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Father weighs in on the quality of medical care for disabled children in Japan

October 16th, 2009 by James

spencer

Craig Morrey, the American father featured in the recent CNN story, has left a comment on Japan Probe providing details that were not included in Kyung Lah’s report. Here is what he has to say about the quality of medical care available for his disabled son:

I appreciate the attention and passion this one line has created, but perhaps you should try to walk a mile in my shoes- so to speak. Kyung Lah’s comment about the care was directly related to what I told her. It has nothing to do with being foreign. I don’t think it was even intended as a slight.

I readily admit some aspects of the Japanese system are better (ex all car companies have separate line of handicapped cars – for the elderly), but on the whole the conditions could be much, much better.

Yes, we get a subsidy to offset some costs, but money can’t buy something that is not available.

Consider a few facts:

National insurance covers 3 home nurse visits per week (1.5 hrs)- if there are sufficient providers available- there are not. Most will not allow the parent to leave the house for shopping, etc.

One of the few handicapped school/ hospital/ care facilities in Aichi has exactly 1 pediatrician on staff for 2000+ patients. The average caseload for a PT is 200+ . There are virtually no private therapists for children as it is not economically viable compared to the elderly.

There is no “day care” available for medically fragile children, ie. requiring a nurse’s care. Other prefectures might have more, but most places require the parent accompany the child at all time. The legal definition is also an obstacle.

The closest facility for a short stay (another Prefecture) has 4 beds being used by 70+ parents. Reservations must be made 3-4 months in advance. There is 1 other facility in Nagoya which is in danger of being closed or downsized for financial reasons.

Most prefectures don’t even have a dedicated children’s hospital. Should a spot in a long-term facility be available (personally not an option), it could be anywhere in Japan.

There are few support/advocacy/ NPO groups. Organizations like United Cerebral Palsy do not exist

There are less than 10 specialists in swallowing therapy for children in all of Japan. Virtually all lodging facilities have one.

We were never once approached by a counselor, nor was it even suggested by another doctor.

The list goes on. It is the same for Japanese people.

Unfortunately, the news media needs to streamline stories and stay on message. Investigative journalism has gone the way of the dinosaurs- especially TV.

Yes, there are some minor mistakes, but nothing egregious. Our case is so complex I get confused.
I would have preferred not to be linked to the Savoie situation because it is completely different. As sad as it seems, our story would probably not have been considered newsworthy without it though.

It shouldn’t detract from the failings of the system for Japanese and foreigners and the need for an international standard (not necessarily the Hague). Forest for the trees.

I am grateful to Kyung Lah as she was trying to help.

P.S. I will be trying to get the “whole” story out on our website http://www.ForeverYourFather.com. Please pass it along. Spencer’s Dad

Morrey is taking online donations through his website, so please give money if you want to support his cause.



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25 Comments »

Comment by Level3
2009-10-16 22:47:44

One of the most tragic consequences of nationalized medicine.

Those who demand it tend to think it will help the little guy, and the tragic victims of debilitating conditions. “Special needs care is too expensive in the USA, they NEED government care,” they say.

Problem is, nationalization leads to one-size-fits-all, and more greatest-good-for-greatest-number(of active voters, that is) bean counting.

Under private systems, a patient can at least try raising money through charity, or a church, friends, or even *gasp* family… and then pay for widely available expert care. Paying half your salary for 10 years is certainly better than being dead, which costs you everything.

In some nationalized systems, specialized care or advanced treatments are just not available at all. The only hope is to raise enough money to travel to the USA and get it – at least until Obama ruins the system that provides the most-advanced medical care in the World. All those Nobel prizes in Medicine can’t be wrong. (Seriously, check out how many go to researchers in the USA, it’s an even surer bet than Peace Prizes to leftists who make useless speeches about nuclear proliferation.)

Special cases don’t get resources because you’re deemed not “important” enough, because you only have one vote, and you can’t even make it to the polling place anyway, and 20,000,000 voting senior citizens demand doctors to listen to their complaints about every sniffle at least once a week, so that’s where medical resources go.

Privatized care is far from perfect. But lack of any resources for special needs cases or caes that COULD be helped by advanced techniques tends to show that nationalized health care can be far more cruel and heartless than health care based on cold hard cash.

