Japan Introduces Joint Parental Custody after Divorce

Tokyo, April 1 (Jiji Press)–Japan on Wednesday introduced a revised Civil Code that allows joint parental custody of children after divorce. A statutory child support system also took effect the same day, enabling parents to claim at least 20,000 yen per month from former partners living separately from their children, even in the absence of a prearranged agreement on child-rearing expenses. Both measures apply to divorces finalized after the revision entered into force. This marks the first major reform of Japan’s parental rights system since its creation in 1948. The reforms aim to promote the healthy growth of children by ensuring parental involvement in child-rearing after divorce. Japan had been the only Group of Seven industrialized nation without a joint custody system. Under the new framework, divorcing parents can choose joint or sole custody. If they cannot reach an agreement, a family court will make a decision based on the best interests of the children. A petition can be filed with the family court to switch to joint custody even if the divorce took place before the revised Civil Code came into effect. With joint custody, parents will discuss and decide on significant matters affecting their children, such as education and relocation. One parent may make decisions alone for everyday matters, such as meals or extracurricular activities, and in urgent situations, such as emergency medical care and responses to domestic violence. In cases where there is a risk of domestic violence or abuse, the family court will invariably determine that sole custody is required. However, concerns remain about the court’s ability to accurately assess domestic violence and recognize psychological abuse. Under the statutory child support system, custodial parents may claim 20,000 yen per month per child from parents living apart from their children. This serves as a temporary measure until a formal agreement on child support is established, aimed at ensuring minimum living expenses for children. If child support is not paid, the revised Civil Code allows parents living with their children to recover up to 80,000 yen per child per month from their former partners before other creditors. While paying child support is mandated by the Civil Code, a 2021 survey by the welfare ministry found that only 28.1 pct of single-mother households and 8.7 pct of father-child households actually received it. END [Copyright The Jiji Press, Ltd.]