A Tennessean father, who had been unsuccessful in gaining physical custody of his two children taken by their mother to Japan, has been awarded over $6 million in a child custody settlement, as reported by several national and international media sources.
C.S., 40, had been arrested in Japan when he tried to physically abduct his two children – from their mother that had done just the same thing in bringing them, without his consent, to live with her in Japan.
Now a new judgment, awarded on behalf of his children, gets him a little closer to obtaining help from Japanese authorities.
N.E.S., his Japanese ex-wife, took the children, currently aged 8 and 10, with her to Japan in 2009. C.S. followed her and, in trying to snatch them back, was incarcerated for three weeks in a Japanese prison.
A Tennessean court issued a warrant for N.E.S.’s arrest, and gave C.S. full custody, following the abduction.
Japan – currently considering a change in the international treaty that governs child abduction – hasn’t acknowledged the order. The U.S. Department of State’s Office of Children’s Issues stated that it, “does not have a record of any cases resolved through a favorable Japanese court order or through the assistance of the Japanese government.”
Assistant U.S. Attorney Carrie Daughtrey said, “My understanding is we don’t have an extradition agreement with Japan as it relates to parental kidnapping.”
Of the multi-million dollar award, C.S. told reporters, “It’s bittersweet, because rather than getting any money, I’d much rather be in the park playing with my kids.
No amount of money can compensate for that time with the kids.”
It was when C.S. returned from Japan in 2009 that he sued for a divorce. Part of the settlement was that N.E.S. would give him custody of the children as long as he paid her $5,500 a month.
C.S. was married for six years to a new wife when N.E.S. told him that she wanted to take their two children to Japan for a visit before they started school in the fall. When C.S. noticed that N.E.S. had failed to book a return flight, he grew suspicious.
C.S. tracked the three to a small village in Japan, Yanagawa, and grabbed his two children as they walked to school. He brought them to the U.S. Embassy, but, upon finding the doors locked, was quickly arrested by Japanese police.
After spending three weeks in jail, C.S. tried to contact the family in Japan again. He telephoned his former in-laws but they hung up on him each time.
In regards to enforcing the financial award, C.S. said, “We have a set of lawyers waiting in the wings.”
Joseph Woodruff, his attorney, said of Japanese courts, “They will enforce orders that assess damages for breach of contract and civil wrongs.
This is a tool we’re going to try to use to convince (N.S.) she needs to do the right thing.”
Are you dealing with a child custody battle? Even if the outlook appears dim, contact a family law attorney for the help and guidance you need.