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An American father wants his children back. Japan says no.
Japanese courts habitually award custody of children to the mother. In many cases, they say they are simply trying to protect the rights of women fleeing abusive former husbands, a claim vigorously disputed by campaigners.
The country’s courts will be tested again later this week when Shane Clarke appeals in a custody battle with Japanese ex-wife.
The 39-year-old Briton has not seen his two young daughters since May 2008 after his ex-wife took them to Japan to visit their “ill” grandmother and never returned.
Though Britain’s media has taken an interest in his plight, Clarke says he has received little support from the authorities, despite a court order naming the U.K. as his children’s country of habitual residence.
“I have been writing repeatedly to more than a dozen government ministers, and not a single one has had the common decency to reply,” he told GlobalPost.
Legal precedent indicates that Clarke, who was denied custody at a hearing in Japan last year, will again return home without his daughters.
“We are talking about two British citizens, and no one will help me. The message our government is sending out to foreign nationals is that it’s perfectly all right for them to commit a crime on British soil, and as long as they leave the country quickly enough, they’ll get away scot-free.”
Left-alone parents in the U.S. have fared better. Chris Smith, a New Jersey congressman, recently urged the Japanese prime minister, Yukio Hatoyama, to use the Savoie arrest as a “catalyst” to end Japan’s tacit approval of international parental child abduction.
Smith has drawn up legislation that would enable the U.S. to “more aggressively” pursue the rights of American parents, including imposing sanctions against countries that habitually refuse to cooperate on international child abductions.
Pressure is also mounting in Japan, where the ambassadors of eight countries, including the U.S., have urged the justice minister, Keiko Chiba, to sign the Hague treaty.
The foreign minister, Katsuya Okada, indicated he would speed up a study into the agreement’s pros and cons, although ratifying it will require changes to domestic laws that could take years to implement.
Savoie, meanwhile, says he is struggling to come to terms with the possibility that he will not see his children again until they are adults.
“If loving my kids so much that I really want to be with them is a crime, then, well, I’m guilty,” he told CBS News after returning to the U.S. “I’m guilty of loving my kids.”