Bill for 'joint custody' after divorce becomes law in Japan
A "joint custody" bill has become law in Japan. In line with the law, which will enter into force by 2026, divorced couples will be allowed to choose between "sole custody" and "joint custody."
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Japan's parliament has approved a bill allowing divorced couples to share custody of their children.
The bill, which was enacted by the House of Councillors of Japan, was supported by both the ruling Liberal Democratic Party (LDP) and opposition parties, including the Constitutional Democratic Party (CDP).
In line with the new law, divorced couples will be allowed to choose between "sole custody" and "joint custody."
If "joint custody" is chosen, parental agreement will be required for long-term decisions regarding the child's future, including education and healthcare.
If parents fail to reach an agreement, local family courts will intervene to finalize the custody decision.
STEP TAKEN TOWARD "JOINT CUSTODY" AFTER 80 YEARS
The new legal amendment will enter into force by 2026 and can be applied retroactively for couples who are already divorced.
The current civil code only allowed custody to be granted to one parent, usually the mother.
Thus, Japan, which was the only G7 country that did not legally recognize "joint custody," has changed a policy it had followed for nearly 80 years.
COMPLAINTS THAT DIVORCED PARENTS ARE "ALIENATED FROM THEIR CHILDREN"
"Divorce by mutual consent," where both parties sign a document to end the marriage, is quite common in Japan.
In the country, custody is generally given to mothers. The person granted custody can prevent the other from accessing the children.
While divorced couples are free to make visitation arrangements, if the matter is brought to the judiciary, the court grants custody to one of the parents.
In Japan, this system is criticized by many divorced parents who complain that they are "alienated from their children."