Like many other court hearings that follow a divorce, a court transcript out of Tennessee reflects testimony concerning a couple’s two children:

Attorney: Ms. Savoie. … You have known all along that Dr. Savoie’s biggest fear is that you’re going to take those children to Japan and he’ll never see them again; you know that?

Noriko Savoie: I’ve never split (the) children and (their) father. I know how important (a) father is for children, and I am not going to do that. I keep telling him I’m not going to do that.

Noriko Savoie spoke these words shortly before she did precisely what she promised under oath not to do: In August 2009, she kidnapped Isaac and Rebecca Savoie from their father’s home in Tennessee — away from their school, their friends, their church, and away from their loving father.

They were taken from a country whose laws say it is in a child’s best interest to know and be loved by both parents, and they were abducted to a land that prefers a “clean break” after the dissolution of a marriage — where one parent is expected to disappear forever.

Read the entire article here:

When asked about current cases of international child abduction his response was that resolving current cases was “quite impossible”.

We asked if there was any plan whatsoever to resolve existing cases his response was that the government was discussing modifying Japanese domestic law and signing the Hague and that there were groups that were both for and against signing the Hague and that these groups will be listened to during the upcoming session of the Diet. (evasive)
When we asked about guaranteeing visitation to non-custodial parents Mr. Oguchi responded that he believed that visitation was important for the children. He added that in his opinion, visitation of the non-custodial parent was crucial to reducing child abuse. He stated that he believed that children of divorce should remain in contact with both parents and have the right to be educated by both parents. He stated that visitation of the non-custodial father was a concern due to the possibility of domestic violence. (Gender stereotyping – very concerning)
When Masako asked about the right to secure information about abducted children from governments, schools etc., Mr. Oguchi’s response was that he believed that this information was attainable currently. (completely inaccurate, it is not available to non-custodial parents.)
When asked (again) about resolving existing cases for foreign parents who have had their child abducted to Japan, Mr. Oguchi reiterated that existing cases of international abduction were not open for discussion and would not be considered. He said that MoFA and the MoJ had said it was “impossible”.
Masako pointed out that Japan was continuing to press North Korea to resolve cases of abduction that occurred many years ago and that if Japan does not resolve existing cases of child abduction to Japan it will not reflect favorably upon Japan. She asserted that dealing with existing cases was very important.
Carlos stated that the GoJ MUST create a way to reunite parents and their abducted children in the existing cases, both international and domestic, to not do so was unacceptable. Mr. Oguchi did not respond to this.

I stated that currently, court ordered visitations were being denied by abductors. I asked about enforcement of court ordered visitation rights, what enforcement mechanism was the GoJ going to create to ensure that court orders are not violated? Mr. Oguchi’s response was evasive, he spoke of (jishin ho ho ho) which we questioned…Was he referring to the Civil Execution Law for property? He was. ((because children are basically property in Japan))
Oguchi then said (in complete contrast to his previous answer) that he believed children had a right to see both of their parents. We asserted that only the installation of joint custody would protect those children’s human rights. Current laws are inadequate.
We asked if Japan signs the Hague Convention, would Japan then use the police to find abducted children? Mr. Oguchi said that police were used in cases of crime. If it is a crime then the police would be used.
I asked if Japan has plans to criminalize parental child abduction?
Mr. Oguchi’s response was that if it is judged as a crime by the court then it is possible. (Japan considers abduction a crime when the non-custodial parent, who has no parental rights, takes the child away from the custodial parent.)
He continued that it is difficult to consider this a crime because it is the biological parent ( and custodial parent) who abducted the child. Japan does not consider this a crime.

