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Japan overturns decades-old law: Child custody after divorce will no longer belong to just one parent
2026-05-24 16:05:28 / BOTA
Japan has undertaken one of the most significant family law reforms in decades, allowing for the first time joint custody of children after divorce.
The historic change to the Civil Code entered into force on April 1, 2026 and aims to change the way family relationships are handled after couples separate.
Until now, Japan was the only G7 country to recognize sole custody after divorce, giving only one parent legal rights over children. In practice, this often meant that the other parent lost contact with the children, unless permitted by the custodial parent.
For parents like John Deng, a Hong Kong native who has lived in Japan for more than two decades, the change in the law represents new hope. He says that after the split, his ex-partner took the children without warning and his contact with them has been limited to just a few supervised hours each month.
"I feel empty. I think it's the right of children to talk to both their parents," he said.
According to data from the Japanese Ministry of Health, Labor and Welfare, about 38.5% of marriages in Japan ended in divorce in 2024. In more than 86% of cases, custody was awarded to mothers, while joint custody agreements were very rare.
Family lawyer Seiya Saito called the reform a "big step forward," arguing that the focus should be on the child's best interests and preserving relationships with both parents.
However, the change has also raised serious concerns. Organizations that advocate for victims of domestic violence warn that joint custody could force victims to maintain contact with abusive ex-partners.
Chisato Kitanaka , co-director of a women's shelter network in Japan, said there is a risk that victims of domestic violence will not be able to fully detach from their partners.
Similar concerns are shared by Ryo, a Japanese mother who claims to have endured years of physical abuse by her ex-husband. She fears the new law could force her back into forced contact with him.
However, the law includes protections for cases of violence and abuse. According to legal experts, family courts can impose sole custody when it is proven that there is a risk to the physical or mental safety of the child or parent.
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