Start of Joint Custody System: Antagonism at Time of Divorce Must Be Overcome

Editorial

13:00 JST, April 7, 2026

The responsibility of parents to raise their children does not disappear even after a couple is divorced. It is essential for both parents to calmly discuss what is necessary for the child’s happiness and how to ensure their well-being.

The revised Civil Code took effect on April 1, introducing “joint custody,” under which both parents retain custody of their children even after divorce.

Previously, only “sole custody” in which one parent held custody after divorce was allowed. This created a problem in which the parent without custody found it difficult to be involved in the child’s upbringing.

Going forward, when parents divorce, they will discuss and choose whether to adopt joint custody or sole custody. Even for those who are already divorced, it is possible to switch to joint custody if a petition is filed with and approved by a family court.

Custody is both the right and the obligation of parents to educate their children and manage their assets. Even after divorce, both parents must share responsibility for raising their children and ensure that the children do not face disadvantages.

If the concept of joint custody firmly takes root, it may lead to children growing up with a genuine sense that they are cherished by both parents.

The biggest challenge is likely the emotional conflict between divorcing parents. In Japan, most divorces are by mutual agreement, but in many cases, the details of child-rearing are not decided in advance.

After divorce, there are many cases in which one parent refuses to let the child see the other, feeling, “I don’t even want to see their face.” The majority of children of divorced parents live with their mothers. Of these single-mother households, 60% report never having received child support from the father.

With the introduction of joint custody, a new system was established to allow one separated parent living with children to claim statutory child support of ¥20,000 per child per month from the other parent. However, this amount is by no means sufficient as child support.

It is important for divorcing parents to discuss in advance matters such as the amount of child support and regular meetings between children and the parent they don’t live with, for the sake of the children’s future, and to document their conclusions in written form, such as a parenting plan.

When divorcing, couples should not attempt to resolve these issues on their own, but instead seek support from a third party.

It would also be helpful to consult with government agencies or bar associations regarding the differences between joint custody and sole custody as well as how to determine parenting arrangements. Explanatory materials are also available on the Justice Ministry’s website, and it is worth referring to them.

Divorce is often caused by domestic violence or child abuse by one parent. In such cases, the family court will grant sole custody. To prepare for an increase in petitions on related matters, the courts need to strengthen their structure, such as by increasing the number of staff with expertise in psychology.

(From The Yomiuri Shimbun, April 7, 2026)