Divorced couples in Japan are now allowed to share custody of their children, following a landmark revision to Japan's Civil Code that took effect recently. Previously, Japan was the only G7 country that did not recognize the legal concept of joint custody.
The amendment, approved by parliament in 2024, shifts away from a system that typically granted custody to one parent—often the mother—allowing them unilateral power over visitations and interactions with the other parent.
International and domestic criticism has mounted against the previous sole custody model, which has resulted in many divorcees losing contact with their children post-divorce. Under the new law, family courts will now have the authority to decide on granting either sole or joint custody based on the situation of the parents.
Furthermore, parents who divorced under the old system may also request a review of their custody arrangements in court. The revised law includes mandatory child support payments of 20,000 yen (around $125) monthly to be paid from one ex-spouse to the custodial parent, reflecting a commitment to the welfare of the child.
Supporters of the new legislation hope it will help reduce cases of parental abduction, which have gained considerable attention in recent years. High-profile incidents have highlighted the intricacies of child custody disputes, such as the case of the Japanese table tennis star Ai Fukuhara being accused of abducting her son amidst contentious divorce proceedings.
While many view the joint custody provision as a solution to ongoing custody disputes, concerns remain. Critics voice apprehension that joint custody may compel some women to maintain relationships with their ex-spouses even in dangerous situations, although the law stipulates that courts can grant sole custody in cases of domestic violence or abuse.
