Japanese children's custody: Protracted legal battle spills onto social media platforms

Despite the High Court's definitive decision on the custody arrangements for the children, the battle over their custody continues, now spilling into social media platforms.

Following the High Court's ruling, Imran Sharif, the father, took to social media, uploading various posts featuring his daughter Layla. These posts depicted Layla making emotional statements accusing her mother.

On the other hand, videos surfaced on social media showing Eriko Nakano, the Japanese mother, obstructing her eldest daughter from meeting her father, leading to heartbreaking scenes where the father is seen breaking down after being unable to speak to his daughter.

Amidst this ongoing conflict between the parents, it is evident that the children are bearing the brunt of the ugly divorce proceedings.

Imran's legal team appears to downplay the significance of these social media posts, while the mother's counsel emphasizes the importance of the children's safety and reputation.

They said they will raise the issues before the court in the next hearing on Monday.

On February 13, the High Court divided the custody of three children between their Japanese mother and Bangladeshi father amid a protracted legal battle.

Accordingly, the eldest and youngest daughters will live with their mother, Nakano Eriko, while the middle daughter will be with her father, Imran Sharif.

Nevertheless, both parents will be able to visit all their children, the court said.

What the videos show?

In Imran's videos, Layla can be seen making statements to her mother, such as accusing her of neglect and prioritizing her own interests over the children's welfare.

Some of them are – “You never tried to resolve the issue”, “You are only seeing your interests”, “You are not doing anything for your children”, “Custody case should consider children’s interest”.

Imran also alleges instances of mistreatment by Layla's mother.

He said in a post: "Layla endured sorrowful days in Dhaka alongside her Japanese mother in the past. Eventually, she found a way to get away from her mother and seek solace with her father.”

What lawyers say?

Senior advocates Barrister Akhtar Iman, Barrister Rashna Imam, and Advocate Nasima Akter are representing Imran Sharif in the case while BaristerAjmalil Hossain QC and Advocate Md Shishir Monir representing Eriko Nakano.

Eriko’s lawyers condemn Imran's use of social media to involve their underage child in public disputes, stressing the need to keep private matters private.

Advocate Shishir Monir said: “It is very indecent to make a child making such comments about her mother. We tried to stop them, but failed.”

Pointing out that Imran Sharif is trying to generate a public sentiment, the lawyer said:“You need to keep private matters private. That child is being marked by the society. But if she makes these statements, it will generate views, that is also a business. We said clearly, the use of child must be stopped.”

When asked if Eriko also uses social media, he said: “No. Japanese people are very aware of the law and mothers would never bring underage girls on social media like this. She has not done anything without her lawyer’s advice.”

When questioned about the father's involvement on social media, Imran's lawyer, Rashna Imam, suggested that she had not seen the videos but noted the mother's apparent involvement in pushing their child to speak in front of the media.

When Imran Sharif was asked over the phone whether the mother or her lawyers have prohibited him from using the daughter., he said: “I have been uploading videos weekly for the last three years. It is irrelevant, I am hanging up.”

What happened earlier?

Eriko Nakano married Bangladesh-born US citizen Imran Sharif in 2008 in Japan.

They became parents of three children after that. In 2020, Eriko filed a divorce petition with Japanese court.

On January 28, 2021, she also filed a case with a Tokyo family court for the custody of their three children.

But on February 21, Imran returned to Bangladesh with their two girls from Japan. After that a Japanese court passed an order giving the children under their mother's custody.

Eriko too came to Bangladesh and filed a petition with the apex court for the custody of the two children.

The High Court on August 31, 2021, had ordered Imran Sharif and Nakano Eriko to live at a Gulshan flat together for 15 days with their two daughters.

The court had asked Department of Social Services to look over the matter and the Commissioner of Dhaka Metropolitan Police is being asked to ensure the safety of this family.

The Supreme Court however, on February 13,2022, said, until the disposal of the case by Dhaka family court, the two children will remain in the custody of their mother, while their father can meet them in the house.

Later, Eriko Nakano tried to leave Dhaka with her two daughters on December 23, 2022.

She was turned away by the police from the airport after she tried to take the children in defiance of court orders.

On January 29, a family court dismissed a petition filed by Imran Sharif against Nakano over the custody of their two children.

On July 16, 2023, a Dhaka court ruled that the two daughters, who were in Bangladesh, would stay with their Japanese mother.

Later, Imran Sharif filed a revision petition in the High Court against the verdict.

Finally, on February 13, the High Court split up the custody of two daughters between the parents.