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Tony’s Comment: This is an important event. An MOU (Memorandum of Understanding) is the only way existing cases of parental child abduction and/or denial of access are going to be resolved. Hats off to Rep. Smith once again!

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chrissmith.house.gov

Christopher Smith
Contact:
 Jeff Sagnip 202-225-3765


Legislation Urging Immediate Return of U.S. Kids Abducted to Japan Clears 1st Hurdle 

Smith Amendment Calling for a U.S.-Japanese MOU Wins Support in Key House Committee

Washington, Jul 21 –

The House Foreign Affairs Committee adopted an amendment by U.S. Rep. Chris Smith (NJ-04) Thursday calling for a memorandum of understanding (MOU) with Japan for the immediate return of the approximately 156 U.S. children currently being held in Japan against the wishes of their American parent, and in many cases in violation of valid U.S. court orders.

The amendment passed today makes it clear that the United States must, by way of an MOU with Japan, or any other appropriate means, seek the immediate return of U.S. children abducted to Japan,” said Smith (NJ-04), a senior member of the House Foreign Affairs Committee and chairman of its human rights subcommittee.  “Abducted children are at risk of serious emotional and psychological problems.  The U.S. government has a duty to protect these children and fight for their parents who have a right and want to meet their responsibilities of raising their own children.” Click here to view the amendment.

Smith said Japan has become known as a haven for international child abduction. “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.”

Smith said Japan’s recent announcement that it will finally sign the Hague Convention on the Civil Aspects of International Child Abduction is welcomed but pointed out that the Convention, by its own terms, will only apply to future cases.

If and when Japan ratifies the Hague, and I hope they do, such action, unfortunately will not be sufficient to address the existing abduction cases,” said Smith, who led a human rights mission to Japan this past February and met with government leaders as well as American parents blocked from seeing their children in Japan. “A Memorandum of Understanding between the United States and Japan is urgently needed to ensure that families are reunited and left behind parents are not left behind again.”

During the debate on his a amendment, Smith spoke of the current abduction cases involving Japan including the case of New Jersey resident and former Marine Sgt. Michael Elias, whose children Jade and Michael were abducted to Japan by his estranged wife in 2008.  He has not held them since or been allowed any communication with them in over a year.

Additionally, my amendment calls on the Secretary of State to take any and all other appropriate measures to enable left behind parents direct access and communications with their children wrongfully removed to or retained in Japan.  These children must be allowed to have a relationship with their American parent—the arbitrary deprivation they currently suffer is child abuse,” Smith said.

The House Foreign Affairs Committee unanimously adopted the amendment demanding an MOU as part of legislation controlling foreign aid.  The bill is expected to move to the House Floor.

In September 2010 Smith cosponsored and managed the debate in the House chamber on a similar bipartisan measure, H. Res. 1326, calling on the Government of Japan to resolve the many cases involving over American children abducted to Japan. The bill passed 416-1.

Smith also has been working to push Congress and the Administration to better address international child abductions in Japan and elsewhere. After returning from Brazil in Dec. 24, 2009 with abducted child Sean Goldman and his left behind New Jersey dad who had been deprived of his son for five years, Smith introduced “The International Child Abduction Prevention and Return Act of 2011”, H.R. 1940, and is working for passage of the bill.

http://chrissmith.house.gov/News/DocumentSingle.aspx?DocumentID=253265

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Tony’s Comment: No Comment. Let’s just wait and see, shall we?

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(From the Japanese Ministry of Foreign Affairs)

Holding of the First Meeting of the Round Table on the Modality of the Central Authority for the Implementation of the Hague Convention

July 21, 2011

  1. Based on the understanding of the Meeting of Relevant Ministers regarding the drafting of legislation to implement the Convention on the Civil Aspects of International Child Abduction (the Hague Convention), the Ministry of Foreign Affairs (MOFA) will be launching a Round Table to gather various opinions from experts and others toward the drafting of legislation necessary for Japan to conclude and ensure the implementation of the Hague Convention. The first meeting will be held on Wednesday, July 27.
  2. The first meeting will be attended by academics (administrative law and family law), representatives from the Japan Federation of Bar Associations and relevant ministries. [to be confirmed]
    Issues such as (1) the Central Authority’s mission and actions it should take pursuant to the Hague Convention and (2) the Central Authority’s power and responsibility are expected to be discussed in the meeting.
    • (*This is a provisional translation. The above date denotes the date of the issue of the original press release in Japanese.)
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ハーグ条約の中央当局の在り方に関する懇談会 第一回会合の開催

平成23年7月21日
  1. 外務省は,国際的な子の奪取の民事上の側面に関する条約(ハーグ条約)に関する関係閣僚会議における了解事項等を踏まえた同条約締結のための国内担保法案の作成に向け,外部の有識者等から広く意見を聴取する場として,懇談会を立ち上げ,7月27日(水曜日)に第1回会合を行う予定です。
  2. 第1回会合では,学者(行政法,家族法等),日弁連,関係省庁等(現在調整中)からの出席を得て,(1)中央当局の任務と条約に基づき取るべき措置,(2)中央当局の権限と責任,等についての意見交換が行われる予定です。
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Protest Artwork

Just a few creations I made and used during some protest marches in Tokyo to express my sentiments about Japan’s sheltering of international parental child abductors and its refusal to establish an equitable system of either joint custody or enforceable child visitation post-divorce.

Some people think I’m too critical of Japan. To which I say: “Who cares what you think? This is my family we’re talking about.”

(Click on images to enlarge)

“Wanted: Japan”

“Parental Alienation is Child Abuse”

“The Pied Piper of Tokyo”

“Relative Weight”

“Study Time”

“How Japan Stole Christmas”

“Godzilla Strikes Again”

“Santa’s Special Delivery to the Japanese Diet”

“Joint Custody Now!”

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Happy Father’s Day. And to the disenfranchised, just try to remember that their fictions and machinations can NEVER take away the fact of our parenthood. Father really does know best in this instance. Stay strong on this, our saddest day of the year.

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