Japan Ends Sole Custody After Divorce, Allowing Joint Custody From April 1
Updated
Updated · BBC.com · May 23
Japan Ends Sole Custody After Divorce, Allowing Joint Custody From April 1
3 articles · Updated · BBC.com · May 23
April 1 brought a landmark Civil Code revision that lets divorced parents in Japan share legal custody, replacing a system under which one parent often lost legal ties to a child entirely.
Japan had been the only G7 country without joint custody, and the change is meant to preserve children's relationships with both parents while spreading parental responsibility after separation.
2024 data show why the issue is significant: 38.5% of marriages ended in divorce, women received custody in more than 86% of cases, and over 164,000 children under 18 were affected.
Parents cut off under the old system, including one father who now gets only a few supervised hours a month, say the law offers hope of renewed contact with their children.
Domestic-violence advocates warn joint custody could trap abuse survivors in continued contact, though courts are required to choose sole custody when convinced abuse or harm risks are present.
Can Japan's new joint custody law protect abuse victims without trapping them with their former partners?
With its child population at a record low, can Japan's new custody law help solve its demographic crisis?
Japan’s 2026 Joint Custody Law: Historic Family Reform, Key Changes, and Ongoing Challenges
Overview
On April 1, 2026, Japan ended over a century of mandatory sole custody after divorce and introduced the option for joint custody. This historic reform allows both parents to stay involved in their children's lives after separation. Divorcing parents can now choose between joint or sole custody, but if they disagree, courts will decide based on the best interests of the child. In cases of domestic violence, sole custody goes to the non-abusive parent. The new law also sets a minimum child support payment and lets families who divorced earlier apply for joint custody, aiming to support children’s well-being and family stability.