Divorced couples in Japan are now allowed to share custody of their children, after a landmark revision to Japan’s Civil Code took effect on Wednesday.
Before the amendment was approved by parliament in 2024, Japan was the only G7 country that did not recognise the legal concept of joint custody.
Custody was typically granted to one parent – in most cases, the mother – who had the power to cut off the other parent’s access to their children.
Domestic and international criticism has been mounting against the sole custody system in Japan, which critics say led many divorcees to become estranged from their children after losing custody of them.
Previously, divorcing couples in Japan were free to decide custody and visitation arrangements. But if they went to court over it, custody would only be awarded to one parent.
Under the new law, a family court can decide whether to grant sole or joint custody to divorcing couples.
Parents who divorced under the old system are also now eligible to have their custody arrangement reviewed by the family court.
The Civil Code revision also mandates child support payments after divorce, allowing the parent who lives with the child to claim 20,000 yen (£95; $125) from their ex-spouse each month.
Some are hopeful that the changes will help prevent cases of parental abduction, which have come into the spotlight in recent years – especially after allegations made by foreigners with Japanese ex-spouses.
In 2023, Japanese table tennis star Ai Fukuhara was accused by her Taiwanese ex-husband of abducting their son. He said she had cut off contact with him and refused to bring their son back to Taiwan. The pair later came to a settlement.
During the Tokyo Olympics in 2021, a French father who was based in Japan staged a hunger strike, calling attention to what he said was the kidnapping of his children by his ex-wife.
While some see the joint custody bill as a way to solve such controversies, not everyone is supportive of the revision. Some previously told the BBC that they feared joint custody would force women to maintain ties with husbands even in cases of domestic violence.
Under the new law, the court will grant sole custody to divorcing couples if it finds instances of domestic violence or abuse.
Source: BBC
