Legal Japan to implement joint child custody system from April 2026

The Japanese government announced that it had approved an ordinance to implement revisions to the Civil Code, introducing a new system of joint child custody for divorced parents starting 1 April next year. The exact date will also mark the launch of a statutory child support framework that requires fixed payments when no agreement on financial support is reached at the time of divorce.

The reform aims to bring greater stability to children's lives after their parents separate. Under the new arrangement, parents will be able to decide whether to share custody or for one parent to retain it alone. If they cannot agree, the decision will rest with a family court, which will grant sole custody in cases involving domestic violence or abuse.

The joint custody system will require the consent of both parents on important decisions concerning their children, such as school enrollment or relocation. Even if a person is granted sole custody in a divorce before the revised code takes effect, it will be possible to petition for joint custody. Statutory child support will be defined as standard expenses required to maintain the minimum level of living for a child and can be claimed provisionally even if there is no agreement between divorced parents. A proposed ministerial ordinance calls for a statutory child support payment of ¥20,000 ($129) per month per child, but the amount is still under review. The payment obligation will not apply to couples who were divorced before the revised code's enforcement.

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Also on 1 April 2026, the government will introduce a plan under which divorced individuals living with their children will be given the right to seize, on a priority basis, assets of their ex-spouses who fail to pay child-rearing expenses, with a limit of ¥80,000 per child per month.

Japan's divorce system is changing from 1 April, with the introduction of optional joint custody and a new legal framework for child support. The changes mean support can be claimed without a prior agreement between parents.

The reforms mark a significant shift in how custody and post-divorce arrangements are handled. They have drawn both support and concern from divorcees and legal professionals, as the country moves into what many see as a new phase in family law.

Under the revised system, parents will be able to choose joint custody after divorce, a significant shift from the previous rule in which only one parent held sole custody. In addition, a new "statutory child support" system allows one parent to claim monthly payments—set at 20,000 yen per child—even if no prior agreement was made at the time of divorce. Opinions among those who have experienced divorce are sharply divided. While some welcome the expanded role for both parents in child-rearing, others express hesitation or outright opposition. One individual said they would have considered joint custody as an option, while another stated they would have refused it even if proposed, citing concerns that it could lead to further conflict.

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The BBC on Japan's new joint-custody law, which took effect on 1 April 2026. The new law gives hope to parents who have had little to no contact with their children, as in the case of John Deng (in the article).

For decades, divorce in Japan often meant a child would lose the presence of one parent entirely. Often in cases like this, custody went to the parent who left with their children first. Under the old sole custody system, only one parent held legal rights after separation. That meant - regardless of their relationship with the child - the other parent could be forced to disappear from their life, unless the parent with custody grants them access.

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About 38.5% of marriages in Japan ended in divorce in 2024, the latest year for which data is available. That was roughly one in every three couples. Women kept custody in more than 86% of divorce cases that year, while shared custody was still only used in a small number of cases.

More than 164,000 children under the age of 18 across Japan were affected by custody arrangements linked to divorce in 2024. The new law recognises that children can benefit from staying connected to both parents after a divorce, while also sharing parental responsibility more evenly between mothers and fathers.

The BBC also looked at cases where single custody clearly makes sense, particularly in situations involving past abuse and domestic violence. Some custodial parents now fear that abusive former partners may reapply for joint custody, dragging them back to court again.