Introduction of Shared Custody

The Legislative Council, an advisory committee for Minister of Justice, concluded a draft for amending Civil Code, which would allow divorced parents sharing joint custody of their children. Although the law has been limiting the custody of the child to one of the both parents for a long time, there has been raised an argument that joint custody should be introduced regarding current increase of divorces. Embracing worries for leaving domestic violence behind, the government is going to submit a bill to current ordinary session of the Diet.

Article 818 of Civil Code, legislated in late 19th century, determines that a person before the age of majority is under custody of parents, and the custody is shared by both parents。Article 819 says that when the parents divorce by agreement, the custody must be belonged to one of them. If the divorce was made with trial, the court decides to which the custody belongs.

 

According to a survey of Ministry of Health, Labor and Welfare, the number of both marriages and divorces are decreasing. However, approximately the number of divorced couples amounts one third of new marriages. It means that legislation to deal with various patterns of divorce is needed to settle the troubles between a father and mother to enhance welfare for children.

 

The draft made by the council offers divorcing couples a choice of joint custody or sole custody. That is to make it clear for the parents to be responsible for raising their children not only during they are married but also divorced. If they cannot decide on which side the custody belongs to, the family court will determine it. To prevent domestic violence or child abuse, the court can declare sole custody, if it finds possibility that one of the parents can harm mind or body of the child.

 

To secure cost for raising a child, the amendment will be making it easier for a seizure of property or claiming certain amount of money even without any agreement at the time of divorce. If a couple divorced without detailed rule for visitation, the court can recommend the way to provide opportunities of the meetings. Those rulings can be said as the measures for a society with diversity, in which the relationship of families is taking new forms.

 

One of the key points is how to protect one of the parents, in most cases a mother, from being coerced to choose joint custody by ex-spouse and victimized by domestic violence. In a case in Itami city, Hyogo, in 2017, in which an ex-husband killed his four-year-old daughter and himself during a visitation, the wife allowed him meeting with the daughter after he persistently requested the visitation through a mediator. Before protecting the right to meet the child, the government needs to protect the right of children to live safe.

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