For the first time, Japan permits shared custody arrangements.
For the first time in decades, Japan is set to allow divorced parents to have joint custody of their children. The Japanese government recently introduced an amendment to the legal code, which will be implemented in 2026. This change is marking the first update to the country's custody laws in nearly 80 years.
In the future, divorced parents will have the option of choosing either joint or sole custody. Additionally, they will be required to collaborate to ensure the well-being of their offspring. At present, when couples get divorced, custody is assigned to one parent, usually the mother.
The amendment also mandates that the parent who is not the primary caregiver contribute towards the expenses of raising the children. At present, the majority of divorced mothers, who are typically part-time workers with low incomes, receive no financial assistance from their ex-husbands.
Supporters of joint custody argue that it enables both divorced parents to participate in their children's upbringing. On the other hand, critics, including human rights groups, have expressed concerns that this new system could hinder victims of domestic violence from seeking separation from their partners. They also noted that non-primary caregivers may not have a significant role in custody decisions.
These criticisms resulted in the draft being revised during its legislative debate. Now, the government must guarantee that custody decisions are made through mutual agreement.
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With the new custody laws in place, divorced parents in Japan will have the opportunity to share custody. Regardless of where they reside, parents in Japan can now apply for joint custody.
Source: www.ntv.de
