Japan to Implement Joint Child Custody System and Statutory Child Support in 2026

Tokyo: The Japanese government has approved an ordinance to enforce the revised Civil Code, which will introduce a new joint child custody system for divorced parents starting April 1, 2023. This move aims to stabilize the livelihoods of children following their parents' divorce.

According to Philippines News Agency, the revised Civil Code will also introduce a statutory child support system. This mandates fixed payments in situations where no child support agreement exists at the time of divorce. These systems are designed to provide more security and clarity for children during and after the separation of their parents.

Parents will have the option to choose between joint or sole custody. If an agreement cannot be reached, a family court will intervene and make the decision. Sole custody will be granted in cases where domestic violence or abuse is suspected. The joint custody arrangement will require both parents to consent on significant decisions regarding their children, such as educational enrollment or relocation.

Even for those who are granted sole custody before the revised code comes into effect, there will be an opportunity to petition for joint custody. Statutory child support will cover the basic expenses necessary for a child's minimum standard of living and can be claimed provisionally if there is no agreement between divorced parents.

A proposed ministerial ordinance suggests a statutory child support payment of 20,000 yen (approximately PHP7,622) per month per child, though this amount remains under review. This payment obligation will not apply to couples divorced prior to the enforcement of the revised code.

Additionally, starting April 1, 2026, the government will implement a scheme allowing divorced individuals who live with their children to seize assets from ex-spouses who fail to pay child-rearing expenses. The asset seizure will have a limit of 80,000 yen (PHP30,490) per month per child.