Japan Implements Historic Joint Custody Law for Divorced Parents

Tokyo. Divorced couples in Japan can now share joint custody of their children. This became possible after a historic amendment to Japan's Civil Code came into effect on Wednesday.

 Before this amendment, which was passed by parliament in 2024, Japan was the only G7 country that did not legally recognize joint custody. Previously, custody was almost always granted to one parent—usually the mother—which could effectively prevent the other parent from even meeting their children.

This sole custody system had faced criticism both domestically and internationally. Critics argued that it alienated many divorced parents from their own children. Under the new law, Japan's family courts can now decide whether to grant sole or joint custody in cases of divorce. Parents who were divorced prior to this change can also apply to the court to have their custody arrangements reviewed.

The amendment makes child support mandatory following a divorce. Now, the parent living with the child can request up to 20,000 yen per month from their former spouse. This provision was deemed necessary following high-profile cases of parental child 'abduction' in recent years. In 2023, Japanese table tennis player Ai Fukuhara was accused by her Taiwanese ex-husband of keeping their son away, though the two later reached an agreement.

Similarly, during the 2020 Tokyo Olympics, a French father living in Japan went on a hunger strike to draw attention to the 'abduction' of his children. However, there are concerns that joint custody may not be a simple solution for everyone. Some have expressed worry that it could force victims of domestic violence to maintain contact with their former husbands.