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Hi Blog.  Debito.org has been quiet on these developments until they actually came to fruition, and now that they have, it’s time to cheer.  Japan has finally gotten around to fixing one of its worst-kept secrets:  Child Abductions after divorces.  After years of international pressure (and all manner of racist justifications of the status quo, including even the Foreign Ministry accusing foreigners of being naturally violent, and Japan offering safe haven for international child abductions despite signing an international treaty against it), the Diet has just passed legislation allowing for joint custody after divorce.  Meaning both parents now have the ability to have a say in raising a child even if the relationship falls apart.  It comes into effect in 2026 and will be reassessed five years later.

Debito.org has talked about this issue for decades (since I too lost all contact with my children after my divorce, which is in fact the norm in Japan, thanks to the Koseki Family Registry system forcing split couples to sever all legal family ties and thus all rights to any contact).  Not only because NJ are particularly vulnerable to becoming “Left Behind Parents” in intercontinental relationships (since the J spouse can either make off with the child back to Japan or deprive you of a Spouse Visa), but also because this situation affected ALL divorces in Japan, regardless of nationality. It left all children in Japan vulnerable to being used a pawn used to punish one parent out of spite. And that would often carry on into adulthood, with the adult offspring hating the LBP parent without ever hearing both sides of the story or knowing the LBP cares about them.  This is not normal even in peer countries.  As the Mainichi notes below, “Japan had been the only country among the Group of Seven industrialized nation with no joint custody system, according to a Justice Ministry survey of other countries released in 2020.”

Anyway, this is an extremely positive and long overdue development, and it’s another example of Japanese domestic law not changing without international shame and pressure.  It’s just a shame it couldn’t have happened decades ago when it would have made a difference to me and my divorced friends. Let’s hope this brings more reality to future relationships.  Divorces are complicated.  Adding more child abuse into the mix (and by this I mean the child abuse that is inherent in an automatic severance of custodial ties) just made it worse.  Debito Arudou, Ph.D.

(PS:  I even wrote a novel on this subject, if you’re interested.  Details here.)

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JAPAN / Crime & Legal
Japan changes law to allow joint custody after divorce
Legislation that allows the option of joint custody of children after divorce is passed at the Upper House plenary session on Friday.
AFP-Jiji/Japan Times, May 17, 2024
https://www.japantimes.co.jp/news/2024/05/17/japan/crime-legal/japan-revises-law-to-allow-joint-custody/

Japanese lawmakers enacted legislation Friday that allows the option of joint custody of children after divorce.

For decades in Japan, one parent — almost always the mother — has been granted legal custody when a marriage ends, a rule seen by its supporters as a safeguard against domestic violence and child abuse.

But concerns have been raised that it can cause meaningful contact to be cut off between the other parent and their child.

Long-simmering frustrations of noncustodial parents — often fathers — over lack of access to children have helped build pressure for change.

A U.N. committee in 2019 recommended that Japan “allow for shared custody of children when it is in the child’s best interests, including for foreign parents.”

The new bill stipulates that sole custody be maintained if both parents agree it is the best option, or in court-recognized cases of domestic violence or child abuse.

One parent will also be able to make decisions without consulting the other on issues like schooling or health in “emergency circumstances.”

No official tallies exist for the number of minors cut off from a parent in Japan, but even so, campaigns both for and against the changes have been loud.

A 2022 survey carried out by a support group for single mothers found that 80% of single parents in Japan were against or disinclined toward joint custody.

“Even in cases of domestic violence, failure to prove it in court due to insufficient evidence can lead to joint custody being established,” campaigners against the move said in January. ENDS

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Japan passes a revised law allowing joint child custody for divorced parents for the first time
Japan’s parliament has passed a revision to the country’s civil code that will allow divorced parents the option of joint child custody, a change that brings the nation in line with many other countries
By MARI YAMAGUCHI Associated Press, May 17, 2024
https://abcnews.go.com/International/wireStory/japan-passes-revised-law-allowing-joint-child-custody-110330983

TOKYO — Japan’s parliament on Friday passed a revision to the country’s civil code that will allow divorced parents the option of joint child custody, a change that brings the nation in line with many other countries.

The revision, the first to custody rights in nearly 80 years, is to take effect by 2026. It will allow divorced parents to choose either dual or single custody while requiring them to cooperate in ensuring their children’s rights and wellbeing.

Under the current law, child custody is granted to only one divorced parent, almost always the mother.

The change comes as divorces are increasing in Japan and a growing number of divorced fathers hope to stay in touch with their children. A number of high-profile allegations made by divorced foreign fathers who blamed their former partners for abducting their children and returning to Japan also encouraged the change.

