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Christopher Savoie in happier times with his children Isaac and Rebecca. His ex-wife took them to Japan and has not allowed him to see them.
By
TODAY contributor
updated 11/9/2009 10:00:41 AM ET 2009-11-09T15:00:41

American Christopher Savoie is back on U.S. soil after spending a harrowing 18 days in a Japanese jail for trying to wrest his children away from his ex-wife. But the joy of being reunited with his current wife, Amy, is muted by the heartbreak of having to leave his son and daughter behind.

Savoie, 38, was locked in a bitter custody battle with his former wife, Noriko, when she fled to her native Japan with the couple’s 8-year-old son, Isaac, and 6-year-old daughter, Rebecca, on Aug. 13. On Sept. 28, Savoie flew to Japan to reclaim his children — but as he headed up the steps of the U.S. Embassy in Fukuoka with Isaac and Rebecca in tow, he was promptly arrested by Japanese police.

Appearing live in his first interview since being released on Oct. 15, Savoie, accompanied by Amy, told TODAY’s Meredith Vieira that being a free man is a hollow victory without his children beside him.

“It’s absolutely horrible; there are no words for it,” he told Vieira. “Basically, I’m dead to my children.”

Troubled relations
At issue is the sticky state of U.S.-Japan relations regarding custody of young children whose parents have gone their separate ways. According to the International Association for Parent-Child Reunion, there have been some 125 cases of American children who have been abducted by a parent to Japan. To date, not one child has ever been returned to the U.S.

Part of it is legal: Japan is the sole G7 nation not adhering to the 1980 Hague Convention calling for the return of children abducted across international borders. And part of it is cultural: According to Japanese tradition, children of divorce are given to one parent, almost always the mother, and the other parent is basically written out of their lives.

While U.S. officials try to pressure Japan to acquiesce to Hague Convention standards, Savoie is seen as a maverick who tried to take the law into his own hands in getting his kids back. But Savoie told Vieira he believes he had solid legal standing, even by Japanese law, in traveling to Japan to reclaim Isaac and Rebecca.

TODAY
Christopher Savoie’s ex-wife, Noriko, took their two children to Japan. She is one of a number of Japanese mothers who have brought their children back to Japan and refused to let their ex-husbands visit them.
Savoie and Noriko were married in Japan in 1995, and he still carries a Japanese passport from his time as a student and working for a pharmaceutical company there. The couple split in 2007, and when Savoie moved back to the U.S. in 2008 for a job with a biotech company, Noriko followed a year later so the pair could both spend time with their children.

But the arrangement never worked well, Savoie told Vieira. He claims Noriko was antagonistic toward his new wife, Amy, and often threatened to take the children back to Japan with her. Savoie sought a restraining order in his adopted hometown of Franklin, Tenn., to keep Noriko from fleeing with the children, but it wasn’t granted.

‘Big shock’
On Aug. 13, Savoie was notified that Isaac and Rebecca were not present at what was supposed to be their first day of school. Savoie told Vieira that initially, he imagined even worse scenarios than the notion that Noriko had taken off with them.

“Horrible thoughts went through my mind,” he said. “The first thought wasn’t that they might have been abducted; I was worried that something might have happened to them, something horrible.”

Savoie finally reached his former father-in-law in Japan, who told him the children were safe and sound and with their mother. Savoie began plotting a course of action that led to his Sept. 28 trip to Japan and subsequent imprisonment — but he insisted to Vieira it wasn’t unlawful.

TODAY
Christopher Savoie’s children, Rebecca (now 6) and Isaac (now 8), were taken to Japan by his ex-wife.
“I actually still have, and had at that time, legal custody in Japan — fifty-fifty custody,” Savoie said.

Savoie met up with Noriko as she walked the children to school, wrested them away from her, put them in a car and made a mad dash for the embassy. Noriko told police she was bruised from the scuffle between the pair as Savoie spirited the children away.

But Savoie told Vieira: “Picking my kids up, hugging them and putting them in the car — I hardly thought that would be considered criminal. So it was a big shock to me that police actually took it in that manner.”

Savoie insists he was not planning to put Isaac and Rebecca on the next plane home. “My intention was to go to the consulate and then have a discussion if the police wanted to ask about it,” he told Vieira. “I had all the custody documents with me. If they had said, ‘Please stay in Japan, and have a family court decide the custody first,’ I would have done that.”

‘Horrible’ conditions
Instead, Savoie found himself behind bars for 18 days, under conditions he said were “pretty horrible.

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Video: American jailed in Japan over custody battle “I think it is well known by the United Nations that Japan’s pre-indictment jail conditions are horrendous,” he said. “They’re quite infamous. Almost 18 days of 12 hours a day of interrogation without a lawyer; lights on all the time at night, so sleep deprivation. Really terrible sanitary conditions — it’s just too horrible to recall.”

Still, Japanese authorities released Savoie without indicting him. They say charges are still pending, but Savoie believes he is unlikely to face any charges. “I assume if they had enough evidence to indict with the crime, they would have done so.”

He also says his ex-wife’s claims that he injured her were unfounded. “There wasn’t much of a struggle,” he said. “All of these reports that there was bruising, that never was proven. And that was part of the reason I was released.”

Still, there is no short-term prospect of the dad’s being reunited with Isaac and Rebecca. Savoie’s best hope is that Japan changes its policies — and on that front, there may be a little progress. In a statement to CNN, Japan Foreign Ministry spokesman Yasuhisa Kawamura said the government is considering becoming part of the Hague treaty.

