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The Independent UK
The Independent UK
National
Maroosha Muzaffar

Divorced couples in Japan can now have joint custody of children

  • Japan has revised its Civil Code to allow divorced couples to share legal custody of their children, marking a significant departure from the previous sole custody requirement.
  • Effective from Wednesday, the new law permits couples to mutually agree on either joint or sole custody, with family courts determining the arrangement if an agreement cannot be reached.
  • Parents who divorced under the old rules can now apply to a family court to seek a change to their custody arrangements, potentially moving to a joint custody model.
  • The revised legislation prioritises the child's best interests, requiring both parents to agree on major decisions in joint custody cases, while allowing for independent decisions on daily or urgent matters.
  • A new financial provision introduces a monthly payment of 20,000 yen per child for the parent living with the child, applicable to divorces finalised from 1 April, and gives child support claims priority over other debts.

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