Japan changes decades-old law to allow joint custody to divorced couples

Japan's Parliament agreed to change a decades-old law after which divorced couples will be allowed to have joint custody of their children from 2026.

In Japan,custody was traditionally grantedto a single parent who thencompletelycut off access of the other parent to their children.

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Till Friday (May 17), Japan was the only G7 country which had not legally recognised the concept of joint custody.

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In Japan, most separations happen through "consent divorce"in which both parties sign a paper and decide to end a marriage mutually.

The lawyers in such scenarios say that the couple is free to make decisions over custody and visitation arrangements. However, if the two parties go to court, the custody is awarded to one parent.

The divorced parents have criticised the system and claimed that they havebeen estrangedfrom their children due to the judgement.

Japan's mothersgrantedchild'scustody, fathers lacked access to children

The one parent who was generally given the legal custody of a child in Japan was the mother, once the marriage ended.

Some people saw this rule as a safeguard against child abuse and domestic violence.

However, many have raised concerns that it can lead to the breaking of meaningful contact between the child and their other parent.

The change has been brought amid increasing pressure over the frustrations of non-custodial parents, like fathers, who do not have access to children.

In 2019, a UN committee recommended that Japan "allow for shared custody of children when it is in the child's best interests, including for foreign parents".

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As per the new bill, sole custody can be maintained if both parents decide that it is the best option or when it is a case of domestic violence or child abuse.

In joint custody, one parent will be able to make decisions withoutholding consultationwith others on issues like healthor schooling in "emergency circumstances".

There are no official tallies which reflect the number of minors who are not connected to one of their parent in Japan, even though campaigns have been held both for and against the changes.

As per a 2022 survey which was done by a support group for single mothers, it was discovered that 80 per cent of single parents in Japan were not in support of joint custody.

"Even in cases of domestic violence, failure to prove it in court due to insufficient evidence can lead to joint custody being established," said campaigners against the move, in January.

(With inputs from agencies)