Japan allows joint custody after divorce

Japan on Wednesday implemented a historic reform of its Civil Code, allowing for joint custody after divorce for the first time since 1947, becoming the last G7 power to adopt this measure amid international pressure over so-called parental abductions, reports EFE.

The legislative change, approved in 2024, allows divorced couples to choose between sole or joint custody, compared to the previous system which granted parental authority to only one parent, and it also provides for retroactive application, CE Report quotes AGERPRES.

The change came as a result of criticism over several well-known parental abduction cases, especially those in which one Japanese spouse prevented a foreign parent from maintaining contact with their children.

The revised legislation also includes a mandatory child support system, set at a minimum of 20,000 yen (approximately 110 euros) per month for each child in the absence of an agreement during the divorce process. In addition, family courts can order wage garnishment for parents who are able to pay but fail to meet this obligation.

In principle, parents will determine the type of custody.

If disagreements arise, a family court will intervene to decide the most suitable arrangement for the minor.

In cases of domestic violence, sole custody will be granted to the affected parent.

Under the new system, both parents must reach consensus on important decisions regarding the child’s life, such as education or health, and must respect their responsibilities, including child support and visitation arrangements, although the new provisions do not guarantee equal cohabitation with the child.