A new revision to the Civil Code introducing joint child custody for the first time in Japan reflects the ideal that divorced couples should cooperate for the sake of their children. 

But a supporter who has worked with many divorced families has identified a number of challenges that remain, as families and parenting styles become increasingly diverse.

The law “may spread the value that even if a couple separates, they are still responsible for their children,” said Terue Shinkawa, 59.

Shinkawa heads a group called “oyako link service,” which supports visitation rights for divorced families.

During the Diet deliberations, several voices questioned whether divorced parents could build a cooperative relationship before the revision was passed on May 17. 

One such voice said, “If they could cooperate with each other, they would not go as far as divorce.”

Based on her 20 years of experiences, including supporting single-parent families, Shinkawa said she has met many cohabiting parents who tell her that they do not want any contact with their former spouses. 

One cohabiting parent asked that a toy that the other, separated parent had bought during a visit with their child not be brought home. 

However, Shinkawa said even when there is a mutual distrust between parents at first, the ill feelings gradually ease as a third party meets with each of the involved parties, or as a result of repeated visitations.

While having custody and having visitations are two separate issues, Shinkawa said she hopes the revised law will change attitudes toward post-divorce child-rearing and increase the number of parents who wish to have visitation rights. 

One of the concerns she expressed is that there is not enough support for parents and children who have difficulty communicating with each other.

The Justice Ministry has less than 60 visitation support organizations throughout Japan listed on its website. Shinkawa’s organization sometimes receives inquiries from remote areas.

“All organizations have their hands full. It is necessary for the government to establish a system to provide support, rather than leaving it to the private sector alone,” Shinkawa said.

Shinkawa also feels that there is a need for awareness raising and counseling for parents during the divorce process and the aftermath.

She said she has seen cases in which the poor relationship between parents is carried over into the parents-child relationship, such as a mother who forbids her child from calling the separated parent “Daddy.”

“What is important is a mindset that puts the child’s best interests ahead of the parents’ relationship. There needs to be an opportunity for them to become aware of this,” Shinkawa said.

A major point of contention regarding the revised law was the concern about the continuation of domestic violence.

In Japan, when there is domestic violence, it has been viewed as a de facto refuge for victims to divorce with their children and obtain sole custody.

The revised law stipulates that a family court will grant sole custody if there is domestic violence or the threat of such abuse. 

However, there are persistent concerns that family courts will overlook domestic violence that is difficult to see, such as psychological violence, and that joint custody will be granted.

Tadashi Nakamura, a special-appointment professor at Ritsumeikan University who is a member of the Cabinet Office’s panel on violence against women, said it is a prerequisite that a support system for the parties be in place for joint custody "to function to a certain degree."

"Since there are various forms of domestic violence, it is necessary to create objective indicators for evaluation, including not only psychiatric diagnoses but also psychological approaches that analyze the closeness of family relationships,” he said. 

Nakamura suggests that, specifically, a risk assessment method used in temporary protection for abuse victims should be introduced, and in addition to investigators, specialists capable of social work should be assigned to family courts.

Measures against domestic violence in Japan focus on “escape,” such as temporary protection for victims and measures to assist the government in keeping secret the address where the victim has moved to.

In response to such current situation, a supplementary resolution to the revised law includes the implementation of a program for perpetrators.

Nakamura operates such a program in the Kansai region in cooperation with local governments.

Perpetrators of domestic violence and abuse share their experiences with each other to change their misconception that one controls a person through violence.

Nakamura said that 20 to 30 percent of the participants can build a cooperative relationship with their former spouses in raising their children after participating in such a program.

“Parents become models for their children’s future. The changes they undergo through the program have a positive impact on their children,” he said.

However, he also cautioned, “We need to be careful of perpetrators who use such a program as a bargaining chip in the family courts.”

The revised law will go into effect within two years of its promulgation.

“We need to develop a systematic domestic violence policy that incorporates risk assessment and perpetrator programs, rather than leaving it up to the parties involved,” Nakamura said. 

(This article was written by Emika Terashima and Satomi Sugihara.)