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Japan Introduces Joint Custody After Divorce

The overhaul aligns Japan with global norms by opening shared parenting under court oversight.

Overview

  • Japan’s revised Civil Code, which took effect Wednesday, lets divorcing parents choose joint or sole custody and allows already-divorced parents to petition to change past arrangements.
  • Under joint custody, parents make big choices together, such as schooling and where a child lives, while either parent can decide daily matters or act in emergencies.
  • When couples cannot agree, family courts will decide based on the child’s interests and will grant sole custody in cases that meet the court’s domestic-violence standard.
  • A new child support floor also began, letting the parent who lives with the child claim at least ¥20,000 per child each month and collect up to ¥80,000 per child per month ahead of other creditors if payments go unpaid.
  • Backers say the change reduces incentives for parental abduction and keeps both parents engaged, while survivors warned at a Tokyo rally that courts often miss psychological or financial abuse and that joint custody could force contact with abusers.