Until recently, children of divorced parents in Japan were only allowed to live with one parent after the separation. Under the sole custody system, only one parent held legal rights over the children after separation — and it was usually the primary carer, the mother.
Last month however, a landmark revision to the country’s Civil Code changed this exisiting rule – two years after parliament approved the amendment.
In one of the most significant changes to Japan’s family law in decades, the new law allows divorced couples to share custody of their children. Family courts can now determine whether divorcing parents are granted sole or joint custody.
The changes to the Civil Code revision also include a mandate which requires ex-spouses to contribute monthly child support payments to the parent living with the child — up to $178 per month.
A Tokyo-based family lawyer said the recent legal changes place the “best interests of the child” at the centre of decision-making.
“It always shocked me that every time I speak to lawyers in the US and the UK, they say that it’s not about win or lose,” Seiya Sato told BBC.
“I’m 100% sure it’s a good change to our society, especially for the children. For those who are already amicable, and can make decisions together, it’s very good for them to have an option to choose joint custody. I think it’s a great step forward.”
Latest statistics from Japan’s Ministry of Health, Labor and Welfare reveal that roughly one in three marriages in the country ended in divorce in 2024. In over 86 per cent of cases, women kept custody over their children.
Other countries continue to have sole-custody dominant systems, with courts often favouring the primary care-giver (ie. mothers) including in China and South Korea.