Japan passes bill allowing for joint custody in divorces

The Bill providing for the amendments to the Civil Code, which includes the introduction of a joint custody system for divorced couples was approved by a majority vote in the House of Councilors Judicial Affairs Committee on the 16th with the support from the Liberal Democratic Party, the Constitutional Democratic Party of Japan, and others. The Japanese Communist Party opposed the bill. 

The bill is expected to be approved and enacted at the House of Councillors plenary session to be held today, the 17th. 

In Japan, the default arrangement is the sole custody system where only one parent can hold parental rights after getting a divorce. The Bill aims to introduce a joint custody system that allows divorced parents to share custody of their children.  

As stipulated in the bills, parents will determine whether to go with joint or sole custody through consultations, and instances where agreements cannot be reached will be referred to the Family Court. Sole custody will be granted in cases of domestic violence or child abuse. 

There are also supplementary provisions in considering whether the choice of joint custody is based on the genuine intentions of both parents and the allowing of reviews and revisions after the legislation takes effect. 

Source: NHK