Japan Makes History: Divorced Parents Can Share Custody
Japan introduces joint custody law, bringing major reforms to divorce rules, child support, and parental rights after years of global criticism.
In Japan, divorced couples are now permitted to share custody of their children. This change follows the implementation on Wednesday of a significant amendment to Japan's Civil Code.
Prior to the amendment's approval by parliament in 2024, Japan was the only G7 nation that did not legally recognize the concept of "joint custody."
Typically, custody was granted to a single parent—in most cases, the mother—who held the authority to prevent the other parent from visiting the children.
Criticism against Japan's "sole custody" system had been mounting, both domestically and internationally. Critics argued that this system often resulted in divorced individuals becoming completely estranged from their children after losing custody.
Previously, divorcing couples in Japan were free to decide on custody and visitation arrangements on their own. However, if they took the matter to court, custody would invariably be awarded to only one parent.
Under the new law, family courts can now determine whether divorcing couples should be granted "sole custody" or "joint custody."
Parents who divorced under the previous system are also now entitled to request a review of their custody arrangements by a family court.
The amendment to the Civil Code also makes the payment of child support mandatory following a divorce. Under this provision, the parent residing with the child may request a monthly payment of 20,000 yen (£95; $125) from their former spouse.
Some observers hope that these changes will help prevent cases of child abduction. In recent years, such cases have garnered significant attention—particularly following allegations made by foreigners whose former spouses were Japanese.
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In 2023, Japanese table tennis star Ai Fukuhara was accused by her Taiwanese ex-husband of abducting their son. He alleged that Ai had completely severed contact with him and refused to return their son to Taiwan. The two subsequently reached a settlement.
During the 2021 Tokyo Olympics, a French father residing in Japan staged a hunger strike. Through this act, he drew public attention to an incident he characterized as the abduction of his children by his ex-wife.
While some view the "joint custody" bill as a means to resolve such disputes, not everyone supports this amendment. Concerns have previously been raised that joint custody could compel women—even in cases involving domestic violence—to maintain ties with their husbands.
Under the new legislation, if a court identifies instances of domestic violence or abuse, it will grant "sole custody" to divorcing couples.
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