Why Japan is Changing Its Longstanding Divorce Rules

Beginning on April 1, 2024, Japan will introduce new amendments to its Civil Code that will permit divorced parents to formalize joint custody arrangements for their children. This landmark change is particularly noteworthy as Japan has been the only country among the G7 that did not recognize the legal concept of joint custody. The decision to amend these laws comes after prolonged discussions and criticism of the previous system, which often resulted in a severed connection between parents and children post-divorce.

Under the new regulations, parents will have the autonomy to decide whether to pursue joint or sole custody of their children. In instances where parents are unable to reach an agreement, the court will intervene to make custody determinations. This shift is expected to provide parents with enhanced opportunities for collaboration in raising their children, which experts believe will have a positive impact on children's psychological well-being.

Previously, Japanese law granted custody solely to one parent, typically the mother. This often led to situations where the non-custodial parent was unable to see their child or participate in critical decisions, such as selecting a school or addressing vaccination issues. Such practices drew severe criticism from human rights advocates and psychologists, who highlighted the detrimental effects on children who were deprived of contact with one parent.

The new amendments also introduce a mandatory alimony provision following divorce. Now, the parent with whom the child resides can request approximately 20,000 yen (around $125) monthly from the former partner. This initiative aims to ensure financial support for child-rearing, which is a crucial aspect in the context of divorce.

Critics of the previous system pointed out that it often resulted in many parents losing contact with their children after divorce. This not only harmed the emotional state of the children but also created situations where one parent was unjustly penalized. Furthermore, the prior system did not allow the non-custodial parent to participate in significant decisions concerning the child, leading to additional complications.

The legislative changes are also intended to prevent instances of child abduction by one parent. In recent years, Japan has witnessed several high-profile cases that garnered international attention, where foreigners previously married to Japanese citizens faced challenges in communicating with their children. For instance, in 2023, Japanese table tennis star Ai Fukuhara was accused by her ex-husband from Taiwan of abducting their son, claiming she refused to return the child to Taiwan. Eventually, an agreement was reached between the two parties.

However, not everyone in Japan supports the new regulations. Some women who have experienced domestic violence express concerns that the changes may force them to maintain contact with their former husbands, even in cases of abuse. One woman, who fled from her husband five years ago, stated, "Honestly, I’m really scared. For the next 12 years, I will have to live in fear that my ex-husband will apply for joint custody at any moment." She emphasized that despite the new rules, she still does not feel safe.

According to the new law, courts will assign sole custody if instances of domestic violence or abuse are identified. Nevertheless, many women continue to voice concerns regarding the potential repercussions of the amendments. According to The Guardian, approximately 200,000 children in Japan face parental divorce each year, a figure that is double that of fifty years ago. A 2021 survey indicated that one in three children from divorced families eventually loses contact with the non-custodial parent. Data from Japan's Ministry of Health revealed that in 2020, 85% of custody cases were awarded to mothers, suggesting that the new legislative changes could represent a significant step toward greater fairness in child-rearing matters.