Japan allows divorced couples to negotiate joint child custody
Change
Japan allowed divorced couples to negotiate joint custody of their children effective April 1, 2026, and enabled parents to petition family courts to modify existing sole-custody agreements.
Why it matters
The amendment requires parents to respect each other’s positions and cooperate on child-rearing, creating a legal expectation of shared decision-making after divorce. Family courts are given explicit authority to revisit finalized sole-custody rulings when a parent petitions, expanding judicial review avenues.
Implications
- • Japanese family courts must accept and adjudicate petitions seeking to convert finalized sole-custody rulings into joint custody under the amended Civil Code.
- • Family law practitioners in Japan must update client counselling, filings, and negotiation strategies to incorporate the new joint-custody negotiation and petition procedures.
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