Joint child custody for divorced parents arrives in Japan
The government has introduced this option, as provided in the new Civil Code, in the case of divorce starting 1 April 2026. Parents can request it at the time of their separation, which includes joint parental consent for major decisions regarding their children, even after divorce.
Tokyo (AsiaNews) – The Japanese government has approved an ordinance to implement the revised Civil Code, which introduces a new joint child custody system for divorced parents starting 1 April 2026.
A statutory child support system will go into effect on the same day, providing for fixed payments in cases where no agreement is reached at the time of divorce.
The new systems are aimed at stabilising children's living conditions after their parents' divorce.
Parents will be able to choose between joint or sole custody. If they fail to reach an agreement, the decision will be made by the court, which may grant sole custody if domestic violence or abuse is suspected.
The joint custody system will require the consent of both parents for important decisions regarding children, such as school enrolment or a change of residence.
Even if a person obtained sole custody in a divorce that occurred before the new Civil Code came into effect, they can apply for joint custody.
Statutory child support will be defined as the standard expenses necessary to ensure a minimum standard of living for the child and can be provisionally requested even in the absence of an agreement between the divorced parents.
The proposed ministerial ordinance envisages the payment of a monthly allowance of 20,000 yen (US$ 129) per child, but the amount is still under review.
The payment obligation will not apply to couples divorced before the new code came into effect.
Also starting 1 April, the government will introduce a plan to allow divorced parents living with their children to seize the assets of their ex-spouses if they fail to pay child support, up to a limit of 80,000 yen per month per child.
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17/11/2022 15:58
28/12/2018 10:34
