Japan is undergoing a legislative transformation regarding parental rights. A new reform of the Civil Code, the first in 77 years, introduces a major change concerning joint custody after divorce. Although this bill has been long awaited, it has sparked strong criticism and deeply divided Japanese society.Is this reform sufficient to address the challenges posed by the current system, or are additional reforms necessary to ensure the protection and well-being of children and parents?
An evolving legal and social context
For many years, international pressure on Japan has been growing to modernize its family law, particularly regarding child custody after divorce. Initially, Japan only authorized sole custody, often granted to the mother, leaving many fathers without contact with their children (McCurry, 2024).
As of May 17, 2024, an amendment to the Japanese Civil Code has established the possibility of joint parental authority in cases of divorce. This reform aims to ensure that both parents remain involved in their children’s education even after separation. It allows divorced parents to choose between sole custody and joint custody. Parents opting for joint parental custody will have the right to see their children and make joint decisions on important matters such as surgical operations, education, passport applications, or relocations.
If the couple cannot agree on the custody arrangement, or if there are suspicions of abuse or violence by one of the parents, the case will be taken to family court to determine the best interests of the child (Courrier International, 2024). The reform reflects a desire to modernize family structures in Japan and align with international standards concerning parental and children’s rights.
Mixed reactions
The reform is far from universally accepted. On one side, some parents who have been deprived of contact with their children view the law as a hopeful change. According to a government study in 2021, one in three children of divorced parents loses all contact with their non-custodial parent. The new law could remedy this situation (Le Figaro, 2024).
On the other hand, an online petition strongly opposing joint custody due to concerns about abuse collected more than 242,000 signatures on May 21, 2024. An online survey conducted in 2022 revealed that 80% of 2,500 separated parents opposed joint parental authority after divorce (Le Monde, 2024).
Feminists and certain women’s rights organizations are concerned about the implications of this reform. A national network supporting female victims of violence has raised alarms about a potential increase in cases where domestic violence persists after divorce, leaving parents and women trapped in abusive situations (TV5 Monde, 2024).
Advocacy groups worry that mothers who have escaped economic or psychological abuse, often exacerbated by financial inequality, might be coerced into returning to abusive relationships with joint custody. They argue that power dynamics are unlikely to change easily, even after divorce (France 24, 2024).
Additionally, those opposing the reform highlight that Japan’s 21% gender wage gap — the highest in the G7 and nearly double that of France — exacerbates less visible forms of marital violence such as economic abuse, which adversely affects women and children (France 24, 2024).
Facilities and services for children
The impact of the reform on children is a crucial aspect to consider. While joint custody aims to maintain ties with both parents, it must be implemented in a way that ensures the safety and well-being of children. In case of domestic violence, joint custody could become a source of stress and danger.
The current reform does not adequately address the needs of children in terms of health and psychological support. Specialized services for families in need, educational resources, and mental health interventions are essential to complement this reform. Japan has been urged by the European Parliament and the United States to strengthen its commitment to applying the Hague Convention, highlighting the need for complementary reforms to protect children (Le Monde, 2024).
The impact on children’s rights
The reform could positively affect children’s rights by preserving relationships with both parents, which can benefit their social and emotional development. Many cases where individuals have been deprived of access to their parents after a divorce highlight the current gaps and the necessity of more determined action. One such case is that of Vincent Fichot. This French individual attracted international attention by going on a hunger strike to protest against the loss of contact with his children following a divorce with his Japanese wife, highlighting the shortcomings of the sole custody system in the country (Baconin, 2024).
Protecting children from maltreatment and exploitation
However, there are concerns about the welfare of children in cases of abuse. While the law excludes sole custody in cases of violence and abuse, there are still situations where a parent could impose a joint custody arrangement by taking advantage of a power imbalance. Similarly, the inability to prove these abuses before a court due to insufficient evidence could lead to the establishment of joint custody, according to critics (The Japan Times, 2024).
In such situations, joint custody could expose children to additional risks of violence, exploitation, and coercion. The stress and fear of living with abusive adults can exacerbate mental health problems, leading to anxiety, depression, and other psychological disorders. It is crucial to implement strict protective measures to ensure their safety (Khalil, 2024).
It should be noted, however, that the bill states that if a child is in danger, the family court could award sole custody to one parent only. Additional provisions have been added to prevent situations where a parent could arrange joint custody by exploiting a power imbalance and to ensure that the arrangement reflects the “true intentions” of both parties (Benoza, 2024).
Towards a complete and balanced approach
For the Civil Code reform to be genuinely effective and beneficial, it must be accompanied by complementary reforms. Measures must be taken to reinforce protections against domestic violence, advocate for gender equality, and take action against parental abduction (TV5Monde, 2024).
Moreover, the legal system must evolve to better address the needs of children by ensuring their well-being and their harmonious development. This includes implementing specialized services for families in need and collaborating more closely with community support organizations.
While the joint custody reform in Japan is a step in the right direction, it is not sufficient on its own. Additional reforms are needed to create a fairer and safer family environment.
The welfare of children, in particular, must remain at the heart of legislative concerns, with specific attention to power dynamics and risks of violence (Le Monde, 2024). For this transformation to be complete, Japan must continue to evolve towards a legal and social framework that ensures fair and safe protection for all family members.
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Written by Jeanne-Marie Quashie
Translated by Kimberly Hoàng
Proofread by Or Salama
Bibliography:
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