Carlos asked again if Japan needed to create a law which criminalizes parental abduction by either parent?
Mr. Oguchi responded in an evasive fashion, he talked about the fact that there were current discussions about how Japan can modify domestic laws in order to accede to the Hague convention and still protect women from domestic violence. (We have known this for six months. We know that Japan is trying to find loopholes to the Hague as it is currently written. Japan continues to portray foreign fathers as abusers)
We further discussed violations of agreed upon parenting plans…When visitation is modified, revoked or changed by the custodial parent currently there is no recourse for the non-custodial parent. Mr. Oguchi’s response to this was again that the Civil Execution Law currently in place for property transfers can be used for forced custody transfers. We asserted that this was only effective when the custodial parent voluntarily agrees to give over custody, it is not actually enforcement. Mr. Oguchi stated, regarding enforcement, “it looks difficult”.

Final question by me was to request a comment from Mr. Oguchi regarding the fact that Japan is currently in violation of the United Nations Convention on the Rights of the Child, sections 9.3 and 10.2 specifically. His response, translated, “There are many lacking points in Japanese system. Japan already ratified that Convention. I would like to recognize what you have suggested to us today. It is the base of Japanese law, so there are many opinions. We received over 800. The Japanese system regarding protecting children’s rights is inadequate. This is from the base of Japanese tradition and law. Japan, as a democratic country…of course, there will be many detailed discussions regarding domestic law ahead.”

Editor’s notes:
This Congressman was the most evasive to date. I left this meeting having discovered only one thing for sure. JAPAN IS NOT PLANNING TO ADDRESS OR RESOLVE EXISTING CASES OF ABDUCTION.

Original post: http://4rionandlaurenandjulia.wordpress.com/2012/01/17/japan-firm-on-not-addressing-existing-cases-of-parental-child-abduction/

1. Joint Custody

We strongly urge the Government to adopt new laws that abolish the Sole Custody System and facilitate Joint Custody. We believe this is urgently needed to protect the rights of both Children and Parents. The current Sole Custody System is harmful to a child and parent; furthermore it interferes with the human rights of Japanese citizens, foreign citizens, and children of all races in the country. The Sole Custody System creates anxiety amongst Japanese parents with bi-cultural children living in Japan and abroad because the Sole Custody System give reason for parental kidnapping by both parents when they fear they will lose all access to their child if the child remains or makes it to Japanese shores. The mixed feelings amongst both parents lead to suicidal tendencies, loss of work, low self-esteem, and unhealthy future relationships with the opposite sex. It also contributes to Parental Alienation Syndrome which is recognized around the world as harmful to children. For these reasons we strongly urge the government to adopt a Joint Custody System. A Joint Custody System will protect the rights of both children and parents.

2. Enforcement

The human rights of the parent and child to maintain contact with each other in the event of divorce, separation, or decease of one parent is a Fundamental Human Right that is recognized by governments around the world and practiced in nearly every culture on earth, except Japan. This Fundamental Freedom has to be protected with the full force of the law. The government should use all means at its disposal to ensure these basic rights are protected, including police enforcement and jail time for violations of the law. We urge the Government to adopt measures proposed by former Judge Masanori Watanabe. Mr. Watanabe’s proposal should be the guide the government uses when drafting an enforcement mechanism to protect the rights of parents and children. We strongly believe that without a strong enforcement mechanism the rights of the non-custodial parent will continue to be violated in the future. Furthermore, we do not recommend monetary fines and idle threats of losing custody as a future deterrent measure; these actions alone will not work. We urge the government to create new laws with a strong enforcement mechanism and obligate law enforcement officials to cooperate in restoring the rights of any parent who has lost contact with their child.

3. Visitation Rights

First, we strongly urge the government to facilitate the immediate reunification of all our members with their children. Second, we strongly urge the government to bring to an immediate end to limited visitation rulings that grant a small number of parents one day per month or one day every six weeks. We urge the government to immediately draft measures that guarantee both parents equal parenting time. We would like to see the government create measures that require both parents to create a Parenting Plan if couples choose to divorce or a child born to unwed couples chooses to raise a child in separate households. Furthermore, we strongly believe that a parenting plan should be a requirement for divorce and a requirement for the upkeep of a child born out of wedlock or separated from one or both Parents.
We urge the Government to immediately prevent legal professionals, medical professionals, government employees, elected officials, school administrators, and anyone abusing their authority to deny a parent access to their child or information about their child to stop these unwarranted actions. We strongly urge the government to bring these actions to an immediate end.

