Help to stop the illegal enforcement of the Japan One Parent law, which allows kidnapping, in the United States.

The Japan infamous kidnapping law has been illegally registered and enforced beyond its borders. To the USA. 

Japanese family law is very different from United States law. After divorce, only one parent retains legal parental responsibility for the child. Japanese law provides only for sole custody. The left behind parent is immediately stripped of all parental rights.

Currently, an estimated 3 million children in Japan have lost access to one of their parents. If the non-custodial parent attempts to contact the child without permission, they can face 2 months on immediate jail time.

https://apnews.com/article/6cd01a6b19b835d8712fc6559d0df5bd

We would like to gather support on the case of the Japan Sole Custody law being registered and enforced in Colorado.

The case: 

El Paso County, Colorado, USA District court registered and enforced a Japanese sole custody decree, without a trial.  District and Supreme Courts in Colorado did not grant their own residents a fair joint custody trial even after Colorado was awarded jurisdiction by Japanese authorities to modify.

This resulted in Judge Erin Sokol of El Paso County issuing an order to use police intervention to deport two American children to Japan. A Stay was granted and later revoked by the Colorado Supreme Court.

They had a right to a hearing on the enforcement by all the Hague requirements that were a part of the USC code. They were denied a trial, and police force was granted to forcefully remove the children from their own country to Japan, which they hold no nationality or residency.

This inhumane foreign custody decree should not be recognized in Colorado.

The recognition and enforcement of foreign custody decrees in the United States are governed by state law, specifically the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA sets guidelines for when a U.S. state can recognize and enforce a foreign custody decree, including those issued in Japan.

NONE of the following factors were considered when entering the custody decree in Colorado, breaking the norms of the UCCJEA.

To determine whether a Japanese custody decree can be recognized and enforced in the United States, the following factors must be considered:

. **Substantive Law:** The foreign custody decree must be consistent with the substantive law of the U.S. state where recognition is sought.

THIS SOLE CUSTODY DECREE IS NOT CONSISTENT WITH COLORADO LAW WHICH RECOGNIZES JOINT CUSTODY

 **Child's Best Interests:** The recognition and enforcement of the foreign custody decree must be in the best interests of the child.

ENVIRONMENT OF CHILDREN, CHILDREN’s VOICES WERE NOT CONSIDERED AT ANY POINT BY JAPAN AND USA. El Paso family court DENIED a CLR, Child legal Representative.

We propose that this foreign custody decree registration and enforcement be immediately STOPPED. Furthermore, to prevent this from happening in the future, US courts should incorporate a specific clause to caution the acknowledgment by US State Courts, of Japanese custody orders, which only recognize sole custody. Foreign nations, starting with the United States, who recognize co-parenting after divorce should prioritize affording and protecting their citizens with a fair trial for joint custody, taking into account the children’s best interests.

The concern is Colorado has enforced a custody decree against its own custody laws which actively enforce co-parenting. The impact of this illegal registration has resulted in a police order to remove two innocent Colorado residents, with sole American nationality, from their stable home environment to a foreign nation, against their will, without hearing their voices.

This impacts international human rights. There is a pressing need for the United States to acknowledge openly that Japanese custody orders violate human rights and to prioritize modification when it is in the best interests of the children, rather than focus on technicalities of decree registration. It also affects the mother, who could face contempt of court for not complying with forcibly removing her children. The family's rights are violated due to the unlawful enforcement, and they are at risk of persecution from their own country. They seek protection, not persecution, from the United States, for the well-being of the children and to obtain joint custody.

Under UCCJEA section 105 (c) (custody court orders of foreign countries should not be enforced under the UCCJEA if human rights are not protected). 

If IMMEDIATE action is not taken to revoke the registration and enforcement in Colorado of the one child law in Japan, the children -10 and 13 years old-are ordered for immediate removal from their mother to their father who resides in Japan, by police force, against their wishes. Upon entering Japan, Mother will immediately be stripped all parental rights-including under the Japan sole custody law, never legally being able to access her children until they are adults.

Mother and children, sole citizens of the United States, with no other nationality, are simply are asking to NOT RECOGNIZE the fraudulent and incongruent one parent custody order from Japan. They want a custody trial for joint custody which was never granted, according to the rights and laws of America-not Japan.

Please sign to support revoking the illegal enforcement of the Japan One Child Law on US Soil and support granting mother and children a trial in Colorado for joint custody. Also- if you agree that after divorce, children should have the rights to access both parents if it is in the best interest of the children AND also HAVE the rights to have their voices heard in the matter, please sign this petition. The children were denied a child legal representative and their voices begging to stay with their family in America for the school year, were never heard. Their mental health was never even considered in the enforcement judgement.

#kidslivesmatter #stopjapan1parentlaw

If you are in any position to assist with legal fees, here is a campaign to raise money to assist with fees to continue to appeal and fight for justice. 
http://spot.fund/91886cw

If you are media or would like to have a press release, copies or filings to prove all facts or to talk to an international expert involved in this case please send us a message.

Contacts: stopjapanoneparentlaw@gmail.com

 

 

For further research: Here are treaties that are not being complied with regarding the Japan One Parent Law:
Vienna Convention 1963
United Nations Convention on the Rights of the Child UNCRC 1990
Hague Convention on the Civil Aspects of International Child Abduction 1980
International Covenant on Civil and Political Rights ICCPR 1976 

There have been country reviews and reports of Japan's performance under these treaties:
UNCRC UN Geneva January 2019
Hague - US Dept of State annual report
ICCPR - UN Geneva September 2022