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The number of petitions for court mediation or trials filed by fathers seeking custody of their children has increased by 70 percent over the past 10 years, a Supreme Court study showed.

The number now outpaces the figure filed by mothers.

One expert said the switch is due to changes in the traditional way of the family, in which the father is expected to work outside the home while the mother takes care of the children.

In Japan, married parents have joint custody of their children, but after divorce, only one parent is granted sole custody.

If parents disagree on custody of their children during divorce proceedings, they can petition a family court to make a decision.

Generally, court mediation is first sought, and if the parties are unable to reach an agreement, they can proceed to a trial.

According to judicial statistics, there were 3,592 petitions for court mediations and trials in 2022, up 30 percent from 2,710 in 2012.

For cases in which the legal proceedings have been completed, fathers filed more of the petitions than those of mothers in 2016.

In 2022, fathers filed 1,567 cases, exceeding the 1,216 filed by mothers.

The average length of the court proceedings was 6.3 months in 2012. But it was 9.1 months in 2022.

Setsuo Shimosaka, a former family court investigator, currently serves as deputy director-general of the Family Problems Information Center, a public interest incorporated association that provides support for parent-child visitations and exchanges.

Shimosaka said mothers have often taken away their children even before their divorces are finalized. But now, “more and more fathers are objecting and petitioning to win back their children.”

Court decisions are based on the child’s age, personality and schooling, as well as the record of custody and the relationship between parent and child.

A court investigator meets with the parents and the child, conducts relevant research, and reports back to the judge.

“Fathers are also taking on child care responsibilities, and the difference between mothers and fathers is disappearing,” Shimosaka said.

He said it has gotten difficult to determine which parent would be more appropriate to take care of the child.

“Children adapt more quickly than adults, even in undesirable environments,” Shimosaka said. “The court’s expertise in making decisions with speed is being called into question.”

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