Japan from Wednesday will allow divorced couples to share custody of their children after introducing changes to a law governing its civil matters.
Under the revised Civil Code rules, couples who have separated can either choose to share custody of children or have one parent take sole custody by mutual agreement.
The reform also opens the door for parents who divorced under the old rules to revisit earlier custody decisions. In such cases, they can apply to a family court to seek a change in the arrangement.
Previously, Japanese law required that only one parent retain legal custody after divorce, often resulting in one parent losing meaningful involvement in their child’s life.
The latest revision represents the most substantial update to custody rules since family structures were first codified in the late 19th century.
The amended law places emphasis on cooperation, stating that parents – whether together or separated – should respect each other’s individuality and work jointly in the “best interests of their child”.
In practical terms, this means that major decisions affecting a child’s future – such as relocation or education – must be agreed upon by both parents in joint custody cases.
At the same time, day-to-day matters, like part-time work permissions, can be handled by one parent alone. Urgent situations, including medical emergencies, also allow for independent decision-making.
If parents cannot reach an agreement at the time of divorce, the matter will be settled by a family court. Judges will determine whether joint or sole custody is more appropriate, with the child’s welfare as the guiding principle.
However, the law draws a firm line in cases involving harm. If there is evidence of abuse or risks to a child’s physical or mental safety, or if domestic violence between parents makes cooperation unrealistic, courts are required to grant sole custody.
Even so, some observers remain uneasy about whether courts are adequately prepared to identify such risks, particularly in complex or subtle cases of domestic abuse.
The option to switch to joint custody is not guaranteed for those already divorced. Courts may reject applications if there are concerns, such as a history of abuse or prolonged failure to provide child support without valid reasons.
On the financial side, the revision introduces a new provision aimed at supporting children after divorce. A parent living with the child can claim a monthly payment of 20,000 yen per child from the other parent, even if no prior agreement exists.
This measure is designed as temporary support until formal arrangements are put in place and applies to divorces finalised on or after 1 April.
Previously, child support could only be enforced if both parents agreed or if the matter was taken through legal procedures.
The updated law also introduces a system that gives child support claims priority over other debts. This allows payments to be collected more effectively if they go unpaid. Notably, parents will no longer need official notarised documents to secure such claims; a written private agreement will now suffice, according to local media.
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