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Online M.Capestro

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ABC News (Australia) on abductions to Japan
« on: May 23, 2012, 12:20:39 PM »
Japan vows to close child abduction black hole
ABC News (Australia)
Updated May 22, 2012 14:15:41   
by Mark Willacy
 
Article below. Follow this link to listen to the preview radio broadcast: http://bit.ly/Jqo9pT
Follow this link for more information on the full broadcast, which is not available for viewing outside of Australia: http://www.abc.net.au/foreign/content/2012/s3508549.htm
 
Japan has been described as an international black hole for child abduction - a place where a Japanese national can run to with their children in the wake of a broken international marriage.
 
Once in the country, Japanese parents are protected by the country's police and courts.
 
Foreign parents are often completely frozen out of their childrens' lives.
 
Kyoto's Doshishi University professor of law Colin Jones says while Japan may well keep its promise to sign the Hague Convention, he is pessimistic about it actually adhering to the letter of it.
 
"Who wants to be the first judge to order a crying child to be taken away from a crying Japanese mother and sent overseas? Nobody," he told Foreign Correspondent.
 
"When we talk about family law in Japan today, there really isn't any."
 
One of Alex Kahney's most precious memories is a home video of him playing guitar and singing Born to be Wild with his two daughters, Kay-lee and Selena.
 
It is all he has left, because two years ago he returned home from work in Tokyo to an empty house.
 
"I went to the police, I said to the police, 'My wife's taken my kids out of the house without my permission'. The policeman laughed," he said.
 
"The first two or three months I was shattered, the first six months I was numb.
 
"I've been disowned. I might as well be a ghost."
 
Mr Kahney's Japanese wife snatched their children away, and he has not been able to speak with them since they were taken two years ago.
 
And despite a Japanese court order now giving Mr Kahney monthly access to his daughters, his wife will not allow him to see them.
 
In desperation he tries to talk with them every now and then as they leave school.
 
It is a harrowing scene. His daughters ignore him, and eventually they run off down the street.
 
"They just ignore me, I'm nothing," he said.
 
No joint custody
But it is not just a problem for parents of international marriages whose children are snatched and taken to Japan.
 
Japan is a country in which joint custody is not recognised in domestic divorces, meaning hundreds of thousands of parents are frozen out of their kids' lives.
 
When Rina Furuichi was diagnosed with depression five years ago, her husband filed for divorce and abducted their daughter.
 
As in other custody dispute cases, the court declared possession nine-tenths of the law, so Ms Furuichi is only allowed to see her daughter once a month.
 
"It's only for three hours," she said.
 
"I tell my daughter that you weren't abandoned by your mother, your mother loves you."
 
These days, Ms Furuichi is seeking the path to enlightenment as a Buddhist monk.
 
Mr Kahney still misses singing with his daughters.
 
Having run out of money, he is leaving Japan and heading back to Britain.

Offline SageDad

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Re: ABC News (Australia) on abductions to Japan
« Reply #1 on: May 23, 2012, 03:42:36 PM »
Newspaper referred to Australian Federal Police
 May 23, 2012 - 5:33PM
 http://www.brisbanetimes.com.au/queensland/newspaper-referred-to-australian-federal-police-20120523-1z51j.html
 
 The Australian Federal Police is assessing whether to investigate The Courier-Mail after the newspaper was reported to the Chief Justice of the Family Court and the Federal Attorney-General for publishing the photographs and names of four children at the centre of an international custody battle.
 
 The Chief Justice of the Family Court referred The Courier-Mail to the Federal Attorney-General's office.
 
 The Department of the Attorney-General has in turn referred the case to the Australian Federal Police, which is deciding whether to launch an official investigation into the matter.
 The move means charges could be laid against the News Limited-owned paper for contravening the Family Law Act.
 
 On May 15 and 16, The Courier-Mail published on its front page – as well as inside the paper – photos of the four sisters, who had been ordered back to Italy, where their father lives, so their parents could take part in a custody court case.
 
 On the day the newspaper identified the girls they were on the run with their great-grandmother while their mother fronted the Family Court to appeal the original decision.
 
 A spokeswoman for the Chief Justice of the Family Court, Diana Bryant, said Ms Bryant had brought the newspaper's actions to Federal Attorney-General's notice.
 
 "The Chief Justice of the Family Court, Diana Bryant, has brought to the Attorney-General's notice, articles that appeared in The Courier-Mail that appear to constitute a breach of section 121 of the Family Law Act by publishing photographs and names of children involved in proceedings in the Family Court," she said in a statement to brisbanetimes.com.au.
 
 The Department of the Attorney-General then referred The Courier-Mail to the AFP. 
 
 An AFP spokeswoman said the referral was being evaluated before a possible investigation would take place. The evaluation process considers relevant Commonwealth legislation, the likelihood of a criminal offence and the AFP's resources.
 
 The family at the centre of the allegations cannot be named for legal reasons and came to the attention of the national media after a judge ordered the Italian-born daughters back to the country for custody hearings.
 
 Some media outlets incorrectly reported the girls were being sent back to Italy for the sole reason to live with their father.
 
 A Brisbane Family Court judge refused to hear any applications to keep the children in the country after the original ruling was made whilst the children were in hiding.
 
 They went into hiding with their great-grandmother for a week and were found by police on the Sunshine Coast last Monday. The High Court has agreed not to send the girls back to Italy until their appeal has been heard.
 
 Last week, after the girls' photos and names were published in The Courier-Mail, their grandmother told brisbanetimes.com.au she was surprised by the move, but praised the newspaper's coverage of the case.
 
 Comment has been sought from The Courier-Mail.
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