Japan’s New Law Allows Joint Custody of Children After Divorce

Japanese legislators on Friday enacted a law that allows the option of joint custody of children after divorce.

Earlier, In Japan, one parent, mostly the mother was granted legal custody of the children at the dissolution of a marriage. But there were concerns that it can cause meaningful contact to be cut off between the other parent and their child.

A UN committee in 2019 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 stipulates that sole custody be maintained if both parents agree it is the best option, or in court-recognised cases of domestic violence or child abuse.

One parent will also be able to make decisions without consulting the other on issues like schooling or health in “emergency circumstances”.