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Japan Enacts Joint Custody After Divorce, With New Child-Support Rules

The change tests whether courts can reliably screen for domestic violence during custody decisions.

Overview

  • Japan’s revised civil code took effect April 1, allowing divorced parents to choose joint or sole custody and letting previously divorced parents ask family courts to change sole custody to joint custody.
  • Judges must order sole custody when domestic violence or child abuse is a risk, and courts decide custody when parents cannot agree during divorce talks or litigation.
  • The Supreme Court trained family-court judges on assessing abuse risks and is adding 15 family-court investigators across 2025–26, yet a judicial union and bar leaders warn staffing and budgets fall short and cases could drag longer.
  • Schools and hospitals expect confusion over who may consent to things like a child’s high school choice or non-urgent medical care, though one parent may act alone for everyday matters or urgent treatment.
  • A new statutory interim child-support payment lets the caregiving parent claim ¥20,000 per child each month when no agreement exists after a new divorce, and new rules give unpaid support priority in collection.