Japan’s government is examining a legislative overhaul to abolish the sole custody system for divorced parents, a move that would align the country with international norms and address mounting criticism over child welfare. The proposed reform, reported by Japanese media on Tuesday, would replace the current arrangement where only one parent typically retains full custody with joint custody options, allowing both parents to maintain legal rights and responsibilities after separation. The initiative follows years of pressure from domestic advocacy groups and international bodies, including the United Nations, which have condemned Japan’s sole custody system as a violation of children’s rights.
Under existing law, non-custodial parents — often fathers — face severe restrictions on access to their children, leading to cases of parental alienation and international child abduction disputes. The government has not published a timeline for the legislation, but sources indicate that a draft could be submitted to parliament within the year. Justice Minister Koichi Tani stated that the reform aimed to prioritise the best interests of the child while balancing parental rights.
Critics warn that the transition could be complex, requiring new family court resources and safeguards against domestic violence. The reform would mark a significant shift in Japan’s family law, which has traditionally emphasised maternal custody after divorce. Observers suggest that the change, if enacted, could also improve Japan’s standing in international custody disputes, particularly with signatory countries to the Hague Convention on the Civil Aspects of International Child Abduction.
