HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.congcourts/fjctako0001 and id is 1 raw text is:
Commentary: Appellate Court Cases
Takeshi Ogawa v. Kyong Kang, 946 F.3d 1176 (10th Cir. 2020)
Other Tenth Circuit Cases Custody Rights1
Watts v. Watts, In this case, a Japanese couple entered into a di-
935 F.3d 1138 (10th Cir. 2019) vorce agreement that granted the mother parental
authority over their children. Japanese law defined
West v. Dobrev, the terms of that agreement as giving the mother
735 F.3d 921 (10th Cir. 2013) the right to determine children's residence.
Leser v. Berridge,
668 F.3d 1202 (10th Cir. 2011) Holding
Navani v. Shahani, The Tenth Circuit affirmed the district court's de-
496 F.3d 1121 (10th Cir. 2007) cision that the parties' divorce agreement made
de Silva v. Pitts, under Japanese law failed to confer rights of cus-
481 F.3d 1279 (10th Cir. 2007) tody to the father that would entitle him to file a
Sheay v Shelypetition for return of the children to Japan.
Shealy v. Shealy,
295 F.3d 1117 (10th Cir. 2002) Facts
Ohlander v. Larson,
114 F.3d 1531 (10th Cir. 1997) A South Korean mother and a Japanese father
were married in Japan in 2003. In 2006, their twin
girls were born there, and the family lived together until the parents' divorce in 2013. Jap-
anese law gives married couples the option to implement their own divorce by entering into
a binding agreement made between the parties without any involvement from the Japanese
judiciary. In this case, the parents opted to enter into such an agreement, which contained
arrangements for the custody and support of the children. The agreement provided the
following:
* the mother obtained parental authority over the children
* the father was to give due consideration to the welfare of [the twins] when exer-
cising custody
* the father was to hand over [the twins] to [the mother] on the last day of March
2017, but the father continued to maintain the right of custody of [the twins]
after that date
* the father was to begin paying child support in April 2017, and was to continue
until the twins reached twenty years of age
* either party could visit [the twins] once a year
Pursuant to the divorce agreement, the children began living with their father in Japan in
2013. At the end of March 2017, the father failed to hand over the daily physical control of
Commentary-Takeshi Ogawa v. Kyong Kang
Page 1](ViewImageLocal?handle=hein.congcourts/fjctako0001&div=1&collection=&method=preview&ext=.png&size=3)