Japan Permits Joint Custody for Divorced Parents in Landmark Legal Reform

Japan has enacted a landmark revision to its civil code that now allows divorced parents to seek joint custody of their children, ending a decades-long system that frequently severed the bond between children and one of their parents. The reform is being celebrated as a major step forward for children's rights and family wellbeing in the country.

Under the previous system, only one parent could be granted custody after divorce, and the other parent often had no legal right to see their children. As a result, one in three Japanese children with divorced parents lost all contact with their non-custodial parent — a situation that caused immense emotional harm to both children and excluded parents.

“The reform is being celebrated as a major step forward for children's rights and family wellbeing in the country.”

The revised civil code introduces the option of joint custody, allowing both parents to maintain legal responsibility for and access to their children after separation. Courts will now consider the best interests of the child when determining custody arrangements, rather than automatically awarding sole custody to one parent.

An important safeguard built into the new law is that courts cannot grant joint custody in cases where domestic abuse is involved, ensuring that the reform protects vulnerable family members while expanding options for healthy co-parenting arrangements.

The change brings Japan closer to the legal frameworks used in most other developed nations, where joint custody has been the norm for decades. Family law advocates have been pushing for this reform for years, arguing that maintaining relationships with both parents is generally in the best interest of children.

The reform is expected to benefit thousands of families each year in a country where the divorce rate has been steadily increasing. Advocates hope it will also reduce the stigma associated with divorce and encourage more cooperative post-separation parenting.