How Japan’s new shared custody law affects migrant lives

Dubai: Japan has introduced a major reform to its family law, allowing divorced couples to share custody of their children for the first time. The amendment to its Civil Code, which took effect starting this April, has marked a step away from the system that granted custody to only one parent after divorce.

Previously, Japan has been the only G7 country that did not recognise joint custody. Under the new law, family courts can decide whether custody should be shared or granted to a single parent, depending on the circumstances of each case.

The reform has followed years of criticism on how the sole custody system contributed to broken family ties, with many parents losing relationships with their children after divorce.

What the new rules mean

With the revised Civil Code in place, courts now have the authority to grant joint custody, allowing both parents to remain involved in raising their children.

At the same time, safeguards remain in place. Sole custody will still be granted in cases involving domestic violence or abuse, ensuring that the child’s safety remains a priority.

Moreover, the reform has allowed parents who divorced under the old system to seek a review of their custody arrangements through family courts.

Additionally, child support has been mandated, with the law requiring the non-custodial parent to provide monthly financial support of ¥20,000 to help cover the child’s living expenses.

An impact on Filipino families

The recent development has been presented to the Commission on Filipinos Overseas (CFO) during a Japanese delegation visit to the Philippines on March 26.

According to Japan Federation of Bar Associations (JFBA) representative Keiko Kato, Filipinos are among those most affected by the changes in Japan’s family laws, especially when marriages end.

“Navigating the new legal landscape remains a massive hurdle for Filipinos due to severe language barriers among local Japanese lawyers,” said Kato.

At present, the Filipino community has extended beyond overseas workers to permanent residents, second-generation youth, and families formed through international marriages. The Philippine government has estimated that over 300,000 Filipinos are living in Japan.

Stricter environment for foreign residents

Meanwhile, the delegation has noted that the custody reform comes at a time when Japan is also tightening regulations affecting foreign residents.

“Foreign residents will face closer scrutiny regarding tax, insurance, and financial compliance, as well as tougher permanent residency requirements. Japanese language proficiency may also be required for visa renewals and extensions,” explained JFBA.

Failure to meet these requirements could lead to serious consequences, including deportation or bans on re-entry.

Efforts to support migrants

For its part, CFO has proposed closer cooperation with JFBA to provide Filipinos with better access to necessary assistance.

“The proposed memorandum of understanding will cover direct legal assistance for Filipino migrants in Japan, joint information campaigns on legal rights, and continuous curriculum updates to the CFO's pre-departure orientation seminar and guidance and counselling program modules,” stated the agency.

On the other hand, JFBA has expressed openness to the proposal, although final approval is still pending from its headquarters.

As the new system runs, foreign communities have been set to navigate legal, linguistic, and regulatory challenges. Its true impact will depend on how effectively the move will balance parental rights with the best interests of the child.