New Custody Law Opens Door to Shared Parenting

Japan has introduced a new law allowing divorced parents to agree on joint custody, marking the first major reform of child custody rules in more than a century.

“The revision calls on parents to respect each other’s positions and cooperate in the best interests of their child,” reflecting a shift toward more balanced and collaborative parenting after divorce.

The reform replaces a long-standing system that required sole custody, often limiting one parent’s involvement in key decisions such as education, healthcare and residence. Around 200,000 children are affected by divorce each year in Japan, and a 2021 survey found that one in three eventually lost contact with a non-custodial parent under the previous system. The new framework allows parents to choose between joint and sole custody, and even enables previously divorced couples to apply for revised arrangements through the family courts. It also brings Japan into line with other G7 countries, where shared parenting is widely recognised, while maintaining safeguards that prevent joint custody in cases involving abuse.