Court backs Henderson woman in Japan custody battle

By Cy Ryan (contact)

Friday, Nov. 13, 2009 | 10:36 a.m.

CARSON CITY – In a custody battle that spans two continents, the Nevada Supreme Court has ruled that three children, now with their father in Japan, must be returned to their mother in Henderson.

The court affirmed the ruling of Clark County Family Court Judge Cheryl Moss, who held that the “home state” of the children is Henderson with their mother, Yoko Ogawa, who has filed for divorce from Shinichi Ogawa.

But the court conceded there may be problems enforcing the ruling of Judge Moss because Japan has not signed an international treaty that “promotes the prompt return of children who have been wrongfully removed from their state of habitual residence.”

The children went to Japan in August 2004 for three months of vacation but were supposed to return to Henderson to their mother, who became a lawful permanent resident of the United States.

The father never sent the children back to the United States and Yoko filed a custody suit. Judge Moss found the father had wrongfully withheld the children in Japan. The Supreme Court said Judge Moss properly ruled, even though The Hague Convention treaty does not apply. And it said the mother is free to “pursue other remedies” to gain the return of her children.

The Supreme Court did overturn the decision of Judge Moss to grant a default divorce decree filed by the mother. Although Shinichi did not appear at the divorce hearing, he was represented by an attorney.

In the divorce order, Judge Moss granted the mother’s request for child and spousal support of $1,798 a month, full ownership of the home in Henderson and part ownership of a house the husband had purchased with his father in Japan.

The Supreme Court said Judge Moss must decide the divorce complaint on its merits, rather then on a default decree. It said the family court judge must decide such issues as whether Yoko gets sole legal and physical custody of the children with no visitation from the husband, the support and property questions and the attorney fees.