In Japan, divorce splits parents from children. Could a law change end sole custody?

On a weekday day successful Japan, John Deng stands adjacent the playground, listening to different children play and laugh.

His ain lad and girl are obscurity successful sight. He longs for the mean moments helium erstwhile shared with his children: taking them to the park, watching them aftermath up, and being portion of their lives.

Deng, not his existent name, is primitively from Hong Kong and has lived successful Japan for the past 22 years. It's wherever helium built his life, met his erstwhile partner, and became a begetter to 2 children, an eight-year-old lad and a 10-year-old daughter.

But, helium says, that beingness has travel undone. His matrimony fell apart, and his children were taken distant by his ex-partner without warning.

His communicative is not antithetic here. For decades, divorcement successful Japan often meant a kid would suffer the beingness of 1 genitor entirely. Often successful cases similar this, custody went to the genitor who near with their children first.

Under the aged sole custody system, lone 1 genitor held ineligible rights aft separation. That meant - careless of their narration with the kid - the different genitor could beryllium forced to vanish from their life, unless the genitor with custody grants them access.

But things look acceptable to change. Japan is redefining what "family" looks similar aft a separation.

On 1 April, 2026, a landmark revision to Japan's Civil Code took effect, allowing divorced couples to stock custody of their children. Before parliament approved the amendment successful 2024, Japan was the lone G7 state that did not recognise the ineligible conception of associated custody.

"It ever shocked maine that each clip I talk to lawyers successful the US and the UK, they accidental that it's not astir triumph oregon lose," recalled Seiya Saito, a household lawyer astatine Setagaya International Law Office based successful Tokyo. "It's conscionable focusing connected the champion involvement of children."

Deng remembers the nonstop infinitesimal helium realised helium mislaid the kids. "I felt helpless — bittersweet and besides aggravated astir the strategy that is allowing that to happen," helium said quietly. "They mean the satellite to me."

Now, Deng says helium has nary prime but to cling onto immoderate accidental helium gets. He maintains 2 residences, 1 successful Tokyo and the different an hr away, person to wherever his children live.

Even so, helium is lone allowed a fewer hours of supervised clip each month, with nary interaction successful between.

He says his erstwhile spouse stopped allowing his girl to pass with him by phone. That means the lack is not lone felt physically, missing birthdays, schoolhouse recitals, and holidays similar Father's Day, but besides emotionally.

"I conscionable consciousness truthful empty," helium said, holding backmost tears. "I deliberation it's the kids' rights to talk to their parents, some parents, anytime they consciousness they request to oregon privation to and that's not happening astatine the moment."

The alteration successful custody instrumentality offers immoderate anticipation for parents similar Deng who consciousness they person been chopped disconnected from their children.

It marks 1 of the astir important changes to Japan's household instrumentality successful decades.

According to Japan's Ministry of Health, Labor and Welfare, astir 38.5% of marriages successful Japan ended successful divorcement successful 2024 - the astir caller twelvemonth we person statistic for. That's astir 1 successful 3 couples.

That year, women kept custody successful much than 86% of cases, portion shared custody arrangements accounted for lone a fraction of each agreements reached. In total, crossed Japan, determination were much than 164,000 children nether the property of 18 who had divorced parents and were impacted by custody arrangements that year.

The caller instrumentality recognises that children tin often payment from maintaining relationships with some parents, portion helping administer parental work much evenly.

"I'm 100% definite it's a bully alteration to our society, particularly for the children," Saito said.

"For those who are already amicable, and tin marque decisions together, it's precise bully for them to person an enactment to take associated custody. I deliberation it's a large measurement forward."

The alteration besides comes arsenic Japan faces a declining birthrate and a rapidly aging population. The demographic inclination has intensified calls for the authorities to enactment families amended and trim the fiscal load for azygous parents.

While the caller instrumentality brings Japan much successful enactment with its planetary peers and gives parents similar Deng an accidental to reunite with their children, it besides raises superior concerns.

Critics pass that associated custody could enactment victims and survivors of home unit and maltreatment successful bigger danger, oregon unit continuing oregon renewing interaction with abusive partners.

"There is simply a hazard that those suffering from home unit oregon kid maltreatment whitethorn beryllium incapable to escape," said Chisato Kitanaka, co-head of All Japan Women's Shelter Network.

She runs the non-profit and warns parents to afloat recognize the implications of associated custody arrangements successful Japan, peculiarly successful cases involving information concerns.

For immoderate families, shared custody raises deep, idiosyncratic fears.

Taro Suzuki whitethorn present beryllium 18, which means helium is nary longer nether his parents' guardianship. But helium says watching his parent Ryo endure years of maltreatment astatine the hands of his begetter has near him traumatised. Both their names person been changed for safety.

"I privation I didn't beryllium successful this world. I adjacent privation my parent and begetter had ne'er met, and I had ne'er been born," Taro said. "I truly deliberation this is simply a instrumentality that shouldn't exist."

Ryo - who describes incidents successful which her ex-husband would choke her against a wall, dangling successful mid-air, and being dragged on by her hairsbreadth - is besides worried.

"It's truly scary. When I got sole custody, I utilized to think, 'It'll beryllium good from present connected out,' but present there's the anticipation that we mightiness beryllium tied together," Ryo said.

She fears it whitethorn let her ex-husband to reapply for associated custody of their 15-year-old daughter, pulling them backmost into contact.

"I truly bash deliberation it's a problem. I'll person to unrecorded with that anxiousness until my girl becomes an adult."

However, determination are ineligible protections successful spot for cases wherever determination is hazard of maltreatment oregon harm to a child's carnal oregon intelligence well-being.

"If the tribunal is convinced that determination are home unit issues earlier the separation, earlier divorce, past the tribunal indispensable take sole custody," Saito explained.

Still, immoderate survivors similar Ryo interest household courts successful Japan volition necessitate hard evidence, and she is not convinced the courts volition get each the cases right. She says successful her experience, determination were hardly ever carnal signs of maltreatment due to the fact that her ex-husband was cautious astir leaving marks.

For now, the instrumentality sits successful the mediate of a delicate balance, betwixt protecting susceptible parents and preserving a child's narration with both.

Back astatine the neighbourhood park, Deng is hopeful the caller instrumentality whitethorn let him to erstwhile again beryllium portion of his children's mundane lives.

"The information that they're not physically present with maine conscionable makes maine consciousness sad," helium said. "It's thing that nary genitor should face."