Saturday, December 17, 2011

Is this fair yes or no?

Question:


Is this fair yes or no? The American father has the legal right under US law to prevent his children from leaving the USA before there 18 birthdays and from visiting Japan. An American father is informed that if he does not allow a Japanese mother to take his US born children (who have never been outside the USA) to Japan permanently he is guilty of parental abduction under Japans law. The Japanese government will issue an Interpol Red notice for him. This will make the fathers live very miserable because no body in the USA wants to give a good paying job to an American who is on Interpol most wanted dangerous criminals in the world. He also will never be allowed to travel outside the United States to other countries example (Canada, Mexico, Bahamas) because he could be arrested en extrited to Japan and spend the rest of his live in a Japanese prison.

Answer:


It's not fair and it's not true.

While Japanese courts don't recognize foreign custody orders, the mother taking the child out of the country without the father's permission is still considered child abduction. The father does not have to give permission for his children to be removed from the country, but Japanese law enforcement won't do jack sh1t about it if it does happen.

Japan does not have jurisdiction over America, or any other country besides itself. He'd only he arrested if he went to Japan and tried to take the children back out of the country without the mother's permission.

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