Japan's new joint custody law reshapes divorce debate
As Japan introduces joint custody, some couples find it easier to part ways. But the reform sparks debate over whether children's interests are truly central
As Japan introduces joint custody, some couples find it easier to part ways. But the reform sparks debate over whether children's interests are truly central in a system still led by parents. "After five years of separation, the law change finally gave us a push for a divorce," Mariya Yamada, a 46-year-old Japanese television personality and actress, told DW in late June, showing her completed divorce certificate with a fresh smile. "I will submit this paper next week — with the custody box checked for both my husband and myself — and it's all done," she said. Soon after, the mother of a 13-year-old son announced the completion of her divorce from her actor husband, following Japan's introduction of joint custody for divorced parents in April. The popular couple's timely divorce drew widespread attention in Japanese media, including major television networks and sports newspapers. "My husband kept saying that he didn't want to lose custody of our son," Yamada said, "but now he can finally accept the divorce." Akashi: Japan's family-friendliest city To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video Adopting joint custody Prior to the new legislation, Japan was the only G7 country that granted custody to only one parent after divorce. Under the revised Civil Code, parents with joint custody are required to discuss decisions that could have a significant impact on their child's life, such as where the child lives and which school they attend. When parents cannot agree on their own, the family court determines custody based on the child's best interests. The law also allows parents who divorced before the reform came into effect to apply to the court to convert an existing sole custody arrangement into joint custody.
In the case of domestic violence or abuse, the court will grant sole custody to one parent. Unheard children's voices In Japan, where around 90% of divorces are settled by mutual agreement without court intervention and only sole custody had been recognized before April, the interests of children after their parents' divorce have often taken a back seat. A 26-year-old woman working in Tokyo, whose parents divorced when she and her younger sister were in elementary school, reflected that she struggled to understand when her father was granted sole custody due to adult priorities, such as financial stability, even though both kids "felt much more attached to mother." "I always wished I could have lived with my mother," she told DW. "Whenever I had to fill out official documents, I could only write father's name as my parent." She felt a gap between the legal arrangement and everyday life, as her mother continued to take care of them after the divorce, including frequent dinners at her mother's house. She vividly remembers her younger sister crying when she had to part from their mother. "Looking back, I wish joint custody had been allowed then," she said. "If children are old enough to have their opinions, adults shouldn't make these decisions on their own. They should listen to what children want, too." Japan's healthy children To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video Shinji Nozawa, professor at Meiji Gakuin University in Tokyo, who specializes in family sociology and stepfamily research, pointed out that children often lose contact not only with one parent after divorce, but also with that parent's side of the family. "In most cases, they can no longer see their grandparents either," he said.
The BriefWire