how differently do custody and visitation laws work in japan? i’m a child of divorce, and from my experience, it took a massive legal battle for my mom to gain full custody, and even then the court still pushed hard for continued visitation despite my dad’s repeated legal issues. seeing her be cut off that completely is pretty jarring, and the impression i get is that her custody was formally stripped rather than her just being socially estranged.
I wouldn't know, but Malu answered very well above.
Your personal situation is important, and I appreciate the example. The cultural expectations and our intuition about how to interpret a situation are very different between cases where the balance of individual rights take precedence (liberty) and where group comfort takes precedence (harmony). To inconvenience or violate the harmony of an arrangement, or to leave an arrangement, is to become the outgroup who is expected to not interfere with the ingroup. Collectivist responsibility to the comfort of the group is often emphasized over individual rights, with upsides, downsides, and excess externalities.
Think of that logic being not just some groups, towns, subcultures, politics, and elites but
a more constant norm than most non-Asian 21st century society.
Applied to the situation in question: The intuitions don't go "I have a
right to see my child", they instead go "I don't
fit in with the family of my child because of
stigma, so I
should not see my child". Since social expectations often take precedence over individual rights, a
situation where you're expected to not see your children is almost as restricting as a retraining order. No one is predisposed to cooperate. The person separated by divorce or crime is not owed sufficient social or legal support to see their kids if the current guardian family is hostile to them. Being outside family group let alone the criminal stigma makes our co-protagonist "unclean" in a sense.
Also western society has more focus on a "nuclear family" and property rights in the laws and social expectations, because they want to pressure parents to stay in their child's life, and because kids are intuitively wards or outright possessions. The impact of that is partly subconscious bias - even a divorced parent has some ownership of kids like property. Or a parent is permanently responsible for keeping up a pretense of nuclear family parenting. And kids are
owed the social order of heteronormative patterns because more co-parenting is seen as default good for child development. The
liberty focus there has its own positives and negatives.
High focus on harmony is some support for those attuned to a group, not so great for interface with outliers and fuckups.