Japan Permits Divorced Parents To Share Child Custody

On Friday, Japanese lawmakers passed legislation that provides for shared custody of children following divorce.

For decades in Japan, when a marriage dissolves, one parent, almost always the mother, is granted legal custody, a rule seen by its supporters as a bulwark against domestic violence and child abuse.

However, there have been concerns that it may result in the loss of meaningful contact between the other parent and their child.

Long-simmering grievances among non-custodial parents, often fathers over lack of access to their children have contributed to the demand for change.

In 2019, a UN committee recommended that Japan allow for shared custody of children when it is in the child’s best interests, including for foreign parents.

The new bill requires that sole custody be maintained if both parents agree it is the best option, or in court-recognized cases of domestic violence or child abuse.

In emergency circumstances, one parent will also be able to make decisions about education or health without consulting the other.

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