Divorced Couples in Japan Can Now Share Custody of Their Children

Japan has introduced a new legal framework permitting divorced parents to jointly manage child custody. The change, which became effective on Wednesday, follows a major revision to the nation’s Civil Code. Prior to this update, Japan was the sole G7 country without a formal joint custody provision, leaving custody decisions almost exclusively to one parent—typically the mother—who could restrict the other’s access to their children.

Before the amendment, couples who divorced in Japan had limited control over custody and visitation. While they could agree on arrangements, court rulings always sided with a single parent. The new law allows family courts to determine whether to award sole or shared custody, giving divorced parents more flexibility. Additionally, it introduces a requirement for child support payments, enabling the parent with the child to claim 20,000 yen (£95; $125) monthly from the ex-spouse.

Controversies and Real-World Cases

The revision aims to address longstanding issues with Japan’s sole custody system. Critics have highlighted how it often drove divorced individuals, particularly fathers, away from their children. Recent high-profile cases, such as the 2023 dispute involving Japanese table tennis star Ai Fukuhara and her Taiwanese ex-husband, underscored the problem. He claimed she had taken their son without his consent, while she accused him of cutting off contact.

“Calling attention to what he said was the kidnapping of his children by his ex-wife.”

Another notable instance occurred during the 2021 Tokyo Olympics, when a French father stationed in Japan staged a hunger strike to protest his ex-wife’s alleged withholding of his children. While some view the joint custody law as a solution to such conflicts, others remain concerned. Some warned that it might compel women to maintain relationships with abusive partners, even after divorce. The updated code addresses this by allowing courts to grant sole custody if domestic violence or abuse is proven.

Experts suggest the reform could help reduce parental abduction cases, which have gained attention globally. However, the law’s impact remains to be seen as it applies to both current and past divorces, offering a chance to revisit custody decisions under the new system.