Joint Custody: National Diet of Japan introduces new law for Divorcee parents, implementation by 2026

Japan's parliament recently approved a bill introducing joint custody for divorced couples with children, marking a significant departure from the previous sole custody system that predominately favored the mother. This change reflects shifting family dynamics in Japan, where an increasing number of couples are divorcing, and both parents aspire to be actively involved in raising their children.

The amendment, the first in 77 years regarding parental authority, allows parents to opt for either sole or joint custody.

However, in cases of suspected domestic violence or abuse, sole custody will be granted to the non-abusive parent. While proponents view joint custody as an opportunity for both parents to participate in child-rearing,

concerns have been raised about its potential implications for victims of domestic violence. Critics argue that the government's measures to protect such victims lack clarity.

The new law will be reviewed five years after implementation. Additionally, the revision includes provisions addressing unpaid child support and clarifying decision-making processes in joint custody arrangements.

However, there are concerns about the potential strain on family courts, already inundated with cases, and their ability to handle the increased workload effectively.

Japan's adoption of joint custody aligns it with other industrialized nations and follows international pressure to reform its child custody laws in response to cases of parental abduction.

Key points from the recent approval of the bill introducing joint custody for divorced couples in Japan include:

1. Significant Change: This marks the first amendment regarding parental authority in 77 years, shifting from the previous sole custody system to allow joint custody.

2. Options for Custody: Parents can now choose between sole or joint custody.

3. Domestic Violence Cases: Sole custody will be granted to the non-abusive parent in cases of suspected domestic violence or abuse.

4. Proponents' Views: Advocates believe joint custody enables both parents to be actively involved in child-rearing.

5. Critics' Concerns: There are worries about the law’s implications for domestic violence victims and the lack of clarity in protection measures.

6. Law Review: The law will be reviewed five years after implementation.

7. Additional Provisions: The revision also addresses unpaid child support and clarifies decision-making processes in joint custody.

8. Family Courts' Workload: Concerns exist about the ability of family courts to manage the increased workload effectively.

9. International Alignment: Japan's move to joint custody aligns it with other industrialized nations and follows international pressure to reform child custody laws, especially concerning parental abduction cases.

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Basics:

There are four types of divorce in Japan:

1.Divorce by agreement (kyogi rikon), based on mutual agreement.

2.Divorce by mediation in a family court (chotei rikon), completed by applying for mediation by the family court (for cases in which divorce by mutual agreement cannot be reached).

Divorce by decision of the family court (shimpan rikon), which is divorce completed by family court decision when divorce cannot be established by mediation.

3.Divorce by judgment of a district court (saiban rikon). If divorce cannot be established by the family court, then application is made to the district court for a decision (application for arbitration is a prerequisite). Once the case is decided, the court will issue a certified copy and certificate of settlement, to be attached to the Divorce Registration

How is the Custody of Children Determined?

The general practice is to award custody to the mother unless there is an overriding reason to award custody to the father. Nationality of the child is not considered crucial in the determination of which parent will assume

custody.

A foreign child custody agreement cannot be automatically enforced in Japan, although the court can order enforcement. In the case of parental kidnapping from the U.S. to Japan, the custodial parent can apply through the court in Japan to require the return of the child to the United States.

Alimony is not usually awarded in Japan, but a lump sum payment in settlement of marital obligations is common

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