There are some solutions, but more paperwork and fewer doctors isn’t one of them.

If only there were unlimited free medical care for all, eh?

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Comment by Kevin
2009-10-17 01:08:41

Thanks for taking the time to politicize a topic that should have been kept free of this nonsense. And nonsense it is!

************

And I just wanted to say thanks to Mr. Morrey for posting this comment! I wish you all the luck in the world for achieving a positive outcome in this heartbreaking situation.

It’s extremely unfortunate that your story was crammed into the Savoie mess when it deserves more coverage on its own, but I’m glad that it is at least getting some air time around the world.

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Comment by Dakk
2009-10-17 01:39:11

“Under private systems, a patient can at least try raising money through charity, or a church, friends, or even *gasp* family…”

Hahaha, oh wow.

You had me going there for moment, but now I see that you were merely jesting.

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Comment by Ampicillin
2009-10-23 21:59:53

I’m not sure which nation you’re talking about specifically, but I live in Scotland and there is a lot of special care for people with specific and rare disabilities here. I don’t even know why you’d say that. Maybe you had a bad personal experience in a country with nationalised medical care, or maybe you’re spouting propaganda you’ve been fed from a very free-marker country that you live in but it’s very bizarre.

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Comment by G-man
2009-10-17 02:53:39

Dude, you’re an American.

If you care that much about your child, then LEAVE Japan. Go home. You don’t have to stay in Japan. We’re all quite sure you’ll be fine once you get back to the States in finding a job or settling down again. You’re not Japanese, nor is your wife. We all know that, being American yourself, you can get U.S. citizenship for your child in the U.S. without a single problem.

Using the media to bring attention to this in this way that you did, was not the right way to go about doing it – PRECISELY because now, it is exposed as a slight, because there is nothing but complaints.

Now you’re going to have people all over you. Why would you do it like this? I don’t understand. I really don’t. Because, quite simply, you’re not going to change the system overnight. This “problem” which you’re describing that supposedly exists in Japanese National Medicine won’t be fixed like this if there aren’t enough places nor people to do the jobs you’re describing!

You might as well go back to the U.S., where there are plenty of care for these kinds of things. And lets see if you can handle the non-socialized medicine methods of the U.S. that will literally strip you of your bank account before you even know what hit you.

Good luck and good bye.

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Comment by kjin
2009-10-17 06:14:37

I fail to see the harm in bringing attention to the flaws in any medical system, no matter the country. They can’t be improved if we simply ignore them or don’t know the facts to begin with. And Mr. Morrey certainly has every right to draw attention to the state of care in Japan if his son is a Japanese national (which he would be if his mother was one at the time of his birth). According to Mr. Morrey’s website, it’s not as easy as it seems for him to return to the U.S., anyway. Apparently, doing so would make him “liable for international child abduction,” not to mention decrease his chances of having custody of his daughter.

I hope this situation does result in some improvements, no matter how modest, in the state of child care in Japan or the U.S. Spencer’s situation looks like a raw deal no matter how you look at it.

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Comment by Ajapa
2009-10-17 08:44:40

According to Mr. Morrey’s website, it’s not as easy as it seems for him to return to the U.S., anyway. Apparently, doing so would make him “liable for international child abduction,” not to mention decrease his chances of having custody of his daughter.

What if he get full custody toward Spencer? If his ex-wife is proven to have abandoned her responsibility and willingness for rearing or helping Spencer, it might be easy to get full custody for Mr. Morrey now, isn’t it? As far as I read the CNN article, he seems to be requiring joint custody to be approved by the Japanese family court. What is the actual problem for Mr. Morrey to go back to his homeland?

I think CNN and Kyung Lah’s attitude is problematic. They spotlight a U.S. citizen struggling in Japan, but they completely ignore Japanese citizen in a similar situation and Japanese people who are making effort to improve the current situation. This kind of reports may just result in giving a superiority feeling to U.S. citizens, but affect nothing to the Japanese society. In Japan, it is already recognized by some as a social problem that there are many problems, like harder working environment in children’s hospitals, shortage of pediatrician, access problems in rural areas, insufficiency of pediatrics ICU, and so on.

