The scenario is: American father is deprived custody of their own kid since the court rules that the mother is granted sole custody of the kid (which they consider both mom and kid as JP citizens, not American) so that creates complications regarding fighting for custody since the kid possesses a different passport from the father even though both parents were married, the only thing dividing them is their nationality (passport).

How can the non-custodial parent get custody of a kid who has a foreign passport? The problem is that one country recognizes 50/50 custody while the other one does not (like USA allows 50/50 custody but Japan doesn’t allow it). CPS has no jurisdiction across borders, and the kid is a non-US citizen so it’s beyond their reach. The only thing the dad could do isn’t legal: by taking the kid on “vacation” never giving them back.

That approach has problems since the kid doesn’t possess an American passport: so they’re counted as an foreign visitor (according to CBP) instead of a US citizen, a person overstaying their visa or beyond the travel threshold is subjected to deportation. Even though the dad wants to keep his own kid: he can’t as their passports are miles apart. Unless the kid renounced JP citizenship, then there may be grounds for custody.

  • FriendOfDeSoto@startrek.websiteEnglish
    0·
    4 days ago

    Sole custody? Not a big chance unless the other parent becomes criminal, sick to the point where they can no longer take care of the child, or worse.

    Japan is embarking on a journey of allowing split custody. That concept is new though because we love a law with tradition that goes back to the Heian era. My layman guess would be they will somehow exclude foreign passport holders without PR, just on principle.

    Forgive me for being this blunt: your friend is effed. They didn’t get their kid a passport. They are at the mercy of the Japanese courts. And even if they had the passport and could ‘go on vacation’ to the US, there is a very good chance the US courts would eventually send the kid back. There is international law at play to prevent child abductions, chief among it the Hague convention, to which the US and finally also Japan are signatories. Your friend’s best chance is a stable life in Japan, a good lawyer, and hopefully no marks on the record that diminishes their chances. Naiveté isn’t a defense. If the friend didn’t know that if the marriage went south this could be the outcome that’s regrettable but also the toughest of luck.

    Also, we only get half the story on hearsay. The other parent’s story might paint a very different picture.

  • pheonixdown@sh.itjust.works
    0·
    4 days ago

    You need a lawyer, from a firm with experience in international law, specific for both countries. Google one, you talk to them, give them the facts, and they’ll see if there’s any way. Do NOT try to self-help this, that is likely to end up poorly for you and/or the child. If you can’t afford a lawyer, start earning and saving now, doing it right in 5 years is better than fucking anything up asap. If you can’t save money for one, you go kick rocks.