San Francisco Frontiers - Japan allows joint child custody after divorce

For decades in Japan, only one side -- almost always the mother -- was granted parental authority post-divorce, making it an outlier among developed economies

Takeshi Hirano, 49, who came home from work one day in 2018 to find his wife had disappeared with his two daughters, told AFP the new legal framework was a "huge step forward".

Under the previous system, "once you separated or got divorced, the parent-child relationship could easily be severed".

But opponents to the change argue that joint custody may re-traumatise domestic violence survivors by making it harder to put their marriages behind them.

On Sunday, around 100 people -- mostly women -- rallied in Tokyo showcasing a purple banner and balloons that symbolise domestic violence awareness.

They chanted slogans including "No to a system that blocks our escape!"

The revised laws that took effect Wednesday come as societal changes, such as fathers becoming more involved in child-rearing, increased pressure for reform.

The changes mean parents can now discuss the terms of custody when divorcing.

Couples can choose sole custody if they agree it is the best option. Should they disagree, family courts will intervene to make decisions for them, designating sole custody in the case of domestic violence.

- 'Abducted with impunity' -

Critics said the old system incentivised one party to take away their child and establish themselves as the resident parent first in order to win courtroom favour in custody battles.

"Your kid could be abducted with impunity," said Hirano, a lawyer by profession.

But he cautioned that joint custody does not automatically mean more meetings with children or more time spent together.

And the new law still allows one parent to unilaterally make decisions on everyday matters such as what their children should eat, wear and do after school.

What does change is that parental authority can now be split on major issues, including new home addresses, school choices and medical surgery.

"It's significant that the non-resident parent is now granted involvement in matters they previously had no say in at all," Hirano said.

Fundamentally, the legal revision is based on the idea that "both parents being involved in child-rearing, even after divorce, is in the best interest of children", he explained.

- Domestic violence -

But domestic violence survivors worry that joint custody can force them to remain in close contact with former partners, especially in cases of intangible forms of abuse that courts may fail to recognise.

Shiho Tanaka fled financial and psychological abuse by her former husband who she says talked her into quitting her full-time job, then "used his financial power to treat me like a slave".

While sole custody can be maintained in court-recognised cases of spousal violence, Tanaka, a local assemblywoman who heads a support group for single parents, told AFP that "psychological abuse tends to be disregarded by Japanese courts".

"I seriously doubt that court mediation officials with low awareness of domestic violence can truly see it for what it is."

The lopsided power dynamics mean victims may be pressured into accepting joint custody after all, and end up working together with abusers to co-parent, family lawyer Harumi Okamura told the rally.

The mediation system for divorcing couples "prioritises listening to both sides equally, and, under the banner of neutrality, courts neither point out abusive behaviour to perpetrators nor urge them to change their conduct," Okamura said.

P.Adams--SFF