“Japanese government is ... considering seriously to conclude this treaty on the grounds that this treaty would provide one of the most effective measures to protect the children after their parents divorce,” Kawamura said.

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Video: Dad jailed in Japan: ‘I’m dead to my children’

  1. Closed captioning of: Dad jailed in Japan: ‘I’m dead to my children’

    >>> the mesh damerican dad jailed for 16 days in japan after he tried to take his children home after they were taken there illegally by his ex-wife. christopher savoie is here. but first nbc's ian williams has the details.

    >> reporter: christopher savoie traveled to the sleepy town in japan in late september intent on taking the law into his own hands, though it is not a law that japan recognizes. he'd come to take back his two children, isaac and rebecca, who had been brought her by his jab niece japanese ex-wife in defiance of a court order . local police came christopher took his children by force, that there was a struggle which left his ex-wife bruised and shaken. savoie then headed here to the u.s. consulate nearby. he phoned ahead so they knew he was coming. but so did the japanese police who guard this place. he was arrested for allegedly kidnapping the children who were returned to their mother. savoie was then held for more than two weeks at this police station , then released without charge in mid-october.

    >> he's got a hard case going here. not a lot of public sympathy in his favor, unfortunately.

    >> reporter: savoie did not believe he could get a court in japan to return his children since japanese law usually awards custody to just one parent, almost always the mother. that leaves many fathers without access to their children.

    >> this system does tend to encourage the development of this vicious downward spiral.

    >> reporter: family law experts estimate at least 125 american children have been taken in this way, but say it also affects thousands of japanese parents.

    >> it is sometimes quite shocking how easily parental rights are suspended or terminated.

    >> reporter: ambassadors from the u.s. and several other countries have urged japan to sign an international convention that would protect access rights of both parents in a divorce. but that will come as little comfort to savoie , his ex-wife now in hiding with their children. ian williams , japan .

    >> christopher savoie is with us exclusively along with his current wife, amay. good morning to you both. christopher , this has about to be bittersweet with you in the sense you're home now with your wife amy and are safe, out of jail. on the other hand, your children isaac and rebecca are still in japan with your ex-wife. you aren't allowed to talk to them at all, only through an attorney. what has this experience been like for you?

    >> it's absolutely horrible. there are no words for it. i mean basically i'm dead to my children. i mean that's the way it is. you know, a lot has been said about the david goldman case in brazil and in japan , basically for fathers, almost every case is a david goldman case. you never see your kids again. it is just a horrible, horrible thing.

    >> and the way the law is set up in japan , there's no way you would ever see your children again.

    >> well, i actually still technically have legal custody of my children. but the law is not applied in an even and logical manner at all. and that's the problem.

    >> take us back first to august. you and your wife had divorced earlier in the year. that was finalized. in august, the kids are supposed to be in school in tennessee. you get a call that they're not there that day. what happened next?

    >> well, i mean, at first i made a lot of phone calls to noriko's cell phone and their home. there was no answer. i did that for an hour or two.

    >> we visited the house right away.

    >> we did go over there. and all of the blinds were shut and all of the doors were locked and there were no signs of them there. so i mean, horrible thoughts went through my mind. the first thought in my mind wasn't, oh, that they might have been abducted. i was worried that something might have happened to them, something horrible.

    >> you ended up calling her dad in japan . he said -- her family, they said, no, she is here with the kids. she'd taken them from tennessee, a patiently had planned this, had gone to japan . you knew the law was not on your side here so -- because they do not participate with the hague convention . so in terms of child abduction , you have no legal recourse , though you were given custody of them by the courts immediately after she took them. what made you decide, i'm going to go to japan and i'm going to try to get those kids back?

    >> well, i actually still have, and had at the time, legal custody in japan . 50-50 custody. so picking my kids up, hugging them and putting them in the car, i hardly thought that that would be considered criminal. so it was a big shock to me that the police actually took it in that manner.

    >> chris, when you went there in september you weren't just putting them in the car. your intention was to take them to the consulate, get passports and get them out of the country.

    >> my intention was to go to the consulate, and then have a discussion. if the police wanted to ask about it, then i had all the custody documents with me. if they had said, for example, please stay in japan and have a family court decide the custody first, then i would have done that.

    >> was there a struggle as was reported that your wife claimed there was a struggle?

    >> there wasn't much after struggle. all these reports that there were bruising and this was never proven. that's part of the reason i was released.

    >> you spent a little over two weeks in a jail in japan . what was that experience like for you? you described it as scary.

    >> well, it was pretty horrible. i think it's well known by the united nations that the japan 's pre-indictment jail conditions are horrendous. and they have been -- they're quite infamous for almost 18 days of 12 hours a day of interrogation without a lawyer before an indictment. lights on all the time at night so sleep deprivation. really terrible sanitary conditions . it's just too horrible to recall.

    >> they finally released you. you were not indicted but the charges remain on hold at this point. where does it stand right now?

    >> well, if they had wanted to press indictments, in japan they have a 99% success rate with prosecutions. so i assume that if they had wanted, if they had enough evidence to indict me with a crime, then they would have done so. this is a very unusual ruling to keep an indictment on hold. but there is no indictment. i have not been indicted with a crime.

    >> i think we just had a light that blew out. apologize. i know the president will be meeting with the prime minister of japan in just a matter of days an hopefully this matter will come up. i know some senators have asked it come up. thank you for joining us.

    >>> up next, a female soccer

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