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Japan ends sole custody rule in divorce cases
From Wednesday, divorced parents in Japan can share legal custody of their children for the first time, following a historic amendment to the country's Civil Code. The change ends Japan's status as the only G7 nation without joint custody laws.
How the system worked before
Until now, courts awarded custody to a single parent-most often the mother-leaving the other parent with no legal rights to contact or decision-making. Critics argued this system left many parents, particularly fathers, estranged from their children after divorce.
While couples could agree on custody arrangements privately, disputes resolved in court resulted in sole custody by default. The new law allows family courts to decide between sole or joint custody based on the child's best interests.
Key changes under the new law
The reform introduces two major provisions. First, courts can now grant joint custody if both parents agree and no safety concerns exist. Second, it mandates child support payments, requiring the non-custodial parent to contribute at least 20,000 yen (£95; $125) monthly to the parent living with the child.
Parents divorced under the previous system may also request a review of their custody arrangements.
Controversies and concerns
The change follows years of domestic and international criticism, including high-profile cases of alleged parental abduction. In 2023, Japanese table tennis star Ai Fukuhara faced accusations from her Taiwanese ex-husband of taking their son without consent. Similarly, during the 2021 Tokyo Olympics, a French father staged a hunger strike to protest his ex-wife's refusal to allow contact with their children.
However, not all groups support the reform. Some advocates warn that joint custody could force survivors of domestic violence to maintain ties with abusive ex-partners. The law addresses this by allowing courts to award sole custody in cases involving abuse or violence.
What happens next
Family courts will now assess custody disputes on a case-by-case basis, prioritizing the child's welfare. Legal experts expect a surge in review requests from parents previously denied access under the old system.
"This is a long-overdue step toward aligning Japan with global standards," said a family law attorney in Tokyo. "But implementation will be key-courts must balance shared parenting with protections for vulnerable parents and children."
