Tokyo: Japan has enacted a landmark change to its child custody laws, allowing divorced couples to negotiate joint custody for the first time in over a century.
As of April 1, amendments to the Japan Civil Code allow parents to choose between joint or sole custody of their children after divorce, replacing the long-standing requirement that only one parent be granted custody.
A major shift in family law
The reform follows years of criticism from advocacy groups and affected parents who argued that the previous system often caused emotional strain on children and sidelined the non-custodial parent. The change was approved through a parliamentary vote in 2024, marking the most significant update to Japan’s child-rearing laws since they were formalised in the late 19th century.
Under the revised law, parents are encouraged to cooperate and prioritise the best interests of their child. In cases where custody has already been finalised, parents can apply to family courts to revisit and potentially shift to joint custody arrangements.
Aligning with global practices
With this move, Japan aligns itself with other G7 nations, all of which already recognise joint custody as part of post-divorce parenting frameworks.
Supporters argue that the reform ensures both parents can remain involved in key decisions, such as education, residence, and healthcare, including vaccination decisions.
Concerns over safety and legal power
However, the new law has sparked concern among critics, particularly domestic abuse survivors, who fear it could be misused by abusive former partners to maintain control or contact.
While courts are prohibited from granting joint custody in cases involving abuse, some remain unconvinced about the effectiveness of these safeguards. There are also concerns that the revised system grants significant authority to family courts in resolving disputes when parents cannot agree.
Impact on families
Data from 2020 showed that mothers were awarded custody in around 85 percent of cases under the previous system. Meanwhile, divorce affects approximately 200,000 children in Japan each year, twice the number recorded five decades ago.
A 2021 government survey highlighted the human impact of the old system, revealing that one in three children with divorced parents eventually lost contact with the non-custodial parent.
The reform is expected to reshape family dynamics across the country, offering more balanced parenting roles, but also introducing new legal and social challenges that will unfold in the years ahead.
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