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Divorcing parents in Japan can opt to share custody starting Wednesday, ending a system both criticised for encouraging parental child “abductions” and defended as a safeguard for domestic abuse survivors.
In Japan, for decades only one side—almost always the mother—was granted parental authority post-divorce, making it an outlier among developed economies.
Takeshi Hirano, 49, who came home from work one day in 2018 to find his wife had disappeared with his two daughters, told AFP the new legal framework was a “huge step forward”.
Under the previous system, “once you separated or got divorced, the parent-child relationship could easily be severed”.
But opponents to the change argue that joint custody may re-traumatise domestic violence survivors by making it harder to put their marriages behind them.
On Sunday, around 100 people — mostly women — rallied in Tokyo, showcasing a purple banner and balloons that symbolise domestic violence awareness.
They chanted slogans including “No to a system that blocks our escape!”
The revised laws that took effect Wednesday come as societal changes, such as fathers becoming more involved in child-rearing, have increased pressure for reform.
The changes mean parents can now discuss the terms of custody when divorcing.
Couples can choose sole custody if they agree it is the best option. Should they disagree, family courts will intervene to make decisions for them, designating sole custody in the case of domestic violence.
