Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, July 30, 2022

Draft Proposes to Introduce Share Custody Option in Japan

From The Japan Times:

A government team presented a working draft Tuesday of an interim proposal that would allow divorced parents to share custody of their children. The draft, written by the Family Law Subcommittee of the Legislative Council, which advises the justice minister, includes the option for Japan to either introduce a joint custody system or maintain the existing system, which gives custody to one parent. The subcommittee will adopt the interim proposal at its next meeting, to be held at the end of August, and will solicit opinions from the general public.

Under the current law, parents have joint custody of their children while they are married. After divorce, either parent is allowed to have custody but not both. Japan’s solo custody system is viewed as a factor behind such problems as unpaid child support expenses and failures to ensure meetings between noncustodial parents and their children.

The subcommittee also presented two options about joint custody, with one calling for its full introduction in principle and the other allowing joint custody on condition that certain requirements are met, such as agreement between both parents.

Read more here.

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