Photo/Illutration A mother watches her son play an online game in Tokyo on Aug. 5. His father has lived apart from them since the couple's divorce. (Satomi Sugihara)

A Justice Ministry panel suggested the possibility of allowing divorced couples to have joint custody of their children, but strong reservations were voiced against such a system.

Its interim report released on Nov. 15 recommends either maintaining the current system or introducing a combination of two systems.

Currently, under the Civil Law, married parents have joint control over the children. But after a divorce, only one gains “parental authority,” which includes the rights to custody, daily personal care, managing the child’s assets, and signing contracts on behalf of the child.

Family courts select the parent in disputes over custody.

The sole custody rule is seen as harsh because it could put too much burden on one parent. Some critics say both parents should be responsible for raising their children after divorce.

The interim report of the Justice Ministry’s Legislative Council proposed maintaining the current system while introducing joint custody through revisions of the law.

When the joint custody proposal was suggested at the council, which serves as an advisory panel to the justice minister, some members strongly opposed, saying such a system could put both children and parents in danger.

One opponent warned that “maintaining such a relationship with a separated parent could lead to domestic violence and abuse.

Some panel members submitted opinion papers to the ministry, expressing “strong concern” about the interim report and saying that “the discussions were too hasty.”

The panel presented three options if joint custody is introduced.

One is to make joint custody the main principle in divorce cases and use single authority as an exception if certain requirements are met.

The second is to have single authority as the main principle and allow joint custody as the exception.

The third is to decide custody matters on a case-by-case basis.

For the proposed joint custody cases, a question was raised on which parent should be given the rights now granted for single parental authority.

The panel suggested either giving one parent all of those rights or having both parents share the rights and responsibilities without any legal stipulations.

The interim report also proposed a new system for child-support payments and visitation rights after divorces.

One suggestion was to make divorces impossible, in principle, if arrangements are not confirmed beforehand for child-support payments or visitations.

The arrangements must take into account the living conditions and safety of the child, the panel said.

Divorces have become more common in Japan. An estimated 33 percent of couples now get divorce, affecting around 200,000 minors each year.

The Justice Ministry will solicit public opinions about the proposals by the end of this year.

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