Overview
- Japan’s cabinet approved an enforcement date of April 1, 2026 for the Civil Code revision enabling joint custody after divorce.
- At divorce, parents may choose joint or sole custody by agreement, and if they cannot agree the family court will decide based on the child’s best interests, including ordering joint custody without parental consensus when appropriate.
- When there is a risk of child abuse or domestic violence, the law requires the court to assign sole custody.
- Under joint custody, one parent may act alone for daily matters or urgent situations, with ministry guidance citing school meetings as routine decisions and emergency medical treatment as urgent.
- Parents divorced before enforcement can petition for changes that take effect after the start date, and a statutory provisional child-support scheme is slated to begin then with a Ministry of Justice proposal of ¥20,000 per child per month.