Calls are mounting that Japan allow for joint custody of children after the divorce or separation of their parents — as opposed to awarding sole custody to either parent, which is currently the only option under the Civil Code. The Justice Ministry has launched a study group comprising experts and relevant officials to look into the matter. Last month, a group of people who lost custody of their children through divorce or separation from their spouses filed a lawsuit seeking damage from the government for being denied the right to raise their children due to the lack of a joint custody system.
In a set of recommendations in February, the United Nations Committee on the Rights of the Child urged Japan to take legislative steps to allow for shared custody of children after divorce, including for foreign parents, and "ensure that the right of the child to maintain personal relations and direct contact with his or her non-resident parent can be exercised only a regular basis."
There are pros and cons in Japan about introducing joint custody, which is prevalent in Europe and North America. Discussions on the matter should proceed in ways that put priority on protecting the interests and welfare of the children involved.
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