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Japan Enacts Post-Divorce Joint Custody, Overhauling Parental Authority

The shift increases pressure on family courts to manage more complex custody disputes.

Overview

  • Under the revised Civil Code, divorcing parents can now choose joint or sole custody, with joint custody giving both parents legal authority over the child.
  • If parents do not agree, family judges decide who holds parental authority based on the child's best interests.
  • When a risk of abuse or domestic violence is found, courts assign sole custody to protect the child and the other parent.
  • Experts warn of heavier court workloads and urge wider use of mediation and stronger local support services so parents can get help before filing in court.
  • Joint custody requires agreement on major choices such as a child's surname, school moves, and medical care, which some parents fear could prolong day‑to‑day conflict; the broader reform also begins steps to better secure child support payments.