How does child custody after divorce work in Japan? There is no joint custody after divorce under Japanese laws. If the couple cannot reach an agreement, the court will decide which one of the parents will have the custody. We have written extensively on the topic of Japanese family law. Each year, around 150,000 children in Japan lose access to one of their parents after a divorce. Under Japanese law, if either the husband or the wife is a Japanese national who has their habitual residence in Japan, their divorce shall be governed by Japanese law (Article 27 of Act on General Rules for Application of Laws (“AGRAL”)). So are Japanese ladies equivalent to Izumi.Japan’s Ministry of Justice has argued that the present custody guidelines are designed in the very best pursuits of youngsters. Parents who are part of a Japanese divorce have little legal recourse to appeal decisions. Yet my story is just one of many. Once again, it is a matter of designating the person who will have the right of custody. Again, if the parents can not agree, the Family Court grants custody to … We work with counsel in Japan whenever appropriate. Custody/Parental Rights If the couple has children under 20 years old, they must decide which one of them will have the custody/parental rights of the children after divorce. • Reform Article 819 of the Civil Code of Japan, to give the father and mother shared custody of an acknowledged child born out of wedlock, rather than just the mother, as is the case under current law. Article 766 of the Japanese Civil Code allows divorced parents to decide, by agreement, on the right to custody. Japanese Custody Law - It's a Mom's World I wrote recently about the consequences to parents around the world of Japan's refusal to sign the Hague Convention on the Civil Aspects of International Child Abduction. Shared custody is not recognized. ... Parental authority includes both legal and physical custody. In consideration of the similarities to post-divorce situations, existing articles of the Civil Code should apply to … The Law Office of Jeremy D. Morley is extremely experienced in handling international family law matters concerning Japan. Essentially, that means that any Japanese parent anywhere in the world can kidnap his/her child and return to Japan. When marriages finish badly, it’s much less unsettling for kids to be raised by a single mum or dad, officers contend.Challenges are also brewing exterior Japan. We have represented very many clients, both Japanese and non-Japanese, in international divorce and custody cases that concern Japan.