Paku Midin: JAPAN TO ALLOW JOINT CUSTODY OF CHILDREN AFTER DIVORSE

JAPAN TO ALLOW JOINT CUSTODY OF CHILDREN AFTER DIVORSE

@Jackie San

TOKYO

In May, it was decided that Japan will introduce the right to joint parental custody by the year 2026 as an option in the case of divorce. This reform marks a huge legal shift after 77 years of a sole parental custody system following divorce in the country, and was spurred on by several factors which include:

● Encouraging both parents to take responsibility for child-rearing expenses through joint custody, which addresses an ongoing issue of single-parent households not being able to receive adequate child support payments.

● Increasing the face-to-face interactions of children and their parents through visitation rights, which is thought to be beneficial for both sides.

● Conforming to international standards, where joint custody tends to be the norm, though the details vary from country to country. Also, in accordance with the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, a joint custody system can help prevent child abduction cases with the dissolution of international marriages.

▼ The question facing divorcing parents in Japan soon: Should we seek joint custody, or should one of us have sole custody of the kids?

Of course, the reform does not come without concerns from lawmakers. Namely, opponents of the change worry that there will be an increased risk of continued domestic violence or child abuse in cases of divorce due to these factors. Others have cited an increased burden on both children and the courts if there is a rise in the number of lawsuits regarding enforcement of joint custody situations. What is clear is that in order for joint custody to be as effective as possible in Japan, the government will have to strengthen its countermeasures against child abuse and create additional support systems to ensure smooth parental visits and payment of child support.

So what does the general public think of the upcoming right for joint parental custody? Data collection firm Navit conducted an internet survey in July among 1,000 Japanese male and female participants in their 20s-80s on differing attitudes. The major survey questions and takeaways are detailed below.

Q1: Are you aware of the right to joint custody, in which both parents have shared parental rights even after divorce?

With 73.3 percent of respondents stating that they were aware and only 26.7 percent stating that they were not aware of a joint custody system, the majority of people seem to be familiar with its existence in some places of the world as a potential option.

Q2: Did you know that joint custody will be implemented in Japan by 2026?

This time, with only 47.2 percent stating that they knew of the upcoming legal change and 52.8 percent stating that they did not know, it seems that the general population could benefit from a public awareness campaign in the near future.

Q3: Do you support or oppose joint custody?

The responses to this question were more mixed, with the highest proportion of respondents stating that they neither support nor oppose joint custody at 43.6 percent. The next biggest group were those who support it at 30.4 percent, followed by those who lean on the side of supporting it if they had to choose at 15.1 percent. The two smallest groups were those who lean on the side of opposing it if they had to choose at 6.7 percent, and finally, those who oppose it at 4.2 percent.

With the the biggest group displaying ambivalence towards the concept of joint custody, perhaps more educational programming is needed alongside awareness to also teach the public about both the potential pros and cons of this kind of system.

Q4: What do you think of joint custody?

This final question was fairly open-ended with multiple responses, but the three largest kinds by far can be summarized by the following statements:

● “I think it’s good because children can receive the love of both parents” (26.4 percent)

● “I don’t think it’s good because it has the possibility of making it harder for children to escape domestic violence or child abuse” (18.7 percent)

● “I think it’s good because it will decrease fighting over parental rights” (13.0 percent)

The reform also seems to be part of a growing trend in legal changes to support the various needs of Japanese families with children. Ultimately, it appears that there is still a long way to go in order to successfully adapt a system of joint parental custody as an option after divorce into the unique cultural context and legal framework of Japan.

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