Japan allows divorced couples to share custody of children for the first time

Now parents will be able to choose the format of custody themselves – joint or sole. In cases where a divorce has already taken place and custody has previously been transferred to one of the parents, it is permissible to apply to the family court with a request to reconsider the agreement. The law also emphasizes the need for cooperation between parents and consideration of the interests of the child. These changes bring Japan closer to international practice: previously it was the only G7 country where joint custody was not recognized. Supporters of the reform believe that the previous system limited the other parent’s participation in the child’s life and did not allow him to make important decisions – for example, in matters of education, place of residence or medical procedures.

At the same time, the innovations raised concerns among critics. They warn that joint custody could provide more opportunities for pressure from an abusive ex-partner, as well as an increased role for the courts to decide in disputed situations. Some victims of domestic violence express anxiety about the possible consequences.

According to 2020 data from the Ministry of Health, under the previous system, custody was given to mothers in 85% of cases. This model has been criticized repeatedly, including by foreign parents who find it difficult to maintain contact with their children if they remain in Japan with the other parent. Every year, about 200 thousand children in the country experience parental divorce – this is twice as many as half a century ago. A 2021 study found that one in three children in such families eventually lose contact with the non-custodial parent.