Japan's new joint custody law reshapes divorce debate

Japan implemented joint custody for divorced parents in April, becoming the last G7 country to move away from sole custody. The new law has already impacted many families, including public figures. Mariya Yamada, a 46-year-old television personality and actress, was finally able to file for divorce after five years of separation, checking the joint custody box. Her husband had previously refused to lose custody of their 13-year-old son, but the new law allowed a mutually acceptable resolution.

Before the reform, Japan was the only G7 country granting custody to only one parent after divorce. The revised Civil Code requires parents with joint custody to discuss major decisions like the child's residence and school. If parents cannot agree, a family court decides based on the child's best interests. The law also allows converting existing sole custody to joint custody, except in cases of domestic violence or abuse, where sole custody is granted.

With about 90% of divorces settled amicably without court intervention, children's voices have often been overlooked. A 26-year-old woman in Tokyo, whose parents divorced when she was in elementary school, recalled that her father got sole custody due to adult priorities like financial stability, even though the children felt more attached to their mother. She wished joint custody had been possible and believes adults should listen to children's opinions.

Shinji Nozawa, a professor of family sociology at Meiji Gakuin University, noted that children often lose contact with both a parent and that parent's extended family after divorce, including grandparents. He argued that losing half of their support network is a major problem. While single parents, mostly mothers, may find it stressful to stay involved with a former partner, this often conflicts with the child's best interests.

Seiya Sato, a family law attorney in Tokyo, reported a rise in custody consultations since the law change, including international divorces. Many of his clients are fathers from the US or Europe married to Japanese women, shocked that the previous system left them with little contact. The European Parliament warned in 2020 about unresolved parental child abduction cases involving EU and Japanese nationals, urging Japan to introduce joint custody. The UN Committee on the Rights of the Child has also repeatedly urged Japan to improve its implementation of the Convention on the Rights of the Child.

However, not everyone welcomes the change. Tomoko Taguchi, a 47-year-old single mother of three, remains skeptical. She fears joint custody could blur responsibilities, including child support payments, allowing ex-partners to interfere without financial contribution. Taguchi works almost daily juggling part-time jobs to support her family, while her ex-husband pays only about 100,000 yen a month. Nozawa pointed out that a key problem is the lack of a court mechanism to actively ensure arrangements in the child's best interests.