Japan’s parliament has passed a historic revision to the country’s civil code that allows divorced parents the option of joint child custody. This change, set to take effect by 2026, brings Japan in line with many other countries. Under the current law, child custody is granted to only one parent, typically the mother. The revision will now give divorced parents the choice of dual or single custody while emphasizing the importance of cooperation to ensure the well-being of their children. This change comes as divorces are on the rise in Japan, with more fathers seeking to stay involved in their children’s lives after divorce.
One key aspect of the revision is the requirement for the sharing of child rearing costs by the parent who is not the main custodian. Currently, many divorced mothers, often part-time workers with low incomes, do not receive financial support from their former spouses. Additionally, in cases where domestic violence or abuse is suspected, the other parent will have sole custody. While supporters of joint custody believe it allows parents to play a role in child rearing, opponents, including rights groups and some victims of domestic violence, have expressed concerns. They fear the new system could make it harder for parents to sever ties with abusive spouses and may not give them a real say in custody decisions.
During parliamentary debate, concerns raised about the potential drawbacks of the new system led to some modifications to the legislation. Authorities are now required to ensure that custody decisions are not one-sided, addressing some of the fears raised by domestic violence victims and their families. However, some critics, like lawyer Kazuko Ito, who has campaigned against the revision, believe that the improvements do not go far enough. There is still a high risk for vulnerable family members under the new system, despite the efforts to safeguard against abuse and ensure fair custody decisions.
In order to proceed with joint custody under the revision, divorced parents must reach a consensus on key issues such as education and long-term medical treatment for their children. If an agreement cannot be reached, they will need to seek a decision from a family court. Each parent will be allowed to make decisions regarding their children’s daily activities and emergency treatment. The effectiveness of the revision will be reviewed five years after it is implemented, allowing for adjustments based on its impact on divorced families. This change marks a significant step forward in Japan’s family law system and aims to address the evolving needs of divorced parents and their children.
