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Hello from New York

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mitchum22

Junior Member
New York is my home.

Newbie here, and I'm thrilled to have found these forums. (And I apologize up front for making my first post such a long one, but the situation with my daughter is rather complicated. And I will try to keep the obvious animosity to a minimum.)

My daughter Saya was born in December 2004, about 18 months after her mom and I were married. (My wife's name is Satomi.) Saya-chan was born in Kumamoto, Japan -- and is a citizen of both the US and Japan. During her first year of life, because of green card and post-partum issues, she lived in Japan and I would go back and forth to see her every couple of months. In late 2005, all things were resolved regarding my wife's health and travel/work status.

Beginning in early 2006, I began to wait, and wait, and wait. Saya's mom had no reasons at all to remain in Japan(no job, living with her parents) and a new, bigger apartment was gotten by me here in NYC for my new baby and her mom. But nothing happened. Satomi(my wife) kept postponing their arrival month after month. (I continued to travel to Japan, but not as often due to a more restrictive job.) Satomi finally did come back to NYC(WITHOUT Saya) in late June of 2006, because if she had not, her temporary green card would expire. (She literally arrived at JFK Airport 2 days before deadline.)

But no Saya. Satomi went back to Japan after getting her customs stamp, supposedly to retrieve our daughter. But July become September, and then in October, Saya's mother disappeared with Saya.

No calls were answered. No emails. I tried to get in touch with my wife's parents, who do not speak English. I finally had a Japanese friend call them. They refused to talk about Saya or Satomi. By December 2006 -- Saya's 2nd birthday -- it was obvious that something terrible had happened. I had no idea where my wife or my daughter were living. (Or if they were alive.) Of course, I wanted to just get on an airplane and fly to Kumamoto. But what started happening is that my wife's parents even refused to speak to anyone concerning me. They now would just hang up. So to fly 8,000 only to find a door slammed in my face seemed -- at that point -- pointless.

I filed a child kidnapping report with the NYPD. They bumped it up first to the FBI, and then Homeland Security and the US Embassy in Tokyo got involved. But what finally located my daughter was the hiring of a Japanese PI -- a wonderful woman who specializes in Japanese moms just disappearing with their children(an affliction which seems pretty common in Japan).

It turns out that Satomi in October of 2006 just decided on her own to begin a new life. She moved to Tokyo, got a job with Merrill Lynch, and started an affair with some married IT guy from ML. And at last, in the early summer of 2007, Saya's mom got in touch with me.

I say Satomi decided to start a new life. Not a new life with our daughter, for Saya was just dumped on her grandparents back in Kumamoto(a wonderful, southern city in Japan). Satomi did not even see her daughter for SIX MONTHS after moving to Tokyo. VOLUNTARILY. She just didn't want the responsibility, I guess.

Fast forward. For the past two years, I have done everything I can to get my daughter within reach. Japanese law regarding child custody is extremely racist. Fathers of non-Japanese blood have ZERO custody rights in Japan. So I was not allowed to visit my daughter or even talk to her for 2007 & 2008. Meanwhile -- and this is very important -- my daughter Saya had no parents. I was unilaterally banned from her life(without any legal action taken by anyone in Japan), and Satomi did nothing as a mother. Didn't live with her, didn't feed her, sleep with her, teach her, play with her. Nothing.

During this time, I had a choice. Clearly, because of the laws of Japan and Saya's mother's "psychology", I had to either kiss Satomi's behind, try and coax her back to the US(where obviously I could take major action) -- or forget about my daughter and begin a new family.

The second choice was NEVER for a moment considered. Abandon my daughter to this creature?

So, for the past two years, I have done everything to get Satomi back to the States. And in March 2009, I finally succeeded. Satomi arrived that month(without Saya), under the assumption that once Satomi got a job here and found her own place, she would go back to Kumamoto and get Saya. Satomi got a job beginning May 1 at Mitsubishi, and found her own apartment also in May. (She was living with me until then.)

But guess what? A complication. Satomi refused to go and get our daughter because the new job at Mitsubishi required a three-month probation period, ending on August 1st. Okay, that's fair, especially in this economy. So it was decided, she would go and retrieve Saya in early August, once she passed her probation. (She did pass.)

Also, in July, Satomi and I had our "final" marital interview with Immigration regarding her getting her permanent green card. She did.

To summarize, I stayed married to Satomi, supported her green card through kidnapping, disappearance, adultery and endless lies; and I kissed her backside the whole time for one reason only -- because if I hadn't, I would never have a life with my daughter. Or at least not before she's a teenager. She would have just been hidden away in Japan, with no kind of "mother".

Well, Satomi got her final green card in July and passed her probation on August 1st. No Saya. August is almost gone. The idea of spending the long Labor Day weekend by bringing Saya to NYC is not going to happen.

And over the past week, have come a flurry of new excuses as to why Satomi cannot go to Japan until -- get this -- early 2010, when Saya will already be 5 years old. Her work is too busy. Her dad is having surgery in September & October, so Saya's grandmother will not be able to come with Saya to New York. She wants Saya to go to some special school which isn't accepting kids until 2010. She's thinking of moving to New Jersey.

