you live with yourself? I'm actually quite proud that this man had the courage to do what he did, maybe it will open up a few eyes and motivate a few changes in Japanese law.
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