Japan is moving towards abolishing its sole custody system for divorced parents, a change that British family rights campaigners have described as a watershed moment for children's welfare. The potential reform, under active consideration by the Japanese government, would introduce joint custody as the default arrangement, aligning the country with most developed nations.
Currently, Japan is one of the few advanced economies that awards sole custody to one parent, typically the mother, after divorce. This has created a system where the non-custodial parent often has little to no contact with their children. Reports of parental child abduction and international custody disputes have long drawn criticism from human rights groups and foreign governments.
According to Japanese media reports, a justice ministry panel will release draft legislation as early as this month. The proposed law would allow both parents to retain legal rights and responsibilities, with courts able to intervene only in cases of domestic abuse or child neglect. The change is seen as a response to a declining birth rate and an increase in single-parent families.
British campaigners, who have lobbied for similar reforms in the UK, have welcomed the development. “This is a landmark shift for a society long resistant to change,” said a spokesperson for the children's charity Families Need Fathers. “It recognises that children benefit from meaningful relationships with both parents, absent evidence of harm.”
The move comes amid growing international pressure. The Hague Convention on the Civil Aspects of International Child Abduction has been a particular point of contention. Japan signed the treaty in 2014 but has been criticised for failing to enforce return orders. Joint custody would reduce the incentive for one parent to take a child abroad without the other's consent.
Opponents of the reform, however, argue that it could expose victims of domestic violence to continued abuse. Women's groups in Japan have expressed concern that joint custody may force contact with abusive ex-partners. The government has pledged to include safeguards, such as mandatory mediation and risk assessments, to address these fears.
The proposed legislation is expected to face debate in the Diet later this year. If passed, it would mark the most significant family law reform in Japan since the post-war era. For British campaigners watching from afar, it offers a template for change that they hope will influence policy at home.
