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Updated 24 May 2026 - Japan's revised Civil Code now permits shared parental custody following divorce, marking a historic shift in family law.
Father's longing for lost moments
On a quiet weekday afternoon in Japan, a man identified only as John Deng stands near a playground, listening to the sounds of children laughing and playing. His own two children-an eight-year-old son and a ten-year-old daughter-are nowhere in sight. Deng, a Hong Kong native who has lived in Japan for 22 years, recalls the simple joys he once shared with them: morning routines, park visits, and everyday parenting. Now, those moments are gone.
Deng's children were taken by his former partner without warning after their marriage dissolved. Under Japan's previous legal framework, only one parent could retain custody after divorce, often leaving the other parent completely cut off from their children's lives unless the custodial parent permitted contact.
Legal shift aligns Japan with global standards
On April 1, 2026, Japan implemented a landmark revision to its Civil Code, introducing joint custody for divorced parents. The amendment, approved by parliament in 2024, makes Japan the last G7 nation to recognize shared parental rights after separation. The change reflects growing recognition that children benefit from maintaining relationships with both parents, while also distributing parental responsibilities more equitably.
Seiya Saito, a family lawyer at Tokyo's Setagaya International Law Office, noted the contrast with other countries. "In the U.S. and U.K., custody decisions focus on the child's best interests, not on 'winning' or 'losing,'" he said. "This reform brings Japan closer to that approach."
Statistics reveal custody disparities
According to Japan's Ministry of Health, Labor and Welfare, 38.5% of marriages ended in divorce in 2024, affecting over 164,000 children under 18. In more than 86% of cases, mothers retained sole custody, while shared arrangements were rare. The new law aims to address this imbalance, offering hope to parents like Deng, who currently sees his children only a few hours each month under supervised conditions.
Deng described the moment he realized he had lost his children: "I felt helpless-sad and angry at a system that allowed this to happen." His former partner has since restricted phone contact, leaving him to miss birthdays, school events, and holidays. "It's the children's right to speak to both parents whenever they need to," he said, his voice breaking. "That's not happening now."
Concerns over safety and domestic violence
While the reform is widely seen as progress, critics warn it could endanger survivors of domestic abuse. Chisato Kitanaka, co-head of the All Japan Women's Shelter Network, cautioned that joint custody might force victims into ongoing contact with abusive partners. "There's a risk those suffering from domestic violence or child abuse may be unable to escape," she said.
Taro Suzuki, now 18, shared his traumatic experience growing up in an abusive household. His mother, Ryo (both names changed for safety), endured years of violence, including choking and hair-dragging incidents. Though she secured sole custody, Ryo fears the new law could allow her ex-husband to reapply for joint custody of their 15-year-old daughter. "I'll live with this anxiety until my daughter becomes an adult," she said.
Saito acknowledged these concerns but noted legal safeguards: "If the court finds evidence of domestic violence, it must award sole custody." However, survivors like Ryo remain skeptical, citing the difficulty of proving abuse when perpetrators avoid leaving physical marks.
Demographic pressures drive reform
The law change also responds to Japan's declining birthrate and aging population. Policymakers hope shared custody will ease financial burdens on single parents and strengthen family support systems. Yet the reform remains contentious, balancing the rights of children to maintain parental bonds against the need to protect vulnerable families.
Hope and uncertainty ahead
For Deng, the new law offers a glimmer of hope. "The fact that they're not here with me is heartbreaking," he said. "No parent should face this." As Japan navigates this transition, the impact on families like his-and those at risk of abuse-will shape the law's legacy.
