Overview
In a significant development, Japan’s Parliament has agreed to change a decades-old law that will allow divorced couples to have joint custody of their children starting from 2026. This change marks a shift from the traditional practice where custody was typically granted to a single parent, cutting off access to the other parent.
Background
In Japan, most divorces occur through a process known as “consent divorce,” where both parties mutually agree to end their marriage by signing a paper. However, in cases where couples end up in court, custody is usually awarded to one parent, leading to criticism from divorced parents who feel estranged from their children due to the court’s judgment.
Previous Custody Arrangements
- Historically, custody in Japan was granted to the mother after a divorce, with fathers often lacking access to their children.
- While some viewed this practice as a safeguard against child abuse and domestic violence, concerns were raised about the impact on the relationship between the child and the non-custodial parent.
Changes and Implications
The decision to allow joint custody comes in response to mounting pressure from non-custodial parents, particularly fathers, who have been advocating for greater access to their children. The new law allows for shared custody, with provisions for cases of domestic violence or child abuse where sole custody may be maintained.
Key Provisions
- In joint custody, both parents will have a say in major decisions concerning their children, such as health and schooling, except in emergency circumstances where one parent can make decisions independently.
- Despite campaigns both for and against the changes, there is no official data on the number of minors in Japan who are currently disconnected from one of their parents.
Public Opinion and Concerns
A 2022 survey conducted by a support group for single mothers revealed that 80% of single parents in Japan were not in favor of joint custody. Critics of the move have expressed concerns that even in cases of domestic violence, insufficient evidence in court could lead to the establishment of joint custody, potentially endangering the well-being of the children involved.
