Long-standing frustrations from non-custodial parents—often fathers—over limited access to their children have driven the push for change. On Friday in Tokyo, Japanese lawmakers passed a bill allowing for the option of joint custody after divorce. For decades, Japan has typically granted legal custody to one parent, usually the mother, as a protective measure against domestic violence and child abuse. However, concerns have been raised that this practice can sever meaningful contact between the non-custodial parent and their child.
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 legislation permits sole custody 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 regarding issues like schooling or health without consulting the other.
While no official data exists on the number of minors cut off from a parent in Japan, there have been strong campaigns both for and against the changes. A 2022 survey by a support group for single mothers found that 80 percent of single parents in Japan were against or hesitant about joint custody.
“Even in cases of domestic violence, failure to prove it in court due to insufficient evidence can lead to joint custody being established,” campaigners against the move said in January.
