

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.





Asked and answered.