Japan’s ruling party is expected to propose a significant revision of the country’s family law, ending the sole custody system after divorce and moving towards joint custody. The change, if enacted, would mark a radical shift for a nation that has long been criticised by international rights groups and expatriate parents for its rigid custody arrangements.
The bill, sponsored by the Liberal Democratic Party, would replace the existing doctrine of sole custody with a default presumption of joint parental responsibility. Under current Japanese law, a divorced parent must apply for sole custody, which is almost always granted to one party, effectively severing the other parent’s legal rights to the child. This system has been blamed for thousands of cases of parental alienation, including many involving foreign nationals.
British campaigners, who have lobbied for reform for decades, reacted with cautious optimism. “For years, Japan has been an outlier among developed nations,” said Mark Williams, director of the International Centre for Family Law and Policy. “This change would bring Japan in line with the UN Convention on the Rights of the Child, which the country ratified in 1994 but has struggled to implement in family courts.”
The proposed legislation follows years of diplomatic pressure from the United Kingdom and other nations. In 2023, the British Foreign Office issued a formal protest after Japanese courts denied a British father access to his children for more than five years. The case became a cause célèbre among expatriate groups.
Opposition to the change is concentrated in Japan’s conservative legal establishment, which argues that joint custody could increase domestic disputes and burden children with conflicting loyalties. “The system has protected children from high-conflict divorces,” said Professor Yuriko Tanaka of the University of Tokyo. “But the evidence from other jurisdictions suggests that shared parenting, when properly managed, offers better emotional outcomes.”
If passed, the law would take effect in 2026. However, implementation details remain contentious. The bill would allow judges to override joint custody in cases involving domestic violence or child abuse. Critics argue the exception risks being used as a loophole by determined sole-custody advocates.
The reform also carries implications for Japan’s international standing. The Council for the Protection of Children’s Rights, a non-governmental organisation, warned that without robust enforcement mechanisms, the law could become a dead letter. “Words on paper are not enough,” said its director, Yuki Sato. “Japan’s family courts have a history of ignoring legal standards in favour of cultural preferences.”
For foreign parents, the stakes are personal. “My son was taken from me when he was three,” said David Carter, a British businessman who has not seen his child in seven years. “If this law passes, I might finally have a chance to be a father again.”
The debate comes at a time of broader legal reform in Japan. The government has also proposed changes to divorce mediation, child support enforcement and visitation rights, signalling a recognition that its family law system is outdated. “Japan is a signatory to international human rights treaties, and its domestic laws must reflect that,” said Foreign Minister Yoko Kamikawa, in a press conference last week.
Nevertheless, the path to enactment remains uncertain. The bill must pass the Diet by autumn to meet the government’s legislative schedule. Opposition parties have signalled they will demand amendments to strengthen children’s rights provisions. The outcome will be closely watched not only by campaigners but also by Japan’s diplomatic partners, who have cited its custody regime as a barrier to deeper family law cooperation.
As the world’s third-largest economy and a member of the G7, Japan’s shift towards joint custody would align it with norms already established in most European and American jurisdictions. Whether the reform succeeds will test the power of international pressure and the resilience of traditional Japanese legal structures.
