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Question on Japanese Passports, etc.

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  • Bob Hrodey
    Situation: Divorce pending. All parties located in Texas. Husband US Citizen, in USAF, wife is Japanese. Two children, US Citizens by birth, ages 2 and 4,
    Message 1 of 2 , May 1, 2009
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      Situation: Divorce pending. All parties located in Texas. Husband US
      Citizen, in USAF, wife is Japanese. Two children, US Citizens by birth,
      ages 2 and 4, have both Japanese and US Passports which are in custody
      of father (or his attorney). TRO issued preventing wife from fleeing
      country with children but it is feared that she either has or will
      obtain duplicate Japanese passports for children and flee country and
      return to Japan.

      Talks with Japanese consulate in TX have been unproductive. Basically,
      they tell husband that if the wife applies for duplicates she must
      disclose the existence of a court order before they will honor it EVEN
      IF THEY ALREADY ARE AWARE OF IT AND HAVE A COPY IN HAND. If she DOES
      NOT inform them, they will ignore the copy served upon them.

      Question: Does anyone have any experience in obtaining information
      through the US State Department to determine if duplicate passports for
      the children have been either applied for or issued.

      I've informed my employee, who is the grandmother of the children, that
      there is probably no way - particularly in any sort of expeditious
      fashion - to obtain this information but hope springs eternal.

      Anyone?

      *Private e-mail response please* unless you feel the group may benefit
      from your answer.


      --
      Enjoy,

      /Bob/
      ________________________________________________________________
      Hrodey & Associates Established 1977
      Post Office Box 366 Member of NALI, ASIS, FBINAA,
      NAPPS
      Woodstock, IL 60098-0366 NCISS, & P.A.W.L.I.
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    • suesarkis@aol.com
      Bob - Japan is not a Hague Convention signatory and U.S. court custody decisions are not enforceable in Japan. All children born to a Japanese parent since
      Message 2 of 2 , May 1, 2009
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        Bob -


        Japan is not a Hague Convention signatory and U.S. court custody decisions
        are not enforceable in Japan. All children born to a Japanese parent
        since the 1980s are Japanese citizens, I do believe, and may travel on Japanese
        passports issued in the U.S. even if the left-behind parent in the U.S.
        does not agree to the issuance of a U.S. passport. The Japanese government
        will not refuse entry to one of its citizens, even if that citizen is a
        dual-national child subject to a U.S. court-based custody decision. The
        Embassy and our Consulates cannot serve process, appear in court on a U.S.-based
        parent’s behalf or carry out U.S.-based arrest warrants.

        The Embassy, State Dept. and our consulates do not have access to Japanese
        Immigration records and cannot confirm that a child has entered or
        departed Japan nor do they have any access to information about passport issuance.

        Although many airlines now require "parental consent" for such travel with
        minors and only one parent, the fact still remains that she would most
        likely travel JAL.

        Sure wish the information could have been more helpful.
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