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regular-article-logo Monday, 01 July 2024

Joint child custody for divorced parents in Japan, revised rule to take effect by 2026

It will allow divorced parents to choose either dual or single custody while requiring them to cooperate in ensuring their children’s rights and wellbeing

AP/PTI Tokyo Published 19.05.24, 07:42 AM
Representational image

Representational image File image

Japan’s parliament on Friday passed a revision to the country’s civil code that will allow divorced parents the option of joint child custody, a change that brings Japan in line with other countries.

The revision, the first to custody rights in nearly 80 years, is to take effect by 2026. It will allow divorced parents to choose either dual or single custody while requiring them to cooperate in ensuring their children’s rights and wellbeing. Under the current law, child custody is granted to only one divorced parent, almost always the mother.

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The change comes as divorces are increasing in Japan and a growing number of divorced fathers hope to stay in touch with their children. A number of high-profile allegations made by divorced foreign fathers who blamed their former partners for abducting their children and returning to Japan also encouraged the change.

The revision requires the sharing of child rearing costs by the parent who is not the main custodian. Currently, most divorced mothers, who often are part-time workers with low incomes, do not receive financial support from their former husbands.

In cases in which domestic violence or abuse by either parent is suspected, the other person will have sole custody.

Supporters of joint custody say it allows both divorced parents to play a role in child rearing. Opponents, including rights groups and some victims of domestic violence, have raised concern that the new system could make it harder for parents to cut ties with abusive spouses and that they may not be allowed a real say in custody decisions.

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