http://www.seattlepi.com/local/article/Kirkland-mom-accused-of-fleeing-to-Japan-to-4824996.php

Kirkland mom accused of fleeing to Japan to thwart parenting plan

BY LEVI PULKKINEN, SEATTLEPI.COM STAFF
Published 7:29 pm, Wednesday, September 18, 2013
 
 
  • Maximus, pictured in a photo provided by his father Kris Morness. King County prosecutors contend Maximus's mother Chie Kawabata abducted the boy earlier this year and has taken him to Japan. Photo: Family Photos
    Maximus, pictured in a photo provided by his father Kris Morness. King County prosecutors contend Maximus’s mother Chie Kawabata abducted the boy earlier this year and has taken him to Japan. Photo: Family Photos

 

 

A Kirkland woman accused of fleeing to Japan with her son in an end run around a custody dispute now faces criminal charges.

King County prosecutors contend Chie Kawabata left the country earlier this year with her 5-year-old son, Maximus, despite court orders requiring her to keep the child in the United States. Kawabata has been charged with custodial interference, a kidnapping-related felony.

Writing the court, Deputy Prosecutor Benjamin Santos contends Kawabata has completely cut off contact with her son’s father, Vancouver, B.C., resident Kris Morness, and has no intention of returning the child.

“The defendant has ignored the conditions of the parenting plan and simply defied the court’s last order,” Santos told the court. “It appears the defendant has made arrangements to move all of her belongings to Japan. … There is little reason to believe this move is not permanent.”

Santos went on to contend the Maximus may be in danger.

Kawabata, 46, is the fourth Japanese mother in recent years to be charged in King County with taking children to Japan in violation of court orders. Because Japan has not ratified the leading international treaty on the issue, U.S. authorities are effectively blocked from returning the kidnapped children.

According to charging papers, Kawabata and Morness divorced in 2012. While Maximus lived primarily with Kawabata, the parenting plan mandated that either parent receive permission before taking Maximus out of the country.

In late 2012, Kawabata asked for a court order allowing her to take her son to Japan. King County Superior Court Judge Jean Rietschel denied her request in January, finding in part that “the detrimental effects of relocation outweigh the benefits.”

Morness learned Kawabata was missing in late July after his son didn’t show up for a weekend visitation. At his request, Kirkland police went to the woman’s home and found she’d moved out.

As it turned out, Kawabata and the boy flew to Japan on July 26. She had a one-way ticket.

In an email, Kawabata admitted she took the boy to Osaka, a Kirkland detective told the court.

“The torment I have endured in recent years have left me … emotionally ruined and forced my hands to take this step that I wish I did not have to take,” Kawabata wrote in an email to her ex-husband, according to charging papers.

Since her disappearance, Morness has launched a website describing his ex as a “senior HR manager/child abductor.” He’s also posted court documents supporting the claims made by police – chiefly that Kawabata had no authority to run off with Maximus.

In recent years, U.S. authorities have seen an increase in the number of international custodial child abductions. Watchdogs on the issue say there are currently more than 1,000 such open cases involving U.S. parents whose children have been taken overseas.

Unlike the United States and 80 other countries, the Japanese government has not ratified the Hague Convention on International Child Abduction. The 29-year-old United Nations accord requires that member countries honor custody agreements made outside their borders unless doing so threatens the child involved.

In addition to Kawabata, prosecutors in King County have charged three other Japanese women with kidnapping their own children. None have answered the charges against them.

Most recently, prosecutors charged former Seattle resident Ryoko Fukuda with absconding with her daughter the day she was supposed to hand over the girl’s Japanese passport. According to charging documents filed in Aug. 2012, the girl’s father rushed to Sea-Tac Airport in an attempt to retrieve her. Prosecutors say Fukuda and the child were already flying to Japan.

Michiyo Imoto Morehouse, previously of Bellevue, was charged with the same crime in 2010 after fleeing the country with her son. Her ex-husband had been awarded sole custody of the child.

In 2009, another former Seattle resident – Mayumi Ogawa – fled the country weeks after a King County Superior Court judge approved a parenting plan stating that her son would split his time between his parents, according to charging papers. The boy’s father has since been awarded sole control of the child.