4. Immigration Procedures

We strongly urge the government to guarantee status for residence in Japan for foreign parents with a child living in Japan who sincerely long to see and actively parent their own child. We want the government to understand that foreign parents who have children with Japanese nationals and who happen to divorce their Japanese spouse will lose their spousal visa status and may be compelled to return to their country of origin if they cannot change their visa status. In addition, many foreign parents come to Japan seeking their child but cannot obtain enough information with a temporary visa. We strongly urge the government to guarantee the visa status of foreign parents with a child living in Japan by adopting a new visa category for foreign parents.

5. Domestic Violence

We deplore domestic violence in any shape or form and we applaud the government’s efforts to protect all men, women and children from physical and mental abuse. We believe that all men, women and children deserve the protection of the state when there is a legitimate threat of physical harm to their well-being. We understand, in these cases the first priority is to protect these men, women and children from physical harm and to secure their safety. We applaud the government’s actions toward a gender equal society, but we have some legitimate concerns about how the law for spousal abuse and domestic violence is currently administered by the State.
First, we strongly recommend the government to create clear guidelines that state how a parent who loses custody of his/her child because of domestic violence can recover his/her parental authority. We recommend the government create counseling centers where parents who have lost any form of their parental authority or have been found guilty in a court of domestic violence can receive counseling and education on parenting and marital relations based on the customs and traditions of Japan. In cases where foreign nationals are involved we urge the government to give more serious consideration to the traditions and customs of the foreign parent, and any form of counseling for foreign parents should, as much as possible, be carried out in the native language of the foreign parent.
Second, we strongly urge the government to review the standards for accepting evidence in the courts. Domestic violence should be proven by clear and objective proofs as recommended by former judge Masanori Watanabe. We strongly request the government to review the law for spousal abuse and domestic violence. We urge the government to use the recommendations of Mr. Watanabe as the standard of proof. Furthermore, we urge the government to take actions to prevent government officials, law enforcement officials, legal professionals, and medical professionals from abusing their authority to sway the court’s opinion in determining the custody of a child. We recommend suspension of professional licenses for any professional found guilty of abusing their authority to determine the custody of a child.
Third, the government should seriously consider No Fault Divorces. We would like the government to understand that forcing couples to stay married when there is no real affection between two spouses contributes to anger and hatred between couples, leads to domestic violence, and subjects women and children to bondage to the family’s breadwinner.
Fourth, women and children near the poverty line who need assistance from the State should not have to use domestic violence to qualify to receive benefits from the State, at any level of government. The central government and local governments should abolish any practices that qualify women and children for social services based solely on domestic violence.
Concluded by:

Left Behind Parents Japan
Organizer, Masako Akeo Suzuki
Representative Director, Carlos Smith
Representative Director, Bruce R. Gherbetti

Asian Peoples Friendship Society
Representative, Jotaro Kato

Left-behind parents with children abducted in Japan constantly hear that the Japanese Government wants to do what is in the best interest of the child.  Really? Is sole custody really in the best interest of children?  How can removing a loving parent possibly be in the best interest of children?  In the cases of abduction involving criminal acts under both U.S. and Japanese law, Japan drags its feet and fails to uphold its own laws. It protects the abductors, alienates the other parent and harms the children.

