Japan now allows joint custody after divorce for the first time. On April 1, 2026, revisions to Japan’s Civil Code took effect, ending a sole-custody system that had been in place for more than a century. Under the new law, divorcing parents can choose between joint custody and sole custody.

The reform marks one of the most significant changes to Japan’s family law in decades. Supporters say it will help children maintain relationships with both parents after divorce. Critics warn it could expose survivors of domestic violence to continued contact with abusive partners.

According to Japan’s Ministry of Health, Labor and Welfare, around 38.5% of marriages in Japan ended in divorce in 2024. That’s roughly one in three—probably higher than most people expect, as Japan has a reputation for marital endurance.

The Old System, Explained

Until now, sole custody was the only option available to a divorced couple. Japan was the only G7 country that did not recognize joint custody, a system that is common in many Western countries. When a couple split, one parent, in most cases the mother, received full shinken [parental authority], covering everything from school enrollment to medical decisions to passport applications. The other parent had no legal standing on any of it.

Japan was the only G7 country that did not recognize the legal concept of joint custody.

Visitation wasn’t guaranteed either. Couples were free to arrange it themselves, but if it went to court, custody would go to only one parent, who could cut off the other parent’s access to their children. A 2021 government study found that around a third of children whose parents divorce end up losing all contact with the parent who didn’t get custody.

Legally, the system was gender-neutral. Japanese custody law doesn’t explicitly favor mothers over fathers, and courts must prioritize the best interests of the child. In practice, however, mothers received custody in the vast majority of cases, partly because courts weigh primary caregiving history heavily.

What Changed on April 1, 2026

Japan’s new joint custody system marks a sweeping overhaul of the country’s family law under a revised Civil Code—the first of its kind in over a century. Under the new system, divorcing couples can choose between joint and sole custody through mutual agreement. If the parents cannot reach an agreement, a court decides on their behalf. Couples who have already divorced may petition family courts to switch from their existing arrangements.

It’s worth being specific about what “joint custody” actually means here, because it doesn’t necessarily imply an equal split of parenting time. Under Japan’s new system, a parent who is caring for the child can still make decisions about routine, day-to-day matters on their own. What changes is that parents can now share authority on major issues—such as relocating to a new home, choosing a school or approving significant medical treatment—which may require agreement from both parents or, in some cases, court involvement.

At the same time, a child support system was launched, enabling parents to claim a minimum level of child support from their former partners. The parent living with the child can claim a minimum of ¥20,000 per month from their former spouse.

Concerns Regarding Joint Custody in Japan

Opponents argue that joint custody could re-traumatize survivors of domestic violence by forcing continued contact with abusive partners. In May 2024, around 400 people protested outside the National Diet Building, while other demonstrations in Tokyo drew smaller crowds chanting slogans such as “No to a system that blocks our escape.”

Public concern has also surfaced online. A petition opposing joint custody due to fears about domestic violence and child abuse gathered more than 240,000 signatures in 2024. Critics also point to Japan’s gender wage gap—about 21% in 2022, the highest among G7 countries—which can leave some women financially dependent on former spouses and more vulnerable to economic abuse.

The law does include safeguards. Courts can grant sole custody in cases of domestic violence or child abuse, and judges must award sole parental authority if joint custody would harm the child’s welfare.

Still, some experts question how consistently these protections will be applied. Domestic violence is often underreported or difficult to prove in court, meaning some victims may struggle to demonstrate abuse in custody proceedings. Japan’s family courts already face limited resources, including a shortage of investigators and specialists trained in family law, and the expanded role in custody decisions may place additional strain on the system.

What the Custody Revision Means for International Residents

For foreign nationals in Japan, the previous system had long been a concern. Some hope the joint custody law will help prevent parental abduction cases, which have drawn increasing attention in recent years—particularly after allegations by foreign parents against Japanese ex-spouses.

One high-profile dispute involved Japanese table tennis player Ai Fukuhara, whose Taiwanese ex-husband accused her of refusing to return their son to Taiwan before the pair later reached a settlement. During the Tokyo 2020 Summer Olympics, French father Vincent Fichot staged a hunger strike to protest losing contact with his children. Australian journalist Scott McIntyre has also spoken publicly about losing contact with his child following a custody dispute in Japan.

The reform could also affect international cases under the Hague Convention on the Civil Aspects of International Child Abduction. Because joint parental authority means both parents may now hold legal custody rights, it could strengthen arguments that a child was wrongfully removed without a parent’s consent—a key factor in Hague return cases. 

How much difference it will make in practice, however, will depend on how Japanese courts interpret and enforce the new law.

For legal support in Japan, the Japan Legal Support Center (Houterasu) connects people with English-speaking family law attorneys. Or, reach out to Setagaya Yoga Law Firm for navigating cross-cultural divorce in Japan in English.

We also outline legal information and resources regarding DV in our article: Domestic Violence in Japan.

 For more on expat life in Japan, see our guides to giving birth in Japan as a foreigner, divorce in Japan, and opening an LLC in Japan as a non-resident or non-citizen.