Kawabata, like the rest of the women, remains at large. Prosecutors have requested that she be jailed if apprehended.

Check the Seattle 911 crime blog for more Seattle crime news. Visit seattlepi.com‘s home page for more Seattle news.

Levi Pulkkinen can be reached at 206-448-8348 orlevipulkkinen@seattlepi.com. Follow Levi on Twitter at twitter.com/levipulk.

 

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http://www.kotaku.com.au/2013/08/game-developer-says-his-son-has-been-kidnapped/

IN REAL LIFE

Game Developer Says His Son Has Been Kidnapped

Game Developer Says His Son Has Been Kidnapped

The last time game programmer Kris Morness says he saw his five-year-old son, Maximus, was on July 25 this year. It was a Thursday, and they talked on Skype. Everything seemed normal, but normal can be deceiving. That was the last time Morness has seen — or heard from — his son. Now, he’s doing everything to get him back.

The boy’s mother, Chie Kawabata, has left the US, according to a description in this Kirkland, Washington police report, taking Maximus with her to Japan in what her ex-husband is calling a case of child abduction. Kawabata was born in Osaka, but is now apparently a US citizen.

“I decided to go public because there is lots of evidence she is not returning,” Morness told Kotaku. And by going public, Morness means it: He created a website called ChieKawabata.com. While there’s no mincing words, this isn’t some simple takedown site designed to destroy her credibility and make it impossible for future employers to hire her. Morness hopes it can help him find his son. It just might.

Every story has two sides, and Kotaku reached out to Chie Kawabata for comment via the email listed on the website Morness created as well as through a Facebook account and the cell phone number listed onChieKawabata.com. At the time of publication, Kawabata had yet to reply. There was an automated message saying the phone was not accepting calls at this time.

ChieKawabata.com is a gutsy move that helps Morness get his story out there so he can hopefully be reunited with his son. When asked if he was worried if Kawabata would sue him for defamation, Morness replied, “I kind of wish she would try, because she would have to return to the jurisdiction. In any case, I had already looked into the legal risks of putting up such a website and I am in the green there.”

“On the site are all the relevant court orders and the police report,” said Morness, adding, “I took an approach of full transparency. The trial transcripts are there — and they paint an incredibly detailed picture of what kind of stuff has been going on for the past two years.”

This isn’t the kind of thing you’d expect from a 16-year game industry veteran like Morness, with games such as Command & Conquer titles, Jagged Alliance 2, and The Lord of the Rings: The Battle for Middle Earthunder his belt. Currently, he is the lead programmer on Age of Empires II HD. Then again, this probably isn’t what Morness expected.

Creating a website like this comes with huge risks for Morness, both professionally and personally. It shines a light on a messy divorce with both sides making ugly allegations (more here in the 2012 Parenting Plan document). But shining a light on this case is exactly what Morness wants to do after what he says happened. According to the same 2012 document, Kawabata was named Maximus’ primary parent, with Morness receiving weekends, holiday time and scheduled Skype talks. As noted in the Final Parenting Plandocument, international travel requires “advance written approval by the other parent”.

Maximus spent two and a half weeks in early July with his father, but later that month, Morness could no longer get in touch with his son. Morness emailed his ex-wife, asking her where his son was. Then, as documented on ChieKawabata.com, he supposedly received this reply from his ex-wife on August 2:

After much thought, I have taken a leave of absence from work until the end of August and have traveled with Maximus to Japan to visit my cancer-stricken mother. The torment I have endured in recent years have left me (and therefore Max) emotionally ruined and have forced my hands to take this step that I wish I did not have to take. We are in Osaka with our family where you have visited before, and I just need [a] little time to have my and Max’s wound to be healed through the love of my family.

Morness believes this move is permanent since, as documented on ChieKawabata.com, he says she’s tried to relocate outside the U.S. twice before: Once to Beijing, China, and the other time to Tokyo, Japan.

Still unable to get in touch with his son, Morness contacted the police in Kirkland, Washington, where his ex-wife lived. The Kirkland police report on ChieKawabata.com states that Morness’s ex-wife and Maximus flew out of San Francisco to Japan on July 26 without providing the proper parental notification. A spokesperson for the Kirkland Police Department confirmed to Kotaku the authenticity of the police report posted by Morness.