Only Hollywood celebrities, American politicians and journalists can save African from starvation, warfare, and dictatorships but no effort made by Africans? No, there must be many African people who are seriously tackling their problems.

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Comment by blue cat
2009-10-17 13:17:35

His son is not Japanese national, but has dual citizenship both Brazil and USA.
You should make sure that his wife is not Japanese.

USA cannot afford to provide the national health insurance even for their citizen nor legal immigrant living in the USA. Why is it possible to provide a free medical care for someone living in other country because of he is American.

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Comment by hl
2009-10-17 09:01:52

It sounds to me like he probably will go to the US for his son, but right now he’s trying to be there for both his son and daughter which is why he is sticking around in Japan for now.

I think he’s hoping for some development with the daughter as well before he has to return to the US for the sake of his son.

That’s the impression I got.

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Comment by Dan
2009-10-17 14:10:15

Did you even read the story? He’s not exactly in a position to just drop everything and leave on a dime considering he has another kid to deal with.

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Comment by NPC
2009-10-17 05:54:16

That’s a very tricky situation. I would hope other parents with this issue speak out and come together to push this into the public eye. But maybe such a thing is a cultural difference? That’s the only reason why I can think of the thorough resources and advocacy groups he needs do not exist already.

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Comment by Spencer's Dad
2009-10-17 14:03:36

G-man,
Would you feel comfortable leaving your daughter in the care of an entire family that abandoned all responsibility for your handicapped child and won’t even acknowledge there might be stress-related psychological issues that is either affecting your daughter now or will have severe consequences in the future?
Despite being an American (my children are American- Brasilian dual nationals), I have been advised by several lawyers that I might be blocked from even boarding the plane should I try to go back without a written agreement from my wife or a court order. Especially now with the whole Savoie mess.
I won’t go into all the legal complexities- CNN over-simplified for regrettable, but obvious reasons. We are technically still married in Brasil/ US and thus have joint custody. The courts here are not doing anything. They are aware of the situation and have not made any ruling in over a year. Ultimately, THEY claim since neither of us is Japanese, they have no jurisdiction in civil matters and Japanese law doesn’t apply. Brasil and America have no jurisdiction because we are in Japan. The Japanese courts have told me in no uncertain terms- if they rule, they must use Brasilian/ US law as the basis of their ruling. That is the only reason I, personally, have talked about “international” laws. My main argument has always been a mother that abandoned her child (disabled or not) should not retain custody of the other children nor should the system be dragging a decision out when the children’s welfare is so obviously at stake. Anyone that disagrees on the basis of nationality issues has clearly never been a parent (I am restraining my opinion here).
Back to returning to America- If I were to travel internationally, I would be criminally liable for “kidnapping” in Brasil, possibly the US and under the Hague. I could be arrested or extradited to Brasil if/when I try to get my daughter through normal legal channels.
So I have a choice- give up completely on ever seeing my daughter, leave her in an obviously unstable environment, and hope legal troubles never materialize if I can get on the plane or try to protect both of my children (and help their mother if she were willing), follow the prevailing laws, ask for help and try to make positive changes that affect people every day in Japan (legal or medical). Keep in mind- for every “foreign” case like mine, there are thousands of “domestic” cases that go unnoticed. If you noticed in my interview, I said “I want the Japanese family courts to place the welfare of the children above everything else”, not American, Brasilian, or even Japanese children. If a Japanese friend were in a situation like mine, I would be appalled and do every thing in my power to help. Most Japanese people I have spoken with are equally amazed/ appalled the court has not acted yet in my case (in my favor- most lawyers say I have no chance- a sad statement in itself).
“Forcing” Japan to sign the Hague will have absolutely no effect for parents that lose access to their children while living in Japan- (probably 99% of cases, but they should still sign). Japanese courts would have internationally recognized jurisdiction. Cases like Savoie’s might make great headlines, but will do little to help solve the true problems and may even make them worse in the long run. Any system will only make lasting changes as a result of pressure from within.
If going to the States (or anywhere) would miraculously cure Spencer, I would be there in a heartbeat. Unfortunately, that is not the nature of his condition. So legal issues aside- what would you do?

