Japan's Parliament has approved a revision to a longstanding law, enabling divorced couples to share joint custody of their children starting in 2026.

In Japan, the conventional practice has been to award custody solely to one parent, effectively severing the other parent's access to their children.

Japan stood as the sole G7 nation that had not formally acknowledged the principle of joint custody. In Japan, the majority of separations occur via "consent divorce," wherein both parties sign an agreement to terminate the marriage amicably.

Lawyers in such cases affirm that couples are at liberty to decide on custody and visitation arrangements. However, in instances where the matter goes to court, custody typically gets assigned to one parent.

Divorced parents have criticised the system, alleging that they have been alienated from their children as a result of these rulings.

In Japan, following the dissolution of a marriage, the mother typically receives legal custody of the child. Some viewed this practice as a measure to protect against child abuse and domestic violence.

However, concerns were raised that it could result in the loss of meaningful contact between the child and their other parent.

The amendment comes in response to mounting pressure regarding the grievances of non-custodial parents, particularly fathers, who lack access to their children. In 2019, a UN committee recommended that Japan "permit shared custody of children when it is deemed to be in the child's best interests, including for foreign parents."

According to the new bill, sole custody may be retained if both parents agree it's the best option or in cases involving domestic violence or child abuse. Under joint custody, one parent will have the authority to make decisions without consulting the other on matters such as health or education in "emergency situations."

Official figures detailing the number of minors in Japan who lack contact with one of their parents are not available, despite campaigns both for and against the changes.

A 2022 survey conducted by a single mothers' support group found that 80 percent of single parents in Japan did not support joint custody.

Campaigners against the measure warned in January that even in instances of domestic violence, failure to prove it in court due to insufficient evidence could result in the establishment of joint custody.

Image source: ABC News