Christopher Savoie, a resident of Franklin Tennessee, intends to take his former divorce and child custody mediation attorney in front of the Supreme Court. This litigation is not as much about his performance in mediation, but what he did as a Judge after the divorce was finalized. His claim has already been denied by the US 6th Circuit Court of Appeals.

Why Savoie Is Suing the Former Mediation Attorney

James G. Martin III, before he became a judge, mediated the divorce between Savoie and Noriko Esaki in 2008. In 2009, Savoie was awarded sole custody of his children. In the same month, Ms. Esaki moved to Japan, taking the children with her, and not allowing Savoie to have contact with them. She is currently facing charges for felonious custodial interference as a result.

After having mediated the divorce, Martin was sworn in as a Judge in the district. Martin then removed a restraining order placed on the children's passports to allow Esaki to take them on a supposed six-week vacation in Japan.

Soon after, another judge affirmed Mr. Savoie's custody of the children. When he went to Japan to retrieve the children, Japanese police arrested and jailed him for 18 days. He has not seen or heard from his children since.

Mr. Savoie's Hurdle Against the Former Mediation Lawyer

It is true that as a Judge, Martin perhaps inadvertently enabled his children to be kidnapped by his former spouse. It is true that it would have probably been best if Judge Martin recused himself from the decision to lift the restriction on the children's passports. It may seem that he has a fairly strong case against Martin, but there is a snag.

As a judge, Martin has judicial immunity over his decisions. In some cases, the claim can be strong enough to nullify a judge's immunity. The 6th Circuit Court did not believe that this claim had that kind of strength. At least this much can be said—future child custody mediation between Savoie and Esaki is a moot point.