Japan rolls out new joint custody system
By
Jessica Speed
STAFF WRITER
Mar 31, 2026
Japan will introduce its
joint custody system on Wednesday, marking a sweeping overhaul of the country's family law under a revised Civil Code, the first of its kind in over a century.
The change ends Japan's long-standing sole custody framework, under which only one parent could retain parental rights following a divorce. Under the new system, divorcing couples can choose between joint and sole custody through mutual agreement. Couples who have already divorced may petition family courts to switch from their existing arrangements.
Under joint custody, parents are expected to make major decisions together, including those related to a child's education or place of residence. Either parent, however, can act independently on routine matters such as meals and clothing, as well as in urgent situations such as medical emergencies.
If parents cannot agree at the time of divorce, family courts will decide whether joint or sole custody is appropriate, based on the child's best interests. Courts are required to grant sole custody in cases involving a risk of child abuse, or those in which domestic violence would make joint decision-making difficult for parents.
The rollout has drawn
mixed reactions from the public. Critics question whether courts are equipped to properly assess risks such as domestic violence, particularly in cases where evidence is limited. Some abuse survivors have voiced concerns that the system could expose them to continued contact with or interference from former partners.
However, proponents say that the new system will put Japan more in line with international standards when it comes to child custody laws.
Applications to change existing sole custody arrangements will not be automatically approved. Courts may reject such requests in cases involving abuse or those in which a parent has failed to pay child support for an extended period without valid justification.
Alongside the custody overhaul, Japan also will introduce
a statutory child support system Wednesday aimed at strengthening financial protections for children. Custodial parents will be able to claim a baseline payment of ¥20,000 ($125) per month per child from the nonresident parent, even in the absence of a prior agreement.
The provision is intended as a temporary measure until formal support arrangements are established and will apply to divorces finalized from April.
The revised law also strengthens the enforcement of child support claims when a nonresident parent does not make payment.
Previously, child support claims generally required either an agreement between parents or formal family court procedures. Now, child support claims will be granted priority over other debts through a lien, and enforcement will be possible based on private written agreements between parents, removing the need for notarized documents in some cases.
Payments under the new system will be capped at ¥80,000 per child per month.
japantoday.com
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