Enforcement Laws.

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I have heard all the news about courts not being able to enforce court decisions.
What about per diem penalties.
Under section 172 of the civil Enforcement act a court can order the defendant to pay a large penalty for everyday he/she refuses to perform.
There is a case ( I don't know the case number but I am going to follow up on it after this.) about a mother with court appointed legal custody over her four year old daughter and could not induce the husband to give her up. Instead of kidnapping the daughter she sued him. The court gave the man 3 weeks to give her up or pay the mother 30,000yenn for each day that he failed to comply.
With this if the defendant refuses to comply with the per diem order the judge can jail the defendant. He is also allowed to remove the child from the father with force.
There are numerous cases where judges use the per diem act to enforce their orders.

So with the per diem act available and being used why can't we (the fathers) ask the court to force the parent with custody to obey the visitation order, ordered by the court ,or face a per diem court order.
Why isn't that done?
Does anyone Know?
Any comments or ideas?

Jason
Posted By:
Jason
16/02/2004
Order:
Andrew (51 posts)
17/02/2004 14:51:46
I will ask my lawyer!   profile
Hi Jason, That's an interesting idea.....enforcement through financial penalties is a already a common way to ensure people obey the laws laid down, albeit outside family law. I will ask my lawyer in Chiba regarding the pursuit of financial penalties.

To me, a custodial parent who denies visitation is guilty of the most horrendous of abuses - the primary victims being the non-custodial parent and the child, and the family of the non-custodial too . Such abuse should carry a stiff penalty, and should such a law be passed to penalise such abusers, the law should be retroactive to take into account past abuses that would also be punished.

Personally, I think these people should be shamed - put them in stocks and let the non-custodial parent throw rotten fruit at them (I'm serious!). As you have seen yourself Jason, your wife is desperate not to have any blame or shame apportioned to her. That's why she bad mouths you to her circle of friends (to wash her hands of any blame). Imagine a society that shamed parents who abducted their own children, in full public view?

In Japan, guilt is nothing. Shame is everything.

It's a pity that we must always find complicated answers (lengthy legal processes, expensive lawyers, tricky law) to such simple problems.


Edited 17/02/2004 15:09:23
Eeezhy (11 posts)
01/07/2005 00:48:50
re: Enforcement Laws.   profile
will this law apply in japan ? coz my kids been abducted in japan recently im trying to get as many info as i can

thx
Andrew (51 posts)
01/07/2005 10:08:32
re: Enforcement Laws.   profile
Hello Eeezhy - at the moment I know of no Japanese family court decision regarding visitation that gets enforced. I can update you on this shortly - because I'm hopefully going to have a mediation session in Japan in August/September at my ex's local family court - I would like to know what penalties they will give my ex if she denies access to me (since I'll be flying half way round the world).

Edited 01/07/2005 10:08:58


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