Under the revised Civil Code rules, separated couples can choose to share custody or have one parent take sole custody by mutual agreement. The amended law states that parents should respect each other's individuality and work jointly in the best interests of their child. In joint custody cases, major decisions affecting a child's future must be agreed upon by both parents, while day-to-day matters can be handled by one parent alone. If parents cannot reach an agreement at the time of divorce, a family court will settle the matter.
Judges will determine whether joint or sole custody is more appropriate, with the child's welfare as the guiding principle. If there is evidence of abuse or risks to a child's safety, or if domestic violence makes cooperation unrealistic, courts are required to grant sole custody. Courts may reject applications to switch to joint custody if there are concerns such as a history of abuse or prolonged failure to provide child support without valid reasons. The specific criteria family courts will use to assess 'best interests of the child' in custody decisions remain undefined.
The revision introduces a provision allowing a parent living with the child to claim a monthly payment of 20,000 yen per child from the other parent, even without prior agreement. This measure is designed as temporary support until formal arrangements are put in place and applies to divorces finalized on or after April 1. Previously, child support could only be enforced if both parents agreed or through legal procedures. The updated law introduces a system that gives child support claims priority over other debts. How the new child support enforcement system will handle cases where the non-custodial parent is unemployed or has low income is not yet clear.
The reform allows parents who divorced under the old rules to apply to a family court to seek a change in custody arrangements. This retroactive application provides a transition for existing divorce cases, though it is uncertain how many divorced couples are expected to seek joint custody under the new law.
Implementation challenges and remaining questions about the new system persist. Resources or support services to help parents navigate the new joint custody arrangements have not been specified. Measures to ensure courts can adequately identify risks of abuse in complex domestic violence cases also remain unaddressed, highlighting potential hurdles as the law takes effect.