Craig Morrey

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Comment by Ajapa
2009-10-17 20:49:04

Spencer’s Dad,

You can attach your reply to a specific comment by clicking “Reply to this comment” shown at right-bottom corner of a comment box.

Despite being an American (my children are American-Brasilian dual nationals), I have been advised by several lawyers that I might be blocked from even boarding the plane should I try to go back without a written agreement from my wife or a court order.

Who does hold (full) custody over Spencer in Japan now? What agreement did you and your ex-wife have made in your divorce suit? What is the legal basis of your lawyers’ advice?

We are technically still married in Brasil/US and thus have joint custody.

If you are a U.S. citizen just happened to live in Japan and you haven’t divorced in U.S. and Brasil, then isn’t it enough to call your “wife” and ask if you can go back to U.S.?

The courts here are not doing anything. … Ultimately, THEY claim since neither of us is Japanese, they have no jurisdiction in civil matters and Japanese law doesn’t apply.

But you went to the court here with your ex-wife in divorce suit, and they admitted having jurisdiction over a civil matter you had involved, divorce from your ex-wife. Did THEY suddenly change their attitude?

My main argument has always been a mother that abandoned her child (disabled or not) should not retain custody of the other children nor should the system be dragging a decision out when the children’s welfare is so obviously at stake.

According to the Civil Code Article 834:

The family court can declare the loss of custody [parental authority] by request of children’s relatives or public prosecutors when a parent holding custody make improper use of custody or is remarkably misconduct.

Your claim is fairly proper and the family court should soon declare that you hold full custody toward Spencer if the family court admit that they have jurisdiction over this issue. I am getting more confused on what is ongoing now.

If going to the States (or anywhere) would miraculously cure Spencer, I would be there in a heartbeat. Unfortunately, that is not the nature of his condition. So legal issues aside- what would you do?

If you have relatives or close friends in U.S., you may receive better support from them. Also, you, as a U.S. citizen, can get various supports from many organizations and sufficient medical services for disabled children than in Japan, as indicated by the CNN article.

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Comment by SpencersDad
2009-10-18 01:52:21

I will try to cover everyone’s questions with a single reply so please bear with me. To paint with a broad stroke- if it was easily resolved, it would have already been done.

Kyung and I both disagreed with the higher-ups about saying we were divorced in a Japanese court- We weren’t. It was a kyogi rikon (city hall divorce) which the city hall should not have accepted because neither of us is Japanese. Since it is not a concept in America, they decided it would confuse matters too much. A kyogi rikon is not recognized by Brasil or America. Ironically, the Japanese court is recognizing our “divorce”, but the city hall is not. I am not eligible for the single parent subsidy because I can’t prove I am single in the States (same city hall that accepted the kyogi rikon).
So the court didn’t exercise jurisdiction in any civil matter. In fact, I suggested we start from scratch to make it easier and legally recognised everywhere, but changing the record at city hall would be exercising judgement. Plus the same Japanese law applies- the Japanese judge would have to rule using Brasilian/ US state-specific divorce laws- It is hard enough to know the laws of your own country without having to try to learn the laws of other places so it is understandable why a judge wants nothing to do with it. If there were internationally recognized standards, life would be much easier for everyone.

Side Note: Making a long story short- my wife’s family’s religion had her convinced Spencer is handicapped because our spirits weren’t in harmony during pregnancy among other things. She was petrified the same thing would happen with Amelia if we were “together” and wouldn’t consider hormonal issues or anything else. An incredibly delicate psychological situation that no one wanted to deal with. If the person (honnin) doesn’t ask, there is no way to force them to get counseling or other help in Japan unless they do something drastic at which point it is too late. Not passing judgement necessarily, but when you are faced with a situation like Spencer’s, grasping at any belief, particularly one you were raised with, to make sense of “why” something happened is quite common. Check out Spencer’s Story on the website.

