The amendment to the civil code will align Japan with other G7 nations, addressing concerns that the existing law causes psychological harm to children.

This week, Japan's parliament voted to amend laws that previously allowed only sole custody, now permitting divorced couples to negotiate joint custody of their children, marking a significant change.

In Japan's civil code, couples are mandated to determine which parent will have custody of their children upon divorce, a practice criticized for causing psychological harm to children and limiting the involvement of the "left-behind" parent in their upbringing.

The recent legal amendment, supported by the Liberal Democratic Party, its coalition partner Komeito, and two main opposition parties, will align Japan, the sole G7 member without legal recognition of joint custody, with many other nations.

Advocates for the current system have expressed worries that implementing joint custody might place children at risk, particularly in cases involving child abuse as a reason for divorce. They also fear that women who have experienced domestic violence would be compelled to maintain connections with their abusers.

In reassurance, the proponents of the bill have emphasized that if abuse is suspected, custody will still be granted to one parent.

Following approval by the influential lower house earlier this week, the legislation will now proceed to the upper house, where it is anticipated to pass before the current parliamentary session concludes on June 23, according to Kyodo news agency.

"Even after divorce, it is important for both mothers and fathers to remain appropriately involved in, and responsible for, bringing up their children,” Justice Minister Ryuji Koizumi told parliament last month, as reported by Nikkei Asia.

The legislation, marking the first change to custody laws in over seven decades, could come into effect as early as 2026, according to Kyodo. Additionally, it would be retroactively applied to couples who have already divorced.

The sole custody system has faced criticism from divorced parents, including foreign nationals who struggle to maintain relationships with their children if their former partner takes them back to Japan, sometimes denying their former spouse any parental contact.

This change reflects the evolving nature of families in Japan, which remains resistant to allowing married couples to use separate surnames, a stance conservative lawmakers view as a challenge to traditional values.

Approximately 200,000 children are affected by divorce annually, double the number from 50 years ago, despite the declining birth rate. A 2021 government survey revealed that one in three children with divorced parents reported eventually losing contact with the non-custodial parent.

In cases where parents cannot agree on custody arrangements, family courts will have the authority to decide based on the child’s interests, as reported by the Yomiuri Shimbun newspaper.