Divorced couples in Japan can now share custody of their children

Japan's Civil Code was revised on Wednesday to allow divorced couples to share custody of their children, a change making Japan no longer the only G7 nation to not recognize joint custody. Previously, custody was typically granted to one parent, often the mother, potentially leading to estrangement between the child and the other parent. The new law enables family courts to decide between sole or joint custody arrangements, and parents divorced under the old system can request a custody review. The revision also mandates child support payments and aims to address concerns about parental abduction, although some worry joint custody could endanger women in cases of domestic violence, which the court will consider when making custody decisions.

Japan has enacted a major legal change allowing divorced couples to negotiate joint custody of their children, effective Wednesday. This revision to the Civil Code, the first in over a century, addresses criticisms that the previous sole custody system harmed children and unfairly penalized the non-custodial parent. The new law enables parents to choose between joint or sole custody, with the option to petition family courts to modify existing arrangements. Supporters say it aligns Japan with global norms and allows non-custodial parents to participate in important decisions regarding their children. However, critics express concerns that joint custody could be exploited by abusive ex-spouses and that family courts will wield excessive power in custody disputes. Some fear the change could allow abusive ex-spouses greater access to their former partner or child.