Japan now allows shared custody after divorce; measure worries victims of domestic violence

Posters reading “Learn about joint custody and protect your children” displayed at a rally to protest the entry into force of post-divorce joint custody on April 1 in the Shinjuku neighborhood of Tokyo. Kazuhiro Nogi/AFP Parents going through a divorce in Japan can now resort to shared custody of their children, a right previously reserved for just one of the parents, almost always mothers, after the new law came into force this Wednesday (1). The law, approved last year, reflects profound social changes in the Asian archipelago, such as the growing involvement of men in raising children, a scenario that has increased pressure for reform. The changes now allow fathers and mothers to discuss the conditions of legal custody of their children during separation. Couples can opt for sole custody if they consider it to be the best option. In case of disagreement, they must appeal to the family courts. SEE ALSO Heavy metal fan, Japan’s prime minister appears singing karaoke in the 2000s For decades, only one parent received parental authority after divorce, which made Japan an exception among developed economies. Takeshi Hirano, 49, who returned home one day in 2018 and discovered that his wife had left the house with their two daughters, told AFP that the new legislation represents “a big step forward”. But critics of the reform claim that shared custody can cause new suffering to victims of domestic violence by forcing them to maintain ties with their ex-partner. On Sunday, nearly 100 people – mostly women – protested in Tokyo against the new law. They displayed balloons that symbolize the fight against domestic violence and shouted, among other things: “No to a system that prevents us from escaping.” Others claim, on the contrary, that the old system encouraged one of the parents to flee with their child or children to be the first to establish the status of “resident”, which represented an advantage in court.

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