By Blessing Nweke
Divorced couples in Japan can now share custody of their children following a major revision to the nation’s Civil Code that took effect on Wednesday, marking a significant shift in family law.
Under the new legislation, family courts are empowered to determine whether sole or joint custody arrangements are most appropriate for divorcing parents. Previously, custody was almost always granted to one parent, typically limiting the other’s involvement in the child’s upbringing.
The reform also allows parents who divorced under the old system to apply for a review of their custody arrangements. Legal experts say this provision could affect thousands of families seeking more balanced parenting roles.
In addition, the revised law mandates child support payments. The parent living with the child is now entitled to claim a minimum of 20,000 yen (about $125) per month from their former spouse, providing a clearer financial framework for post-divorce responsibilities.
The changes come amid growing scrutiny of parental abduction cases in Japan, including a high-profile dispute involving table tennis star Ai Fukuhara. In 2023, she was accused by her Taiwanese ex-husband of abducting their son, though the case was later resolved through a settlement.
Advocates believe the new law could help reduce such disputes and align Japan with international norms. However, critics warn that joint custody may pose risks in cases involving domestic violence.
Officials say safeguards are in place. Courts will continue to grant sole custody where abuse or violence is identified, aiming to balance parental rights with child safety.
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