Japan has introduced a landmark change to its child custody laws, allowing divorced couples to negotiate joint custody for the first time in over a century. The new rules, effective from Wednesday, amend the country's Civil Code, which previously required one parent to have sole custody.
Under the revision, parents can decide between joint or sole custody. Those who divorced before the change can petition a family court to alter existing arrangements. The law urges parents to cooperate in the best interests of the child, bringing Japan in line with other G7 nations.
Supporters argue the old system harmed children by severing ties with the non-custodial parent, who had no say in major decisions like schooling or medical care. However, critics warn that joint custody could enable abusive ex-partners to maintain control. Domestic abuse survivor Emi Ishikawa expressed fear that her former husband might exploit the new provision to file for joint custody, despite a ban on such arrangements in abuse cases.
Previously, mothers were granted custody in 85% of cases, according to 2020 health ministry data. The sole custody system faced criticism from foreign nationals and others who lost contact with their children. About 200,000 children are affected by divorce annually in Japan, with a 2021 survey showing one in three eventually lost contact with the non-custodial parent.
