Divorced couples in Japan can now share custody of their children following a major revision to the country’s Civil Code that took effect on Wednesday.
Japan was previously the only G7 nation that did not legally recognise joint custody. Under the old system, custody was almost always awarded to one parent — usually the mother — who had the sole authority to decide the other parent’s access to the children.
The new law allows family courts to grant either sole custody or joint custody depending on the circumstances of each case. Parents who divorced before the reform can also apply to have their existing custody arrangements reviewed by the court.
Key Provisions
- Child Support: The parent with whom the child lives can claim 20,000 yen (approximately £95 or $125) per month from the ex-spouse.
- Domestic Violence Exception: The court will award sole custody if there is evidence of domestic violence or abuse, addressing concerns raised by critics who feared joint custody could endanger victims.
The reform has been welcomed by many as a step toward reducing parental alienation and preventing cases of alleged child abduction after divorce. High-profile cases, such as that of Japanese table tennis star Ai Fukuhara (accused by her Taiwanese ex-husband of taking their son) and a French father who staged a hunger strike during the 2021 Tokyo Olympics, brought international attention to the issue.
However, not everyone supports the change. Some women’s rights groups and individuals previously expressed fears that joint custody could force victims of domestic violence to maintain contact with abusive ex-partners. The inclusion of the domestic violence exception is intended to mitigate these concerns.
The revision marks a significant shift in Japanese family law and is expected to influence how custody disputes are handled in the future.
Source: Reports on Japan’s Civil Code revision and related statements