Because of this, according to this Superior Court of Washington King County document also onChieKawabata.com, Morness was granted custody of Maximus due to “custodial interference of the first degree for mother which includes abduction of child to Japan against court orders and withholding access of child to father for protracted periods of time.”

In Japan, joint custody for divorced parents doesn’t exist. Complicating things for international marriage is that, for many years, Japan hasn’t participated in the Hague Convention, which states children must be returned to their country of residence. Since Japan hasn’t been a part of the Hague Convention, this has meant that many Japanese parents can flee back to their home country with their children, whether the reasons are truly warranted or unwarranted. It’s meant there is little non-Japanese parents can do legally to get their kids back.

This case is unusual: Kawabata was born in Japan, but she’s a US citizen. Morness, however, says he “can’t be sure” his ex-wife gave up her Japanese citizenship when she naturalised.

Earlier this spring, Japanese parliament voted to approve the Hague treaty and, as Japan Daily Press reports, is setting a deadline of March 2014 for final ratification. According to The Daily Beast, there is scepticism even among Japanese pundits about the country’s implementing of the Hague Convention as doing so could take years and might need more international pressure.

Today is August 30. It is still unknown if Kawabata does plan on returning to the US at the end of the month. Morness still doesn’t know his son’s whereabouts, telling Kotaku, “I was supposed to have him here for another two weeks right now but obviously that didn’t happen.”

ChieKawabata.com [Official Site]

Owen Good contributed to this article.

New paper by Colin Jones

August 5, 2013

http://law.nus.edu.sg/asli/working_paper_d.aspx?sno=WPS031

 

 

ASLI Working Paper Series

Publication Title Towards an “Asian” child abduction treaty? Some observations on Singapore and Japan joining the Hague Convention
Publisher Asian Law Institute
Series WPS031
Publication Date Aug 2013
Author/Speaker Colin P.A. Jones
This paper will briefly compare the regimes adopted by Japan and Singapore for adopting the Hague Convention on the Civil Aspects of International Child Abduction, together with the two countries’ underlying family law systems in order to consider whether an “Asian” approach to the treaty may develop in the future.
View/Download (PDF) File :

http://www.japantimes.co.jp/text/nn20130117a9.html

Thursday, Jan. 17, 2013

Hague pact on fast track, Abe to tell Obama
Kyodo
Prime Minister Shinzo Abe will tell U.S. President Barack Obama when they meet, probably in February, that he wants to speed up the procedure for Japan to join the international treaty on settling cross-border child custody disputes, sources said Wednesday.

The previous administration led by former Democratic Party of Japan leader Yoshihiko Noda had already made participation in the 1980 Hague Convention on the Civil Aspects of International Child Abduction an international commitment.

The Abe team is aiming to submit a bill to the Diet early this year to endorse the convention, which sets rules for the prompt return of children under 16, taken or retained by one parent following the failure of international marriages, to the country of their habitual residence.

Domestic legislation is necessary to join the convention, but a related bill was scrapped when the Lower House was dissolved in November.

Among the Group of Eight nations, Japan is the only one yet to join the convention and has been facing calls from the United States and European countries to get on board soon.

Children’s Rights Council of Japan has obtained the following statistical summary from the National Center for Missing & Exploited Children regarding the outcomes of cases it is handling involving children taken from the U.S. to Japan:

As of October 2012, NCMEC’s database reflects that in ninety-three percent (93%) of our active (unresolved) cases involving children taken from the U.S. to Japan, we have been seeking the return of the children for two years or longer and forty-four percent (44%) of these cases have remained unresolved for five years or longer. NCMEC’s database also reflects that, out of all of our closed cases involving children taken from the U.S. to Japan, seventy-six percent (76%) of the children were never recovered. To date, twenty percent (20%) of our closed cases involving children taken from the U.S to Japan, the children were returned or allowed access to the left-behind parent solely because of voluntary action on the part of the taking parent.

Children’s Rights Council of Japan is not aware of a single recovery from Japan that has resulted from a civil legal proceeding, and is aware of only one recovery following the issuance of a criminal warrant for the taking parent, in the case of Dr. Moises Garcia and his daughter, Karina Garcia.

