THE ASAHI SHIMBUN
April 19, 2023 at 13:55 JST
A working group of Justice Ministry's Legislative Council discusses the issue of joint custody on Nov. 15, 2022. (Asahi Shimbun file photo)
A working group of the Justice Ministry’s Legislative Council on April 18 agreed to consider introducing a joint child-custody system for divorced parents in Japan, but opposition remains fierce among some members.
Intense debate is expected to continue over details of new system.
The working group started discussing the issue in March 2021, and members have been split into supporters of joint custody and those who want to maintain the sole custody system.
According to a source, members of the working group at the April 18 meeting shared materials regarding the course of future discussions.
The materials were based on previous talks.
The documents pointed out: “Family situations over divorce vary widely. From a viewpoint of the children’s benefit, joint custody works better for some families, but sole custody works better for other families.”
The materials also stated, “The existing Civil Code that denies joint custody across the board without exception needs to be reviewed in some form.”
Many group members supported the idea of reviewing the law. But some also voiced concerns that joint custody could allow domestic violence and abuse to continue.
The working group agreed to address such concerns first and then thoroughly discuss the possibility of introducing joint custody.
The group will first weigh a system that allows married couples who are in the process of an amicable divorce to agree on either sole custody or joint custody of their children.
Members of the group will then discuss which parent should take care of a child on a daily basis if joint custody is introduced.
The group agreed to leave some issues on the agenda for future discussions, such as when married couples disagree on who should take custody after divorce, and when parents go through an adjudicated divorce.
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