That's the sad story. I have treated Saya's mother as someone who has a bomb strapped to herself and who threatens to blow everything and everyone up whenever she is asked to do something she doesn't like. (Like taking care of her own little girl!)

At this point, the obvious move is to file a petition against this "human" for child neglect with Family Court here in NYC. But since there is nothing a NY court can do to get Saya out of Japan if her mother doesn't want her around, I'm not sure if that's the smart move. I know I will not wait to finally get my daughter until 2010, but boy this is really being between a rock and a hard place.

The move for my 4-year-old from Japan to New York will be traumatic enough without all this potential legal agony. One thing I made Satomi promise me when I took her in last March was that when it came time for Saya to arrive, we would both do all we could to create as much harmony as possible between her parents. But you see what the reality has been instead.

Again, I'm sorry for this long and confusing post. Thanks in advance for your thoughts.What is the name of your state (only U.S. law)?
 


mitchum22

Junior Member
New York does NOT have jurisdiction over the child. Fly to Japan and pick up your daughter.
Saya does not speak English, is fanatically attached to her grandmother(the only person in the world who has been allowed to take care of her), has not seen her father for 3 years, has not seen her mother in 6 months -- and I'm supposed to just swoop down out of nowhere and get her.

And what do you mean New York does not have jurisdiction? I live here and so does her mother. Saya is a US citizen. Why would NY not oversee this?
 

BL

Senior Member
Saya does not speak English, is fanatically attached to her grandmother(the only person in the world who has been allowed to take care of her), has not seen her father for 3 years, has not seen her mother in 6 months -- and I'm supposed to just swoop down out of nowhere and get her.

And what do you mean New York does not have jurisdiction? I live here and so does her mother. Saya is a US citizen. Why would NY not oversee this?
What is it you expect ?

This is an international situation ,above what a forum can offer you .

Consult a Lawyer in NY.
 

Ohiogal

Queen Bee
The CHILD has lived in Japan for almost five years. Under the Hague Convention since the child lives in Japan for the last two years -- JAPAN has jurisdiction. There are arguments that could be made since both parents are here but Japan would have to relinguish jurisdiction. You are the one who waited your child's lifetime to even try to see her.
 

Proserpina

Senior Member
OP, there may be some useful resources here: http://www.crnjapan.com/ - something of a clearinghouse relating to Japanese Child Custody Law, Child Support, Divorce Visitation Rights and other Family Law Resources.

OG, I'm getting conflicting info on Japan and the Hague Convention: can you verify further?

The Japan Times Online is suggesting they haven't actually signed yet, and the State Dept also doesn't list Japan as a signatory yet (according to their website anyway http://travel.state.gov/family/abduction/hague_issues/hague_issues_1487.html).

But I've also seen a couple of sources indicating that Japan is indeed a signatory. Now I'm just confused as all heck.

Specially after reading this (again from the State Dept):

Japan is not a Hague Convention signatory and U.S. court custody decisions are not enforceable in Japan. Almost all children born to a Japanese parent and a U.S. citizen since the 1980s are recognized as Japanese citizens and may travel on Japanese passports issued in the U.S. even if the left-behind parent in the U.S. does not agree to the issuance of a U.S. passport. The embassy and our consulates do not have access to Japanese Immigration records and cannot confirm that a child has entered or departed Japan. The Japanese government will not refuse entry to one of its citizens, even if that citizen is a dual-national child subject to a U.S. court-based custody decision and enters on a U.S. passport. The embassy and our consulates cannot serve process, appear in court on a U.S.-based parent’s behalf or carry out U.S.-based arrest warrants. Parents who attempt to re-abduct their children from Japan may be subject to kidnapping charges.
(this could be entirely moot too - if that's the case, just tell me and I'll not spend the next three hours trying to dig up Japanese custody references :eek: )
 
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Ohiogal

Queen Bee
Scratch what I said. Dad cannot retrieve his daughter from Japan. Japan has jurisdiction under their laws. Dad your daughter is in Japan until mom brings her back. Or her grandparents release the child to you to knowingly allow you to bring her. AGAIN do NOT fly to Japan and get your daughter. You have to deal with JAPANESE COURTS.

Thanks for the info Dog. I apologize.
 

Proserpina

Senior Member
Scratch what I said. Dad cannot retrieve his daughter from Japan. Japan has jurisdiction under their laws. Dad your daughter is in Japan until mom brings her back. Or her grandparents release the child to you to knowingly allow you to bring her. AGAIN do NOT fly to Japan and get your daughter. You have to deal with JAPANESE COURTS.

Thanks for the info Dog. I apologize.
Can't we all just have everyone sign the darned thing? I mean really... it protects the rights of parent and child - how can that be a bad thing?

Don't mind me. It just bugs the living daylights out of me when kids are the ones who lose out when we grown-ups are playing at politics. :eek:
 

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