Update on Paul Dalley case

The following update has been received from Paul Dalley regarding his international child abduction case.

 

International Japanese Child Kidnapping Case

committed to Supreme Court

as children’s rights continue to be abused

 

On Wednesday 5^th June 2013 the dramatic attempted case of international child kidnapping by Japanese national’s UNELCO consultant Japanese national Toshihide Yasuda of New Caledonia and Yuka Dalley of Santo took another pivotal step as the Majestrate’s Court upon reviewing all the evidence agreed with the Police Public Prosecutor that there is enough evidence to warrant a criminal trial and committed the case to the Supreme Court. On 17^th April 2013 Yasuda and Yuka were charged by the Public Prosecutor with attempted kidnapping for arranging to take the father’s two small children first to New Caledonia and then on to Japan where the children would forever have lost their father. The failed attempt on 29/3/13 was stopped by the Santo police from which Yuka fled with the son the next day to Vila abandoning her daughter in Santo. Among the evidence presented was 58 emails, Digicell text messages, a Western Union money transfer, hotel accommodation receipts and international air tickets all paid for by Toshihide Yasuda who himself is married. The Supreme Court will hear the plea on July 4^th 2013.

 

There is a growing worldwide problem of Japanese nationals in international marriages suddenly kidnapping children back to Japan which refuses to return the abducted children back to their non-Japanese parents. Some sources claim over 10,000 children’s lives have been destroyed in the process. Unlike Vanuatu’s equalitarian Christian culture which promotes a legal system of sharing and compromise, Japanese culture is heirachical with a legal system that promotes complete domination by one side over the other. As well as causing all sorts of problems with their Chinese and Korean neighbours who are still resentful of the millions kidnapped by the Japanese during the war, this policy directly hurts families and their weakest members, the children. An example of this is Japan’s outdated and much criticized feudal ‘koseki’ family registration system which prohibits sharing of children in broken families and virtually guarantees in the case of split families that the children will lose one of their parents despite the psychological scaring this causes.

 

The kiwi father Paul Dalley, famous up in Santo for his tourist and rescue flying in his unique seaplane was very grateful that Vanuatu’s Christian laws continue to protect the children in Vanuatu. “For too long foreigners come to Vanuatu and believe that they are above the Christian laws of this wonderful nation and that they can behave as this wish and apply the mindsets that prevail in their countries such as lying, hiding from the police and denying children access to both parents. Thankfully the racist Japanese laws that promote child abduction and the archaic notion that children are simply the chattel of the Japanese parent do not apply here. In this democratic and independent nation founded on the Christian Principles we are legally and morally bound to follow her laws and conventions such as the International Convention on the Rights of Children, ratified by Vanuatu in 1992, which stipulates in Article 9 Section 3 “State Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis.”

 

Sources close to the case report that the mother has continually denied her children access to their father, including both hiding them in a Port Vila house as well as hiding the school she put one of the children in. Despite neither parent having custody of the children the mother is still illegally trying to prevent them returning to their home and schools and friends in Santo from where they were ripped over 70 days ago when in a dramatic inter-island pursuit the mother fled from Santo police whose quick actions in pursuing her to Vila prevented her departing the country. To pay for legal bills the father has been forced to put his Santo aviation business, seaplane and car on sale to save his children who are stuck in a legal void in Vila.

 

Based on his ten year’s living in Japan the father’s greatest concern is trying to save his children from a future life of bullying in Japan due to their mixed race heritage which is severely discriminated against in homogeneous Japan where such children endure a life of racial bullying as they are know as ‘halfs.’ This bullying is so harsh that it is a well known social problem called ‘ijime”and causes Japan to have one of the worlds worst child suicide rates . 

 

The father has spent weeks pleading not only with the police, courts, church groups and family protection advocates for the return of the children to their Santo home. In desperation at the children continually being denied their legal right to be with their father Paul this weekend was moved by the Holy Spirit to take to the streets and churches with his Christian message of ‘Equal Sharing, Equal Caring.”

 

Paul comments “All children deserve equal time and equal love with both their parents. All I have been trying to do since this nightmare began is return the children to their Santo home to allow both parents exactly equal 50/50 with their children until the Supreme Court determines the results of the criminal case and allocates permanent custody. The only fair solution for the children is Jesus Christ’s policy of “Do unto other’s as you would have them do unto you” and allow  the children Equal Shared Custody. This would allow the children to return to their Santo home and schools for two weeks a month and then spend two weeks with their mother in Vila. Surely allowing the children to return to their home in Santo and play on the Santo beaches is better than keeping them virtually imprisoned behind these Vila bars? As Ghandi, Mandela and Jesus Christ courageously demonstrated during their long struggles for freedom one should always push with 100% of ones energy for solutions that are fair and reasonable to all – especially to children who deserve equal time and equal love from both parents.”

New Zealand case

http://www.dailypost.vu/content/custody-battle-turns-nasty-between-kiwi-and-japanese-wife

Custody battle turns nasty between Kiwi and Japanese wife
Posted on April 8, 2013 – 9:52am | Category: Local News

By Marc Neil – Jones
Custody battles can deeply affect children and a failed marriage in Vanuatu is turning nasty with police charges of child kidnap at the centre of a battle between a New Zealand male and his Japanese wife in Santo.

Any expatriate couple with kids living in a foreign country goes through the turmoil of child separation in a split up but it is particularly a concern when it involves a Japanese national and children as Japan is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction which obliges signatories to promptly return abducted children to their country of habitual residence.

Critics of the Japanese legal system say this refusal has the practical effect of facilitating international child abduction. The issue has become a cause for significant concern to signatory nations, the majority of which are Western countries. Japanese family law considers issues of divorce custody, child support or alimony as predominantly private matters. Consequently, Japan has no enforcement mechanism to enforce foreign custody rulings or recommendations made by its own domestic courts. Furthermore, Japan does not recognise joint parental authority or shared “residence” after divorce.
This in effect means a Japanese mother taking her children to Japan in defiance of visitation or joint custody orders issued by Western courts will have no action taken by the Japanese courts. A father wanting to see his children needs the wife’s permission and if this is not given can have devastating consequences for parents if they cannot see their children again.

Paul Dalley, aged 39, a New Zealand businessman running a seaplane business in Santo, has filed a police complaint with evidence including emails, bank transfers, and airline tickets that Santo police have now acted upon alleging that his wife Yuka Dalley and a Japanese businessman working for Unelco living in New Caledonia had allegedly conspired to kidnap their two children aged 10 months and three years to remove them from Vanuatu over to Japan so he would not be able to see them again.

Dalley states he managed to get the three year old girl to a safe place with Ni Vanuatu friends before contacting the police. The alleged kidnapping attempt was foiled by Dalley working with Santo police who travelled to Vila to arrest her with the youngest child at the Melanesian Hotel which is owned by Japanese and where she was allegedly staying under an assumed name waiting for Unelco consultant Toshida Yasuda from New Caledonia who Dalley alleges is also implicated.

Dalley advised Daily Post that his wife Yuka Dalley has now been reportedly charged with kidnap and police want to interview Toshida Yasuda who is alleged to be in Port Vila.

The Japanese woman has also charged her husband with Intentional Assault and Threatening Behaviour.

Police are still investigating the case and a court date is yet to be set.