- Japan's parliament approved a revision to the civil code that allows divorced parents the option of joint custody of children.
- This is the first change to custody rights in decades and will take effect in 2026, allowing divorcing parents to choose between dual or single custody.
- Under current Japanese law, custody of children is granted to a single divorced parent, who is usually the mother.
Japan's parliament on Friday approved a revision to the country's civil code that will allow divorced parents the option of joint custody of children, a change that brings the nation in line with many other countries.
The review, the first of custody rights in almost 80 years, will come into effect in 2026. It will allow divorcing parents to choose dual or single custody, while requiring them to cooperate to ensure the rights and well-being of their children. .
Under current law, custody of children is granted only to one of the divorced parents, almost always the mother.
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The change comes as divorces are rising in Japan and a growing number of divorced parents hope to stay in touch with their children. A series of high-profile allegations by divorced foreign parents of child abductions by former partners who returned to Japan also encouraged the change.
Japan's lawmakers approved a revision to the country's civil code that will allow divorced parents the option of joint custody of children in parliament in Tokyo on May 17, 2024. The revision, the first of custody rights in decades, will come into force in 2026. (Kyodo News via AP)
The revision requires that the parent who is not the primary custodian share the costs of raising the children. Currently, most divorced mothers, who are often low-income part-time workers, do not receive financial support from their ex-husbands.
In cases where domestic violence or abuse by either parent is suspected, the other person will have sole custody, according to the review.
Supporters of joint custody say it allows both divorced parents to play a role in raising children. Opponents, including human rights groups and some victims of domestic violence, have expressed concern that the new system could make it harder for parents to cut ties with abusive spouses and that they may not be allowed to have a real say in decisions. custody.
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The concerns prompted some amendments to the legislation during parliamentary debate to require authorities to ensure the custody decision was not unilateral.
According to the review, divorced parents who opt for joint custody must reach a consensus on their children's education, long-term medical treatment and other key issues, and will need to seek a family court decision if that cannot be reached. an agreement.
Either parent can make decisions about their child's daily activities, such as private lessons and meals or emergency treatment.
The revision must be reviewed five years after it comes into force.