With respect to custody of Spencer, it could be argued that I have custody based on the kyogi rikon- but it is not a valid legal argument outside Japan- thus the dilemma. Even within Japan, my wife could claim she has custody because there is no record.
Legal custody of Amelia has never been formally determined in Japan. My wife has it by default but again there is no legal documentation.
The courts say they have no way to record a legal custody decision because neither of us has a koseki (family registry). The judge has said we have joint legal custody and full equal rights to access under the Brasilian/American law and actually asked that I rescind that lawsuit. They claim they can’t issue a written ruling stating as much. He said the only thing he could rule on was “physical” custody/ guardianship while in Japan. He still has not issued a ruling.
So in short: We have joint legal custody, with no documentation in Japan. The court has not enforced visitation or anything else nor have they issued a ruling on “guardianship” while in Japan- despite the extenuating circumstances. Without legal documentation from somewhere, I am at substantial risk if I leave.
As an added bonus, they switched jurisdictions from Okazaki to Yamaguchi when my wife moved. Apparently the judge did not think having to travel with Spencer and his medical equipment for several hours by train was justification enough to retain jurisdiction- so much for the stated purpose of “best interest of the child”
When I try to explain to the court that if I leave with Spencer, I would be committing a crime in Brasil and the States, it rings on deaf ears because it is not a crime in Japan- so they don’t see the need for a speedy resolution even with Spencer. Plus they now claim the can’t rule on 1 child at a time. To be clear, I am trying to get custody/ guardianship of BOTH children.
As you mentioned, in most places including Japan (Civil Code Article 834), abandonment of one child should disqualify you for retaining custody of another. It should be an open and shut case, especially since the court has documents from my wife stating I would have custody of both children-before she changed her mind.
Common sense would suggest that my wife’s decision to no longer care for Spencer would be sufficient grounds to let me leave without legal problems. Legal issues seldom if ever use common sense. Should I continue trying to get custody of my daughter through courts in Brasil, at the very least I lose credibility because I have broken Brasilian law (married parents are not even allowed to travel domestically in Brasil without the consent of their spouse) or I could be extradited/ arrested. I have repeatedly asked my wife and been ignored.
As you can see, it is incredibly complex and certainly wouldn’t fit in the space of a segment on CNN. Kyung did the best job to get the conversation started about our story. For that I am very grateful. I am also following it up with the Japanese press from the standpoint of the courts need to be fixed- not because I am American, but because the children are the most important.
For example, when he has the power to stop it, how can the first judge force Spencer to travel for hours to get to court? Personally, I think he wanted nothing to do with the case because it was too difficult. By Japanese law, he could punt it so he did. Even the fact that by law, jurisdiction falls to the locale of the defendant is absurd. Theoretically, a parent could just keep moving and the case would never be heard.
I have not asked for special treatment because I am foreign. As Ponta pointed out, the judge has no reason to favor one foreigner over another so essentially our case could just as easily be seen in the same way as a dispute between 2 Japanese.
My whole point if you didn’t know either of us was foreign, it is clear the courts in Japan are not placing the welfare of the children above everything else. That is the story that needs to be told. Everyone should be appalled.
My personal situation is just an extreme example, but maybe one that everyone can relate to on a human level. Trust me, I would much prefer to not be in the situation I am, but I like to think something good will come of it.
I agree it is unfortunate to be tied to the Savoie case for a variety of reasons I won’t go into. He brought attention to a problem, though
Kyung Lah was very apologetic about the lack of depth and that it wasn’t a solo story. We thought it was more important to get the conversation started. As the balloon boy story demonstrates, a compelling story isn’t enough- it has to be “headline” worthy. I realize it is easy to blame the person whose name appears with the story, but there are many different layers where mistakes can get made- It is not like a blog where the person that writes it can upload it and edit it at will or even necessarily determine the tone of the story. Lots of people are involved and they are all human- even the lawyers- haha!. So please cut Kyung some slack.
We are working on the Japanese site and trying to get more depth as well. As you might imagine, my hands are pretty full. More importantly, we are trying to get the message out to the Japanese public/ media in a way that will bring about positive changes for everyone. Thanks- Spencer’s Dad

P.S. Ponta- what argument could my wife have that would justify not caring for Spencer? I have messages from her thanking me for being such a wonderful father to him which begs the question why wouldn’t she want me involved in our daughter’s life too. It is a tragic situation probably brought on by the overwhelming stress. I would like nothing more than to support my wife while she gets the help I think she so desperately needs. The courts are unwilling and/ or unable to acknowledge or act upon psychological concerns which have a huge impact on children. Most mediators/ court investigators have no formal training in marriage/ relationship counseling, child development or child psychology. The court in Yamaguchi does not even have a social worker on staff. Hard to see how they are qualified to determine the “best interest of the children”

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Comment by ponta
2009-10-18 16:34:28

A kyogi rikon is not recognized by Brasil or America.