On this issue, U.S. Rep. Chris Smith (NJ-04) states “Tragically, Japan has become a black hole for children whose Japanese parent—or in some cases non-Japanese parent—decided not to abide by the laws of the United States and rather to run to a jurisdiction where they would not have to share custody, or even permit visitation of the child by the child’s other parent. Japan has historically been complicit in these abductions, offering protection without investigation.” If the Japanese Government truly cared for what is in the best interest of the children of within their country, they would change their custody laws.  This would also help stop Japan from continuing to function as a haven for international child abduction.

The sole custody law simply is Cruel and Unusual Punishment to the innocent children caught up in Japan’s archaic legal system.  The law is cruel in that a child is denied the loving care of a parent and unusual in that Japan is the only G20 nation with such a law.  Japan is an outlier with an embarrassing policy that destroys parental-child relationships of not only my children, Gunnar and Kianna Berg, but hundreds of thousands of children within Japan.

By Douglass Berg

Loving father of Gunnar and Kianna Berg

*Quotes from Rep. Chris Smith are from a July 21, 2011 press release issued from his office and can be read in its entirety at http://chrissmith.house.gov/News/DocumentSingle.aspx?DocumentID=253265

In just a few days it will be Christmas, and soon after that the beginning of a new year.  Grandma and myself think of you always.  With the advent of the holiday season we wanted you to know how much you are in our daily thoughts and hearts.   Time seems to have passed by so quickly since we last held you, talked with you and laughed with you.  Your smile, politeness, tender ways and infectious laugh continue to resonate within our soles daily.  In just the few years we were able to be present in your daily life, you brought a life long carpet of happiness to ours.  Sometimes as we sit, it is almost as if we can hear your youthful happy voice.  Playing “magic” tricks with you and laughing until we almost lost our breath.  Your endless and curious demeanor was so evident.  Your eyes would light up with amazement at the wonders of life around you.  You always displayed a high level of intelligence, but above all that, a stronger sense of humility and pride and admiration for those around you.  It is so easy to be proud of you.  In just the few years we spent with you,  we were (and are) the proudest grandparents any young child could have.  A pride that is timeless and everlasting.  We know you are out there, and we pray for your safety and return.  The LOVE you gave to us is strong and will never be taken from us.  We are ever reminded during this time of year of sacrifice and commitment.  Mochi, grandma and grandpa will see you again.  When that time comes we will continue to Love the young man who was taken away from here at such a young age.  Remember always, we are looking for you. Hopefully soon the day will come when our worlds will reconnect.  We will make up for lost time and share our stories.  Christmas time teaches us to have patience .  To know, that  through belief, hope and prayer that the answers to all the whys’ will come.   Mochi, have a Merry, merry, merry Christmas.  Look up to the stars and heavens above each day and know that there are many people watching over you and hoping for your safe and speedy return to America.  Yesterday, today and tomorrow is not the end, but only the beginning.  Hurry home.  Grandma and Grandpa want to hold you tight and let you know that the LOVE we share with you is as strong today as it was in all our yesterdays.   We will be looking up in the heavens with all of  its beautiful stars.  And maybe, just maybe, we will all be looking at the same star.  Praying for and searching for the same thing.  A time when your daddy, grandma and grandpa, your relatives  in America and so many others can all be together again.  Smiling, laughing and sharing our stories.

Merry Christmas, Happy New Year.  XOXO

All Our Love Forever,

Grandma and Grandpa

The local ABC affiliate was nearby covering another story, so we seized the opportunity to discuss the issue with one of their reporters off camera. He was interested and will pass the story idea onto his producer.

P.M. Noda The Head Grinch

Japan is a country with a heart two sizes too small.  It is the only country in the world which has NEVER returned a single abducted child. While it may be individuals who are stealing children, it is the Government of Japan that does nothing to resolve these cases allowing the abductions to take place.  As the single worst country for harboring internationally abducted children, Japan has shown the world they truly are a Grinch that steals children.