This resolution sponsored by Senator Barbara Boxer condemns the international abduction of children and specifically mentions Japan several times.

http://www.govtrack.us/congress/bills/112/sres543

Official Summary

This summary was written by the Congressional Research Service, a nonpartisan arm of the Library of Congress. GovTrack did not write and has no control over these summaries.

9/19/2012–Reported to Senate amended.
Condemns the international abduction of all children.
Urges countries identified by the Department of State as noncompliant or demonstrating patterns of noncompliance with the Convention on the Civil Aspects of International Child Abduction to fulfill their commitment to implement the Convention. Calls on all countries:
(1) to become a party to the Convention and institute measures to address cases of international parental child abduction, and
(2) that have not become a party to the Convention to develop a mechanism for the resolution of cases of international parental child abduction that occur prior to becoming a party to the Convention. Expresses the sense of the Senate that the United States should:
(1) pursue the return of each child abducted by a parent from the United States to another country through all appropriate means, facilitate access by the left-behind parent if the child is not returned, and, where appropriate, seek the extradition of the abductor parent;
(2) take all appropriate measures to ensure that a child abducted to a Convention country is returned to the child’s country of habitual residence;
(3) use diplomacy to encourage other countries to become a party to the Convention and to encourage countries that have not become a party to the Convention to develop a mechanism to resolve cases of international child abduction that occur prior to becoming a party to the Convention; and
(4) review the advisory services made available to U.S. citizens by the Department of State, the Department of Justice (DOJ), and other U.S. government agencies to improve the prevention of such child abduction from the United States, and to ensure that effective assistance is provided to U.S. citizen parents of such abducted children.

These statistics were provided by John Gomez of Kizuna-CPR (http://kizuna-cpr.org/meeting_summary_november_24_2012):

“4.6 million divorces 1992 – 2010, one child per divorce on average, 58% loss of access according to NHK Close Up Gendai yields an estimated 2.7 million children in Japan who have lost their relationship with their parent during this time, which is a human rights violation. It is about 150,000 children per year.”
That means every hour an additional 17 children living in Japan are being shut out of the life of one of their parents.  Considering the cumulative impact, not just in terms of the number of children involved, but also left-behind parents, family members, and others, this problem is having a devastating effect on a sizeable percentage of the Japanese population.

The following update is from David Hearn, one of the directors of “From the Shadows,” about the upcoming world premier screening in Philadelphia:

Hi again everyone,

I just wanted to update you all. We are running around getting everything ready for the screenings in a week’s time.
Matt is burning the midnight oil to make sure everything is in tip top shape. He has commented that the sound and HD quality of the film will make a big difference over the versions we have shown to date.
A couple things.
1. After the first screening, Tuesday October 23rd, please make sure to visit this page and rate/comment on the film:
http://filmadelphia.festivalgenius.com/2012/films/fromtheshadows0_mattantell_filmadelphia2012
It goes without saying that a high rating and interesting comments will help attract more attention to the film especially from those people who may not be aware of the issue.
2. There will be a reception (two minute walk from the theatre) at the Sheraton Society Hill immediately after the screening on Saturday October 27th. This will provide the chance to meet the filmmakers and and some the subjects of the film in person and hear their stories and where their situations stand now. There will be a light menu and drinks served. Please RSVP us if you plan to attend so we can prepare an adequate amount of food and drink.
Please also keep in mind that there are only 250 seats in the theatre for the Saturday screening. We have already had almost twice that amount of hits on our festival page so make sure to buy your tickets as early as possible!
Tickets can be bought here (same link as above):
http://filmadelphia.festivalgenius.com/2012/films/fromtheshadows0_mattantell_filmadelphia2012
Looking forward to seeing everybody there!
Regards,
David

http://www.policymic.com/articles/15499/from-the-shadows-documentary-reflects-sad-reality-of-government-sponsored-child-abduction-in-japan

During the past year the U.S. Embassy in Japan deleted a page from its website that included statistics for the U.S., Canada, France, Australia, and the United Kingdom showing the tremondous growth in the number of international child abduction cases by Japanese spouses since 2000, with the number of cases having quadrupled from 2005 to 2009.

It is not clear why this information is being suppressed, but CRC of Japan has retrieved this information and is reposting it on our blog, at the following link:

Rapid Increase in Child Abductions to Japan