Does that mean you are not (recognized as) divorced in Brazil or in America?

. I am not eligible for the single parent subsidy because I can’t prove I am single in the States (same city hall that accepted the kyogi rikon).

I am confused. Japanese courts recognize your divorce and the city hall recognized your divorce, and yet the same city hall does not recognize you as a single father? There should be something we can do on this matter. I’ll leave the message on your website with my e-mail address. Please let me know the details. I’ll call the city hall and ask what’s going on.

Legal custody of Amelia has never been formally determined in Japan. My wife has it by default but again there is no legal documentation.

You divorced before your daughter was born?

 819条
1項 父母が協議上の離婚をするときは、その協議で、その一方を親権者と定めなければならない。
2項 裁判上の離婚の場合には、裁判所は、父母の一方を親権者と定める。
3項 子の出生前に父母が離婚した場合には、親権は、母が行う。ただし、子の出生後に、父母の協議で、父を親権者と定めることができる。

When I try to explain to the court that if I leave with Spencer, I would be committing a crime in Brasil and the States, it rings on deaf ears because it is not a crime in Japan-

Is that because it is not a crime in Japan , or because it would not be a crime in the States either?
Suppose you are still recognized as married in the U.S. there will be no problem in taking your son to your home country.
Suppose you are recognized as divorced in the U.S. There is no court order for you to stay in Japan. On what charge the police will arrest you?
And practically speaking I still find it hard to understand how someone can be charged for taking his son to his home country when his wife left them and refuses to meet them.

It should be an open and shut case, especially since the court has documents from my wife stating I would have custody of both children-before she changed her mind.

I can’t say much because I don’t know the whole story from the all sides., but it is not clear that it is in the best interest of the children for you to take care of both children especially when you have to devote almost all of your time to one child. It might be better that the mother takes care of the daughter and the father takes care of the son especially when her reason for leaving the father and the son was as you described.

it has to be “headline” worthy.

It was unfortunate  Japan had to be backward, wacky, different to make headline worthy for Kyn Lah. At the least as a journalist, Kyn Lah should have checked the facts (about J system, your case from the relevant institutions etc.) independently of what you said.

So please cut Kyung some slack.

It was fortunate that your story came to light, but that is all about everything good about the article. Some might even suspect Kyn Lah just wanted to make another American “hero” in Japan like Savoi. It might be that she just used your story for that.

We are working on the Japanese site and trying to get more depth as well. As you might imagine, my hands are pretty full.

I understand your predicament. Take time, if you need help, I’ll help you.

P.S. Ponta- what argument could my wife have that would justify not caring for Spencer?

None. But as you know too well, divorce and custody issue is always more complex that we can imagine. It is not fair to make a judgment before we hear the story from your wife.

By the way have you check NPO for children with cerebral palsy ?

子どものための患者・家族会(主に愛知県内)のご案内

 支  援  病  名  脳性麻痺など重症な心身障害児(者)

ttp://www.achmc.pref.aichi.jp/S004/shinshinsyougaiaichi.htm

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Comment by Ajapa
2009-10-18 20:08:20

Sorry, I could not catch up… But maybe, there are still some need for confirming facts step by step.

Kyung and I both disagreed with the higher-ups about saying we were divorced in a Japanese court- We weren’t. It was a kyogi rikon (city hall divorce) …

So, someone in CNN forced Kyung Lah to tell a little lie, maybe just for simplification, as the most of Americans don’t understand “kyogi rikon”. You and your ex-wife had done a “divorce by agreement” but not in the court, i.e., you presented several documents, proving that there was a mutual consent to the divorce, to the city hall.

It was a kyogi rikon (city hall divorce) which the city hall should not have accepted because neither of us is Japanese. Since it is not a concept in America, they decided it would confuse matters too much. A kyogi rikon is not recognized by Brasil or America.

