On Wednesday, a historic shift in family law took hold across Japan, as a revision to the country’s Civil Code legalizing joint child custody for divorced couples went into force. Prior to this change, Japan stood out as the only G7 nation that did not formally recognize joint legal custody, a policy position that drew growing criticism from both domestic and international observers for years.
Under the old framework that dated back decades, Japanese family courts almost exclusively awarded sole custody to one parent when separating couples could not reach a private agreement. In the vast majority of cases, that parent was the mother – and the sole custody ruling granted full power to cut off all contact between the non-custodial parent and their children. While couples were permitted to work out informal visitation or co-parenting arrangements on their own, the court system offered no path to formal joint custody if negotiations broke down, leaving many non-custodial parents permanently estranged from their kids after divorce.
The new regulation fundamentally rewrites this process: family courts now retain the authority to grant either sole or joint custody based on the specific circumstances of each case. Critically, the policy change is also retroactive: couples who divorced under the previous, restrictive system can now petition a family court to revisit and revise their existing custody arrangements. The revised code also adds a new mandate for formal child support payments, enshrining a right for the custodial parent to claim a baseline of 20,000 Japanese yen (equivalent to roughly £95 or $125) per month from their former spouse.
Proponents of the reform have pinned long-held hopes on this policy shift as a solution to the high-profile issue of international parental abduction that has put Japan under global scrutiny in recent years. High-profile cases have drawn widespread attention to the harms of the old sole custody system: in 2023, retired Japanese table tennis legend Ai Fukuhara was accused by her Taiwanese ex-husband of abducting their young son, cutting off all contact and refusing to return the child to his home in Taiwan, a case that was eventually resolved through a private settlement. Two years prior, during the 2021 Tokyo Olympic Games, a French father living in Japan staged a public hunger strike to draw attention to his own case, where he claimed his ex-wife had taken their children and cut off all access under the protection of the old sole custody rules.
Despite the widespread acclaim for the reform as a step toward more equitable family law, the change has not received universal support. Critics, including many domestic gender advocacy groups, raised concerns ahead of the bill’s passage that joint custody mandates could put vulnerable women at risk, forcing them to maintain ongoing contact with abusive former partners in cases involving domestic violence. Lawmakers have addressed these concerns directly in the text of the revised code: the law explicitly requires courts to award sole custody to one parent if evidence of domestic violence or child abuse is confirmed during proceedings.
This revision marks one of the most significant changes to Japanese family law in modern history, closing a policy gap that separated Japan from other major developed economies and responding to years of pressure to reform a system that critics argued harmed children and non-custodial parents alike.