Photo/Illutration Justice Minister Ryuji Koizumi speaks to reporters on March 8. (Kazumichi Kubota)

The government approved legislation that for the first time would allow divorced parents to share joint custody of their children.

The bill submitted to the ordinary session of the Diet on March 8 is intended to revise the Civil Law. It would also cover couples who were already divorced at the time of enactment of the revised Civil Law.

A two-year government campaign to spread awareness of the new law will be required once the legislation passes the Diet.

Strong concerns were initially raised that if one parent has more power in the relationship, he or she could force the other into joint custody, allowing domestic violence and abuse to continue even after the divorce.

Among the major points of discussion in Diet deliberations will likely be how to prevent domestic violence and abuse, as well as strengthening the family court system. This is because the new law will stipulate that the family courts play a greater role in making decisions about joint custody and coordinating differences of opinion between divorced couples.

In cases of uncontested divorce, the legislation calls on the spouses to discuss and decide whether joint custody will be put in place or if one parent would have sole custody.

If no agreement can be reached, the family court would decide after looking into the relationship between the parents and child.

The court would be called on to grant sole custody by placing priority on ensuring that the interests of the child are not hurt due to domestic violence or abuse on the part of one parent.

The family court would again intervene if the parents are unable to decide matters related to the child when joint custody is granted.

But one of the parents will be allowed to make decisions in so-called pressing cases, such as what to feed the child, that cannot wait for a decision by the family court. A more troublesome issue will be what to do about providing medical care for illnesses that require immediate decisions.

Couples who were already divorced when the revised Civil Law is enacted can ask the family court to change the custody arrangement to a joint one.

The legislation also includes a measure to establish legally defined child support so a parent can receive a minimum level of support even if the couple did not reach an agreement on such support.

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