Prior to the volatility in Japan, the estranged wife of Christian Larochelle had a habit of disappearing without warning and currently does not answer his calls, even if she ultimately told the court he was a good father. After their breakup, she also hid income and falsified documents.
“But the judge did not consider this,” said an indignant Christian Larochelle. “It was me, the disgusting, because I had denounced. But what could I do? Accept it steals my identity? Continue to pay child too much?” (this quote is a direct translation from french and may not sound correct.)
“How often do we hear that fathers must take more space in the life of their child?”, said his new partner, equally appalled. “They then are discriminated against and everyone seems to find that acceptable. Men live quite a balanced drama and struggle only because society forgets them.”
“Sometimes I read a decision and I feel that if you reversed the sexes, the decision would not be the same, but it is not generalized, because the law is a total neutrality,” said Law Professor Alain Roy.
If women more often get custody of children it is that, in fact, they often are the primary parent for toddlers. Moreover, when a separation goes wrong and the accusations begin to come from both sides, it is not always easy to separate fact from fiction. According to Eric Kalmus, of The Japan Children's Rights Network, mothers who want to return to Japan may begin by complaining of violence to the police and leave the country while their spouse is detained.
Certainly making a custody order when a parent moves is “The worst dilemma of family law,” says Roy, because a parent will inevitably be sacrificed. “The judge is not to punish on the one hand,” explains the professor. “The best interests of the child is the primary goal. It seeks to avoid what will be the most harmful: sometimes it is to uproot the child and sometimes it is to change the guardian.”
In this case, Sophie's mother was his primary parent and attachment figure. Canada was in danger of deportation. “The judge has still taken a huge risk,” said Mr. Larochelle. “How could he think that sending Sophie to a completely different country, where people speak another language would be less traumatic than leaving her in Montreal with her father and her half-brother, whom she saw often?”
“If the judge had been convinced that the mother would completely block the father, his decision would probably have been different,” said Mr. Roy. “Is it in the interest of the child to be in the care of a mother who would deprive her of her father? Studies show it's better to have contact with both parents. If contact can not be close, they must at least exist.”
Christian Larochelle has little hope of finding his daughter before she reaches adulthood. And yet, on the condition that her mother would tell horrors about him ... “One day,” he said, “At least my daughter will read this and know that I fought for her.”
The information on this website concerns a matter of public interest, and is provided for educational and informational purposes only in order to raise public awareness of issues concerning left-behind parents. Unless otherwise indicated, the writers and translators of this website are not lawyers nor professional translators, so be sure to confirm anything important with your own lawyer.
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