Tuesday, May 10, 2011

$6.1 million in custody case awarded to Father

Ex-R.I. man wins $6.1 million in custody case

01:00 AM EDT on Tuesday, May 10, 2011

By Richard C. Dujardin

Journal Staff Writer

Christopher Savoie, a former Rhode Islander who drew international attention when he was thrown into a Japanese prison in 2009 for trying to recover his two children from his Japanese ex-wife by grabbing them as they walked to school, has won a $6.1-million judgment against his former wife.

But in an interview from his home in Franklin, Tenn., the University of Rhode Island and Bishop Hendricken High School graduate called the award issued by Franklin Chancellor Timothy Easter a “two-edged sword” in that it gives his ex-wife a strong financial incentive “to do the right thing” and allow him to see his two children, but there is no guarantee that he’ll see his 10-year-old son, Isaac, and 8-year-old daughter, Rebecca, before they reach 20, the age of majority in Japan.

“It’s bittersweet, because rather than getting any money, I’d much rather be in the park playing with my kids. No amount of money can compensate for that time with the kids,” said Savoie.

Along with his second wife, Amy, another former Rhode Islander who began a career in immunology at URI, Savoie, 40, became enmeshed in an international custody battle that unfolded two years after Christopher, who had achieved international stature as an innovator in biotechnology, returned to the United States with his children and Japanese wife, Noriko, in the hope of starting another business.

Not long after the couple arrived, Christopher sued for a divorce, and two months after being granted the divorce decree in January 2009, married Amy, whom he had known since his days at URI. Savoie says that, as part of the settlement, his ex-wife agreed to provide him custody of the children in exchange for a monthly payment of $5,500 along with other payments for their education.

Then, just days after Christopher and Amy gathered with friends and relatives and their two young children at a waterside restaurant in East Greenwich to celebrate their six-month wedding anniversary, Noriko told Savoie and the judge in Tennessee that she wanted to take the children on a brief vacation in Japan before they resumed school in the United States. It was only when the Savoies saw that there was no planned trip back that they began to suspect that their children had been abducted.

Savoie says that contrary to some reports in the media, his two children had always been brought up in an English-speaking environment. Isaac, who was born in California and went to preschool in the United Kingdom, scored in the 98th percentile on the standardized English test in Tennessee, and Rebecca was doing well, also.

In fact, he says, when he came upon their children on the street in Japan, their mother was walking closely behind because she needed to interpret for them because they were not fluent in Japanese. Savoie thought he could whisk them off the street, carry them off to the U.S. Consulate and bring them back to the U.S., only to see his plan foiled when officials at the consulate did not open the door and allowed him to be arrested by Japanese police.

Despite the exposure provided by his nearly three-week imprisonment, Savoie said he has not seen his children again. Every time he attempts to reach the children by phone, their grandparents hang up on him.

Savoie said his anxieties increased significantly after the Japanese earthquake and nuclear disaster. He said that while he was told the children are safe, by his calculations, “they are within the nuclear fallout zone.”

Savoie said the events of the last few days have given him some new hope. The judgement issued by a Tennessee court on Monday is designed to get his ex-wife’s cooperation by cutting off any future financial payments by her as soon as she agrees to return the children.

Although the court system in Japan recognizes that he has been awarded custody of the children by a Tennessee court, the problem is that Japan has no way of enforcing the custody settlement, Savoie said, but it does have a method of enforcing the financial penalties. “We have a set of lawyers waiting in the wings” to put in the mechanism to see the judgment implemented.

Savoie said he has also been buoyed by what he says is a recent announcement by Japan that it plans to sign the Geneva Convention, a move that would make it easier for international parents to recover their children who have been taken in custody disputes.

In the meantime, Savoie said the international custody battle has caused him and Amy to reconsider their calling. Instead of immunology, both are now students at Nashville School of Law in the hope that they may be able to help parents of other children — including some 300 in Japan alone — who have been abducted by spouses and are being held in Japan.

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

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