Japan’s Child Custody System Faces Criticism as Amendment Takes Effect
Approximately 150,000 children in Japan lose contact with a parent each year due to the existing custody framework. Starting in May 2024, however, a new amendment to the civil code may alter this landscape. The legislation, passed by the Japanese Diet, introduces the possibility of shared custody for divorced parents, set to take effect by 2026, reports 24brussels.
While the amendment marks a significant shift, joint custody will only be available if both parents consent. Should they disagree, family courts will intervene, a situation some view as a continuation of the status quo rather than a profound transformation.
The current custody arrangements have inflicted lasting trauma on children, separating them from parents and extended family, and sometimes resulting in the loss of cultural identity. Cases involving foreign nationals add complexity and can escalate to international disputes, engaging entities like the U.N. and Interpol.
Many parents endure lengthy legal struggles to reconnect with their children, yet success hinges on the custodial parent’s willingness. For numerous parents, the outcome is heart-wrenching isolation; they lack access to important medical records and are excluded from decisions affecting their child’s education and health. The profound disconnect leads them to often feel as if they have ceased to exist in their children’s lives.