It is the holiday season again and with that comes a great deal of pain for parents who are denied access to their children. Left behind parents are all too familiar with Japan’s unwavering willingness to keep our children. In Japan, my children have no human rights. For a third Christmas in a row I am unable to spend even a single minute with my children, Gunnar and Kianna Berg, who were stolen in 2009. I am unable to wish my children a Merry Christmas or give them presents for being good. Instead, all I can do is mail a Christmas card to my kids. These cards will most likely be returned unopened or ripped apart and then sent back to me.

Every year I hang their stockings up in my house wishing we could spend this special day together.  I also go Christmas shopping to buy gifts I think my children would enjoy. I place them under the tree and when Christmas is over I end up donating the gifts to charity. I spend the day with family watching other kids open gifts having a wonderful day while I sit in silence remembering that Japan is the Grinch that stole my children. The main difference between Japan and the Grinch is that the Grinch eventually reforms and restores Christmas to the town of Whoville while Japan continues stealing children.

Japan has been teasing the world for almost two decades saying they will sign the Hague Convention on the Civil Aspects of International Child Abduction. This convention would facilitate the return of abducted children post ratification, and provide a mechanism for access to my children for me. Prime Minister Noda is the current head Grinch that has made promises but has yet to deliver. Japan continues to use its powerful economic might to steal children from around the world ruining the families of good and decent people.  Perhaps when the Government of the Grinch signs the convention and also returns our children will we see the heart of Japan grow three sizes that day.

By, Douglass Berg

Loving Father of Gunnar and Kianna Berg

Upon arriving at the Suzuki family home I discovered it to be very quiet. I heard a television on in a side room and upon knocking and investigation it turned out that my father-in-law was there sleeping. It seems that my middle daughter Lauren had returned from school and was upstairs either playing very quietly or (more likely) having a nap. Suzuki Akiyoshi (her grandfather) upon waking him had no idea that she was even there. What is wrong with these people that a six year old is left to fend for herself in the company of an ill old man who is unaware of her presence. Children walk the streets alone here in Japan. They are raised by schools and ostensibly must raise themselves much of the time. My father-in-law had no idea where his wife was, no clue where my eldest daughter Rion was, no information at all. Unbelievable and sad.

When we returned to the house approximately two hours later there was some light emanating from the middle room of the house (living/dining room). I was going to leave a note for my ex-wife and a note for my children but upon looking inside I saw some little legs dangling from a chair.

It was my beautiful daughter Lauren. She will be seven years old on January 2nd, 2012. I spoke to her and asked her if she wanted to come and give her daddy a hug this time? She turned her head and stopped looking at me. I removed my shoes and entered, approaching and standing next to her as she was seated, eating some warm, sweet breads. I told her that I loved her. I asked her if her mother had told her not to look at me or talk to me? I gently touched her shoulder as I told her that it was okay for her to look at and talk to daddy, that daddy loves her and she has no reason to fear anything. I stroked her hair gently. I said that I was going to give her a little kiss on the head. (She understands English still!!!). She was uncomfortable. The 2+ years of alienation and, I’m quite certain, disparaging of her father by her mother and family has taken it’s toll. She is under the spell of parental alienation. Poor little darling. Torn apart by feelings of wanting to interact with daddy, no doubt, and her instructions not to do so in any way, shape or form.

I am so disappointed in my ex-wife for what she has done to this lovely child.

Nonetheless, it is the first time I have touched Lauren in 27 months. For people who have not had their children abducted and alienated against them I know it sounds ridiculous but just to touch her shoulder and stroke her head was a joy that I cannot describe. Even now as I write about it my eyes have welled with tears of joy tinged by sadness. Lauren then left the room and I respected her boundaries and said I love you Lauren and let her go. It was then that we left. The entire interaction was no more than 90 seconds.

I am resolute. I will continue to work to rebuild the relationship between Lauren and I. I will continue to visit my children. I will NEVER GIVE UP. I will NEVER GIVE IN.

A special thanks to Alex and Matt for accompanying me to Fukushima. They are great men and great fathers also.