Japan to introduce joint child custody system in April 2026

A system of statutory child support, which mandates fixed payments in cases where no child support agreement exists at the time of divorce, will also be introduced on the same date.

The new systems are intended to stabilize the livelihoods of children after their parents' divorce.

Parents will have the choice between joint or sole custody. If they fail to reach an agreement, the decision will be made by a family court. The court will grant sole custody if domestic violence or abuse is suspected.

The joint custody system will require the consent of both parents on important decisions concerning their children, such as school enrollment or relocation.

Even if a person is granted sole custody in a divorce before the revised code takes effect, it will be possible to petition for joint custody.

Statutory child support will be defined as standard expenses required to maintain the minimum level of living for a child and can be claimed provisionally even if there is no agreement between divorced parents.

A proposed ministerial ordinance calls for a statutory child support payment of 20,000 yen per month per child, but the amount is still under review.

The payment obligation will not apply to couples who were divorced before the revised code's enforcement.

Also on April 1, 2026, the government will introduce a scheme under which divorced individuals living together with their children will be given a right to seize on a priority basis assets of their ex-spouses who fail to pay child-rearing expenses, with a limit of 80,000 yen per child per month.