Hi from Nikkei Asia! I know some folks here have been following this story, so wanted to share an excerpt:
*Japan’s parliament passed a landmark amendment to the country’s Civil Code on Friday, allowing divorced parents the option of shared custody over their children. The bill’s passage overturns an existing law permitting only sole custody by one parent.*
*Even so, the revised law has faced resistance from women’s rights activists, who say it could put mothers and children at risk by enabling abusers to maintain access to their victims. Under the new law, courts will have to confirm that both parents genuinely want joint custody before granting it.*
*For couples that choose shared custody, both parents will have legal rights to see their children, and both will be required to give permission for life events such as surgery, passport applications, or relocation. Couples whose divorces were finalized before the new law, which is expected to come into effect by 2026, will be able to apply for joint parental custody retroactively via a family court.*
As a father, it is good to know that my children can not be taken from my life without legal recourse.
How does this affect alimony payments for joint custody cases?
I’m not sure if this is a good thing:
*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.*
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Hi from Nikkei Asia! I know some folks here have been following this story, so wanted to share an excerpt:
*Japan’s parliament passed a landmark amendment to the country’s Civil Code on Friday, allowing divorced parents the option of shared custody over their children. The bill’s passage overturns an existing law permitting only sole custody by one parent.*
*The amendment reflects* [*shifting attitudes toward gender*](https://asia.nikkei.com/Spotlight/Gender/Japan-court-ruling-boosts-same-sex-marriage-hopes) *and family in Japan, where* [*women remain the primary caregivers*](https://asia.nikkei.com/Spotlight/The-Big-Story/Inside-Japan-s-gender-problem-The-men-tasked-with-empowering-women) *in most households.*
*Under* [*the amended law*](https://asia.nikkei.com/Spotlight/Society/Japan-edges-toward-allowing-joint-custody-for-divorced-parents)*, divorced parents will be allowed to choose between joint or sole legal guardianship of their children. If the couple cannot come to an agreement, or in cases of domestic violence or abuse, a family court will intervene and rule in “the child’s best interests.”*
*Even so, the revised law has faced resistance from women’s rights activists, who say it could put mothers and children at risk by enabling abusers to maintain access to their victims. Under the new law, courts will have to confirm that both parents genuinely want joint custody before granting it.*
*For couples that choose shared custody, both parents will have legal rights to see their children, and both will be required to give permission for life events such as surgery, passport applications, or relocation. Couples whose divorces were finalized before the new law, which is expected to come into effect by 2026, will be able to apply for joint parental custody retroactively via a family court.*
As a father, it is good to know that my children can not be taken from my life without legal recourse.
How does this affect alimony payments for joint custody cases?
I’m not sure if this is a good thing:
*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.*
[Source](https://apnews.com/article/japan-child-custody-law-revision-9ddb15431470294dae180b5c9e3d9282#)
When we say Japan is living in the future, in this circumstance, welcome to 1979.
Lol, watch this is be applied to Japanese-Japanese couples only.
And watch the foreigners 悔しいーーーーーー！！ when they realize this doesn’t apply to them.
That’s bad. For children’s stability they should live dominantly with one parent.