In her own words, Masako Akeo talks about her loss

Every Child

Has Two Parents

Japanese family court denies joint custody to mother while helping father hide abducted son

My son’s name is Kazuya. He is sixteen years old now. I can’t see him since he was eight years old. I don’t know where he lives, phone number and his school.

I and my-ex husband were fighting over in the Japanese and Canadian courts over fifty times.

In April 1982, I married my ex-husband in Japan and he is Japanese. We moved to Canada in October1992. My son was born in Canada on November 20 1994 .Our harrowing battle started from this time. I went back to Japan by myself for medical treatment in September 2004. I regret why I went back with my son.

We started to discuss about our life in Canada. My son is Canadian and he grew up there. I and my ex-husband stayed by tourist visa for eight years in Canada. We were arguing several times. He didn’t want to be Canadian immigrant. I was forced to renew tourist visa every six month. So I decided to be immigrant by myself. But you know that I couldn’t work and study in Canada. It was very difficult for me. I came back to see my son in March 2005. We talked about how we can stay in Canada. He said same one and you can’t stay in here and get out from this house. I didn’t have enough money to live in Canada and went back to Japan again. In June 2005, my lawyer appeared in court in Canada on my behalf with no responsive material. He obtained a restraining order that forbid me to enter the premises and gave him exclusive occupancy of the family residence. It also forbids me to remove Kazuya from the jurisdiction without further order of the court. Also he obtained an interim sole custody order.I begged to my father to pay lawyer fee. At that time, my father had terminal cancer and four month to live and I couldn’t do anything against the court order. I left my father and came back to get custody in January 2006. My ex-husband threatened me and all of my family to arrest by local police. I was afraid of him and stayed in the transition house.

1The final divorce order was issued in Canada in March 18 2006. The Judicial Case Conference at the Vancouver Supreme Court in March 30 2006. The Supreme Court of British Columbia advised I could get visitation with Kazuya and get a professional psychological evaluation to get insights into his views about his family. Psychologist reported that “it is impossible to rely solely on Kazuya’s opinion, as he has been 'kept in the dark' of essential details regarding his mother. It is difficult to extract the accuracy of Kazuya’s desire to see his mother, as I tend to believe that he does not want to displease his father. Kazuya is in great need of his mother because of the initial and fundamental attachment that he had with her.” However, they left from Canada to Japan in June 26 2006.

My lawyer went to court and got the custody order changed in October 27 2006.Under the new order, my ex-husband and I have joint custody and guardianship of Kazuya. The judge said that neither I nor my ex-husband shall remove Kazuya from the jurisdiction without a further order from the court or consent of the other party. It was too late. I showed Canadian court order to Nerima Ward Office in February7 2007. They accepted this document. I also got joint custody in Japan, However, Tokyo family court changed from joint custody to his sole custody. I appealed the High Court against this court order, but they denied in March 9 2010. I appealed to the Supreme Court now.

About access to my son:

March 24, 2005: Since this day, I did not see him in the Tokyo Family Court untilMarch 05,2008

March 05, 2008: Tokyo Family Court: One hour, He said me “I am so happy to see my mom and I want to see her again”

April 30, 2009: Tokyo Family Court: Forty five minutes, we were playing Nintendo DS and he wanted to take a picture with me. We took a picture with Nintendo DS. That’s it.

I found his school. But I couldn’t go there. Because of it will be problem for family court. I have to be patient. Someday I will be able to get legal access. It became hopeless. My ex-husband suggested me agreement of access. It contented I can see him in my ex-husband’s lawyer’s office every two month, we bring lunch together and eat in there.

September 14 2009, it was last mediation. I hoped to get access. So the mediators showed my son’s letter to me. He said that he is busy to study and it is difficult to see you. Then this mediation finished and I was forced to get court order.

I thought if he goes to high school, I will not see him forever. I checked his school calendar. It showed his school will have a choir concert. It said everybody can see in the school.

I begged to my friend and we go together. October 17 2009, I was waiting in the restaurant near my son’s school. My friend visited and met the principal. My friend said he is very nice and I will be attending my graduation ceremony. However, the principal said that today is not good day. Because of many students missed school by flue. Today Parents only can attend. I thought I am his mother and his parent. I decided to attend a choir concert. It was in gym and very easy could go in. My ex-husband was not there. My son was singing. When he finished singing a song, I said to him “Kazuya” He saw me and smiled. Suddenly the principle came to me and he took me another room. He said me that Don’t come this school again, don’t attend the graduation ceremony and if you want to attend I need my ex-husband’s permission. I was so desperate. After that we were waiting to see him again in front of school gate until 6 o’clock. He didn’t come from school.

I heard from Setagaya assembly that my sons don’t go to school since then. I attended the graduation ceremony with my mother on October 17 2009. However my ex-husband and my son were not there. They escaped from me again.

Tokyo family court ruled access to my so on May 14 2010. They said that my son worried about me who tried to kidnap, he couldn’t go to the school and I show no sign of remorse. Then they denied directly and indirectly to access my son. Furthermore they ruled I should pay child support to missing son on July 7 2010.

I had hearing on June 112010. My ex husband said Kazuya don’t go to high school.

My life is hopeless. Still I don’t know where he is. I can’t get any information. I think I will not see him forever, or I should wait for he is coming back forever. Please help missing son. Every day is nightmare.