According to an English translation of “Act on General Rules for Application of Laws” [Note: Link to a PDF file], amended 21 Jun. 2006:

Article 25 [Effect of Marriage]

The effect of a marriage shall be governed by the spouses’ national law when it is the same, or where that is not the case, by the law of the spouses’ habitual residence when that is the same, or where neither of these is the case, by the law of the place with which the spouses are most closely connected.

[Note: I have omitted a note attached to it]

You are a U.S. citizen and your ex-wife is a Brazilian citizen. Then, if both’s habitual residence are Japan, the Japanese law should be applied to your divorce issue. Hence, the city hall should have accepted “kyogi rikon” of yours? However, as U.S. and Brazil (probably?) do not approve the “kyogi rikon” (and any other extra-judicial divorce?) in Japan, the U.S. court does (or may) not recognize your divorce.

Ironically, the Japanese court is recognizing our “divorce”, but the city hall is not.

Isn’t it opposite? The city hall accepted “kyogi rikon” but the court does not recognize your divorce.

I can’t still understand the situation well enough. It’s too complicated?

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Comment by Loaded
2009-10-19 15:52:15

Excuses, huh?

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Comment by Spencer's Dad
2009-10-20 00:07:43

I have never really focused on the laws except in response to the courts. As you have seen- it is ridiculously complicated. None of the “laws” affect the welfare of the child. I have only used the courts to “force” a conversation with my wife- theoretically with an unbiased, professional opinion.
One could legitimately argue abandonment of a child by a mother is indicative of underlying psychological issues. Refusal to seek counseling despite extenuating and incredibly stressful circumstances indicates a failure to address the problem. Past actions are also fairly reliable indicators of future responses, especially without treatment/ counseling.
Should a mother who has demonstrated an inability/ unwillingness to care for a child, be allowed to retain custody of another? If so, shouldn’t she be required to get stress counseling as a condition of custody at the very least?
What justification could any court in the world have for taking the second child away from the parent who has proven his commitment and responsibility- especially when they are in possession of documents (social worker statements, court filing
s) showing the same mother repeatedly stated the father would have custody of both children following the birth?
Given the above circumstance, what justification could a court possibly have for not issuing a single ruling on the case for better than a year?
Technically, I initially filed for a change in my daughter’s custody which my wife got by default- (nothing could be done until a “live” birth was recorded). According to the courts, custody has never actually been determined- so the suit was switched to (shinken shite) or custody determination. They then claimed they have no jurisdiction since we are both foreign and can only determine guardianship while in Japan.
Nevertheless the question remains “Should someone unstable enough to abandon one child be considered stable enough to raise another?”

P.S. Your comment about kyogi rikon does apply to divorce, but not to custody of the children- again highlighting the need for international standards/ cooperation. City hall recognizes the divorce- just not for the single parent subsidy.
Another example of legal bias towards mothers: Single fathers get less than 10,000 yen/ month. Single mothers get 50,000+ yen/ month- atleast in Okazaki

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Comment by ponta
2009-10-20 10:31:29

Spencer’s Dad

I have never really focused on the laws except in response to the courts.

But you need to know the law to convince the court.

It seems you are not an expert on laws, on the Japanese institutions available for the disabled, how the systems are working for what reasons etc.
Again Kyn Lah should have checked the facts about the laws, Japanese institutions, so called international standard etc.for you and for the readers.
And we need facts for the best interest of your son.
Do you have a Japanese person near you to help you?
I called the city hall of Okazaki, but they said they needed to know the details.
What’s your registered name in Katakana (or in Japanese)?
Do you have 障害者手帳 a shyougasya techou for your son?
Lots of more details are needed to actually help you.
I left the message on your website with e mail address. If you like, let me know.

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Comment by ponta
2009-10-17 22:46:14

My main argument has always been a mother that abandoned her child (disabled or not) should not retain custody of the other children nor should the system be dragging a decision out when the children’s welfare is so obviously at stake.

That sounds very reasonable argument. But I am sorry we are yet to hear your-ex wife’s and the court’s opinions. Japanese court does not have any interest favoring a Brazilian over an American. Its judgment is supposed to be in the best interest of the child.