The revision requires the sharing of child rearing costs by the parent who is not the main custodian. Currently, most divorced mothers, who often are part-time workers with low incomes, do not receive financial support from their former husbands.

In cases in which domestic violence or abuse by either parent is suspected, the other person will have sole custody, according to the revision.

Supporters of joint custody say it allows both divorced parents to play a role in child rearing. Opponents, including rights groups and some victims of domestic violence, have raised concern that the new system could make it harder for parents to cut ties with abusive spouses and that they may not be allowed a real say in custody decisions.

The concerns prompted some modifications to the legislation during parliamentary debate to require authorities to make sure the custody decision was not one-sided.

Chief Cabinet Secretary Yoshimasa Hayashi told reporters that the revisions address concerns raised by domestic violence victims and their families. But the improvements don’t go far enough and the risk remains high for vulnerable members in the families, said Kazuko Ito, a lawyer who has campaigned against the revision.

Under the revision, divorced parents who choose joint custody must reach a consensus on their children’s education, long-term medical treatment and other key issues, and will need to seek a family court decision if an agreement cannot be reached.

Either parent can make decisions about their children’s daily activities, such as private lessons and meals, or emergency treatment.

The revision is to be reviewed five years after it takes effect. ENDS

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Japan’s Diet passes bill to allow joint custody after divorce

The House of Councillors passes a bill during a plenary session in parliament in Tokyo on May 17, 2024, to introduce joint custody for divorced couples with children. (Kyodo)

May 17, 2024 (Mainichi Japan)

https://mainichi.jp/english/articles/20240517/p2g/00m/0na/008000c

TOKYO (Kyodo) — Japan’s parliament on Friday passed a bill to introduce joint custody for divorced couples with children, in a landmark change that paves the way for the adoption of a practice widely used in other nations.

In the first law change regarding parental authority in 77 years, Japan’s Civil Code will permit divorced parents to choose either sole custody or joint custody, a shift from the current system that has only allowed custody by one parent — usually the mother.

The change comes as family relationships diversify in Japan amid a rise in couples splitting and eagerness by both parents to play a role in child-rearing. The current system has also posed challenges for foreign citizens seeking to maintain ties with their children if their divorced partners return to Japan with them.

About 160,000 minors in Japan experienced the divorce of their parents in 2022 alone, double the figure in 1950.

The revised law will enter into force within two years of its promulgation and be applied retroactively to those who have already divorced.

Under the revised Civil Code, parents will generally determine between themselves whether to opt for sole or joint custody, but if there is a dispute, a family court will intervene and decide on custody arrangements.

In cases where domestic violence and abuse by one of the parents is suspected, the other parent will have sole custody.

Proponents of the joint custody system say the revision allows both divorced parents to take part in child-rearing, but victims of domestic violence have voiced concern that the new system could hinder them from severing ties with their abusers as it would maintain connections to their former spouses.

Some also fear such victims may not be able to negotiate single custody or joint custody on an equal footing.

To address such concerns, the bill was modified during parliamentary deliberations to add a clause that calls for considering measures to “confirm the true intention” of each parent, but critics argue the government measures to protect domestic violence victims are too vague.

The new system will be reviewed five years after the revision come into force.

Under joint custody, consensus between parents is not required in making decisions on day-to-day matters, such as what to feed children and whether to vaccinate them.

Parents must reach consensus on important matters such as education and long-term medical treatment, but if they cannot do so in time in an urgent situation, one of the parents can decide on their own.

To avoid ambiguity in what would constitute an urgent situation, the government plans to provide clear examples.

The revision also includes measures against unpaid child support that will oblige a parent to provide minimum payments even if no agreement is reached upon divorce.

The new custody system is expected to increase the burden on family courts in Japan as they will play the role of ultimate arbiter for parents in complex situations in terms of child custody, such as judging whether domestic violence is involved.

Critics question whether family courts possess enough manpower to handle additional duties, with the number of cases filed with family courts rising to about 1.14 million in 2022, up nearly 300,000 from 2012, according to judicial statistics.

Prior to the revision, Japan had been the only country among the Group of Seven industrialized nation with no joint custody system, according to a Justice Ministry survey of other countries released in 2020.

Discussion of Japan’s sole custody system emerged partly in response to global criticism over parental abduction cases involving Japanese spouses who took children away from foreign partners after the failure of marriages and made it difficult for the foreign parent to see their children in Japan.

Japan joined in 2014 an international treaty to help settle cross-border child custody disputes. But in 2020, the European Parliament adopted a resolution urging Japan to improve its child custody rules, under which European parents in Japan have little recourse in the event of domestic child abduction by a Japanese spouse. ENDS

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