FIVE THINGS ABOUT JA PAN' S LAW ON JOINT CUSTODY
Japan is unusual among developed nations in not recognizing the concept of joint custody. Its custom of granting sole custody to one parent means hundreds of thousands of parents can't see their children, and children can't see both of their parents. But international pressure and legal efforts could bring a re-examination. Here's some detail.
1 LACK OF A LAW
Tomoshi Sakka, a lawyer who has handled rights cases, said there is growing public awareness that children have fundamental rights of their own to see both parents. Sakka has filed three “intertwined” cases to court, arguing that the lack of a law preventing parents leaving with their children is an unconstitutional violation of children's rights, and that courts should enforce parental visitation rights.
2 TIME TO UPDATE
Japanese courts operate on the “continuity principle,” almost always granting sole custody to whoever has physical control of the children when the case comes before them. That reflects Japan's now-abolished family system that saw children as possessions of households.
3
IN THE DARK OF NIGHT
What that means in practice is parents seeking custody of their children only need to abscond with the kids to a new location. Courts almost always grant the “kidnapper” sole custody. And because courts lack the specific legal right to enforce visitation rights, it is effectively up to the custodial parent's discretion.
4 EUROPE ON BOARD
Twenty-six EU ambassadors wrote a joint letter in 2018 arguing that children should have the right to see both parents, citing the United Nations Convention on the Rights of the Child. That message was forcefully underlined with a resolution of the European Parliament in July. Now European parliamentarians are pressing the EU to link its 2019 trade deal with Japan with the issue.
5 BREAK FROM TRADITION
In previous decades, men worked long hours and women looked after children. Courts awarded custody to women in around 90 per cent of cases, but with societal roles changing, so are the demands of both sides of the divorce.