Back to returning to America- If I were to travel internationally, I would be criminally liable for “kidnapping” in Brasil, possibly the US and under the Hague.

This is where I am a bit confused. Do you want to return to America with your son AND your daughter? In that case, yes, without your wife’s consent, you might be criminally charged because (it seems) the mother holds physical custody over the daughter . But I find it hard to understand how someone can be charged to return to home country with his son when his ex-wife left them and refuses to meet them.

 If you think you can give your son better treatment in the U.S. and you have little chance to meet your daughter, at least for now, it is not unreasonable to return to America with your son and organize the life in the U.S. for your son and plan the next step to meet your daughter. Did you consult the American embassy?

As for your assessment on the medical service in Japan, I think we need more information to help you. 

It was unfortunate Kyn Lah didn’t check the facts on your story and high-handedly related your story to Savoi’s case where Kyn Lah didn’t disclose the unfavorable report to non-American citizens, such as the fact that one of the main reason they divorced was most likely to be his affair with Amy, his new wife—according to the court transcripts,

 Do you read and write Japanese?

 I am asking this because when someone cannot read Japanese, s/he tend to miss the opportunities that s/he could get otherwise and I noticed you were writing your story in English on your website, but if you wrote in Japanese, it would be much easier to get help and usuful informatin from Japanese people.

In any case, I wish you the best of luck.

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Comment by ponta
2009-10-18 09:42:48

the unfavorable report to non-American citizens
→ unfavorable report to American citizens

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Comment by blue cat
2009-10-21 02:38:54

“I am confused. Japanese courts recognize your divorce and the city hall recognized your divorce, and yet the same city hall does not recognize you as a single father? There should be something we can do on this matter. I’ll leave the message on your website with my e-mail address. Please let me know the details. I’ll call the city hall and ask what’s going on.”

The divorce certificate in Japan does not prove that any foreigners are single.
The foreigner can still get marry in their country without telling anything to Japan, isn’t it?
If your new wife is living in USA, you can get marry to her by a mail.
You cannot get marry to a new wife even in Japan without showing a single certificate in USA, same that you can’t receive a single parent subsidy in Japan.

Where is your sovereign country?
You should be more aware of international low.

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Comment by Freedom Fries
2009-10-17 16:43:38

He could just go to Canada, or England, or FRANCE, for that matter!

He’d be treated well in Canada! They’re well proud of their British-based Socialized Med there.

If he goes to France, he’d also be treated as an EQUAL to the Frenchman there – which is the way they handle it. EVERYBODY who goes to France gets the same care. That is a FACT.

So why is he sticking around to mess about with a “developing” situation with his wife and daughter? His disabled son should come first and foremost, over ANYTHING. You, as a person, decided to have a child = that then means you gave up your life to look after the child = so look after it, then!

Go to France.

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Comment by Bill
2009-10-17 21:13:58

I can only presume that those trying to slight Mr Morrey above either don’t have kids, haven’t read the story, or both. Clearly he would like to get American care for his son, but at the same time can’t abandon his daughter, something that any father can understand. And I’m just not sure whether “Freedom Fries” comment above is complimenting or attacking the European health systems. Either way, it’s pathetic that people are trying to turn this story into some political debate. Being British, I can tell you that Europeans would welcome Mr Morrey into one of our hospitals and would hope that Spencer got the same great standard of care that we generally receive. And guess what? We’d even pay higher taxes for it ;-)

Good luck Mr Morrey, let’s hope this gets resolved for sake of Spencer, yourself and the rest of your family.

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Comment by blue cat
2009-10-21 01:54:08

Hey, you can’t be representative of British nor whole Europe.
If you can accept disabled child, why don’t you accept all disabled child form Africa.
They are more close to you.
I guess you can only accept a white kid and not a darker one.

If there is any country which accepts disabled child from other country and give them an entire medial fees, all disabled people from all over the world would gather to the country and would eat up the whole medial financial resources.

I can easily guess that even healthy child in a poor country could be handicapped by their parents as their free ticket to a welfare country.

When I was living in Britain, I was told that Britain provides the children medical support only for the children from Europe, not for children from other countries.

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