Landmark legislation in Japan has enabled separating parents to be jointly responsible in custody proceedings, in a move which is set to benefit UK divorce cases with an international element involving the country.
Until the change, Japan was the only G7 country that did not recognise the legal concept of joint custody. The amendment now legally recognises joint custody in a court of law.
The issue only arose where proceedings ended up in court. Historically, divorcing couples in Japan were free to decide custody and visitation arrangements in any out of court settlement. However, if they went to court custody would only be awarded to one parent, typically the mother, who had power to cut off the other parent’s access to their children. Under the new law, a family court can decide whether to grant sole or joint custody to divorcing couples.
The move provides a timely reminder of the importance of the welfare of the child, said Ashley Le-Core, partner at Stowe Family Law. “The changes made in Japan to legally recognise joint custody when parents separate means that children will have equal opportunity to spend time with both parents after family breakdown,” he explained.
“This is similar attitude to the one we have in England and Wales, where it is generally (excluding in cases where there are safeguarding concerns) in the child’s best interests to have a relationship with both parents after separation and divorce.”
The decision will have a positive impact on cases of parental abduction, particularly where one partner is Japanese and the other isn’t, Le-Core added. “In UK divorce cases where there is an international element involving Japan, for example one or both parents are Japanese nationals, this could make a significant difference: child arrangements made here may be better received in Japan, and it is hoped that it may then be easier to transfer children between countries, but only time will tell.
“It is further hoped that this change will also prevent cases of child abduction into Japan, to combat the recent allegations of some foreign nationals with Japanese ex-spouses.”
The amendment enables the revision of all previous decisions under the old law and also mandates child support payments of 20,000 yen, the equivalent of £95, from their former spouse every month. It also provides for sole custody in cases of domestic abuse; a debate which is currently playing out in England and Wales following confirmation plans to repeal the presumption of parental involvement will be included in the Courts and Tribunal Bill.
