Divorced couples in Japan will now be able to share custody of their children for the first time under a major legal reform.
Divorced parents in Japan can now share custody under new law
The change, which came into effect this week, marks the first update to Japan’s child custody laws in more than a century. Previously, the country’s Civil Code required divorcing parents to choose a single custodial parent, often cutting the other out of major decisions in a child’s life.
Under the new law, parents can choose between joint or sole custody when they divorce. Those who have already finalised custody arrangements can also apply to family courts to revise agreements.
The reform follows years of pressure from campaigners who argued the previous system caused psychological harm to children and unfairly excluded the non-custodial parent.
Supporters say the change will allow both parents to remain involved in key decisions, including education, healthcare, and where a child lives.
The move brings Japan into line with other G7 nations, where shared parenting after divorce is more common. Around 200,000 children in Japan are affected by divorce each year, with studies showing many lose contact with one parent over time.
However, the reform has raised concerns among critics, particularly around domestic abuse. Some fear joint custody could allow abusive former partners greater access to continue controlling or harming their ex-partner or child.
Emi Ishikawa, a domestic abuse survivor, told The Guardian: “To be honest, I am truly scared. For the next 12 years [until her child reaches adulthood], I will have to live in fear of when my ex-husband might file for joint custody.”
Others have warned that the changes place greater responsibility on family courts, which may need to intervene when parents cannot agree.
The government says the new system requires parents to cooperate in the best interests of the child, though debate over its long-term impact is expected to continue.