FOCUS: Japan to Start Joint Parental Custody after Divorce in April

Tokyo, Dec. 25 (Jiji Press)–The Japanese government has adopted an ordinance to enforce a revised Civil Code that will introduce joint parental custody of children after divorce, starting on April 1, 2026. At the same time, a statutory child support system will be launched, enabling parents to claim a minimum level of child support from their former partners even if no agreement was reached at the time of divorce. The new framework represents a major shift in the post-World War II legislative system governing families. It still faces significant challenges, however, including effectively addressing and preventing domestic violence and overhauling family courts so they are better equipped to handle custodial arrangements. The law currently recognizes only sole custody, granting parental authority to just one parent after a divorce. Under the amendment, however, divorcing parents will be able to decide through mutual consultation whether to choose joint or sole custody. If they are unable to reach an agreement, the decision will rest with a family court. Under joint custody, both parents must consent to “important” decisions affecting the child’s welfare, such as advancing to a higher level of education, relocating, or undergoing medical procedures that require long-term hospitalization. Parents who live with their children will have the autonomy to make independent decisions in “urgent circumstances,” such as meeting imminent application deadlines for entrance examinations or escaping domestic violence. They will also be able to decide on “routine matters,” including meals and extracurricular activities, without needing the other parent’s consent. Even in cases in which a divorce resulted in sole custody before the revised law takes effect, former spouses may switch to joint parental authority if the family court approves a related petition. If such a petition is filed before the law is enforced, the change to joint parental authority can still be made, provided that the family court’s ruling is issued on or after the enforcement date. The new statutory child support framework is designed to address the persistent problem of unpaid financial support. Even when no formal agreement is reached at the time of divorce, the parent with whom the child resides will now have a clear legal basis to claim support from the nonresident parent. Between September and October 2025, the Justice Ministry invited public comments on a draft ministerial ordinance that would set the standard amount at 20,000 yen per month. The proposal drew an unprecedented 363 submissions. Many respondents argued that 20,000 yen was far too low and pointed to rising prices and increasing education costs. Nonetheless, the ministry chose to maintain the proposed amount, saying that the statutory child support system is only a temporary, supplementary measure intended to cover the period until divorced parents reach their own child support agreements. A fixed monthly payment of 20,000 yen per child will be provided. The primary purpose of the system is to secure promptly the minimum necessary living expenses for children. Under the revised law, an appropriate amount must be determined without delay, taking into account the specific circumstances of each household. The statutory child support will cover only divorces finalized after the revised law comes into force and will not be applied retroactively to divorces completed beforehand. Additionally, a statutory lien will be introduced to allow priority seizure of a nonresident parent’s assets when child support is not paid. The upper limit will be set at 80,000 yen per child per month, and collection under this lien will take precedence over claims by other general creditors. One of the most contentious issues in the parliamentary debate over the introduction of joint parental custody was the potential impact on families affected by domestic violence and child abuse. Under the revised law, if there is a risk of domestic violence, the family court is required to award sole custody, without exception. Still, support organizations and others note that psychological control and violence behind closed doors are difficult to prove, and warn that such control may continue under the pretext of joint custody. The introduction of the new system is expected to place heavy burdens on family courts. Meanwhile, the Justice Ministry plans to raise public awareness of the system by releasing a questions-and-answers-style explanatory document with concrete examples. END [Copyright The Jiji Press, Ltd.]