Australia latest to pressure Japan over custody law as activists call for ‘meaningful change’

Australian media have reported that 82 Australian children have been recognised as abducted by their Japanese parent since 2004

The Japanese Civil Code grants a single parent – almost always the Japanese guardian in an international marriage – sole custody after a divorce

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Australia has urged Japan to introduce a joint custody system that guarantees both parents access to a child after a divorce. Japanese law grants a single parent – often the Japanese guardian in an international marriage – sole custody after a divorce. File photo: Shutterstock

Published: 3:00pm, 2 Apr 2023Updated: 2:38pm, 3 Apr 2023

After seeing dozens of Australian families torn apart by Japan’s notorious child custody laws, Canberra last month called on Tokyo to introduce a joint custody system that guarantees both parents access to a child after a divorce.

Australia’s initiative follows similar efforts by the United States, the European Union and individual countries in Europe and elsewhere to encourage Japan to alter the law to enable foreign ex-spouses of Japanese nationals to see their children.

The Japanese Civil Code grants a single parent – almost always the Japanese guardian in an international marriage – sole custody after a divorce.

Australian media have reported that 82 Australian children have been recognised as abducted by their Japanese parent since 2004. Hundreds of children from other countries have been similarly affected. And despite Interpol missing persons notices and even international arrest warrants being issued by those nations, Japanese police and courts have consistently failed to act, typically claiming they are unable to intervene in “family affairs”.

After 18 months of reportedly heated debate, a panel from the Japanese Justice Ministry in November released a draft proposal on permitting joint custody of children and asked for public comment. A final proposal is due in the coming months and will be debated in the Diet.

And while the discussions and plans to revise the law have been broadly welcomed, some activists who have been campaigning to see their children for many years caution the potential legislative change may not be what foreign governments perceive it to be.

I fear there is a risk the Japanese government will not meaningfully change the current system

Yasuyuki Watanabe, Tama University

Australia has offered to work with Japanese authorities to share details of Australia’s family laws, which is consistent with the United Nations Convention on the Rights of the Child. Japan is a signatory to the convention but critics claim it fails to apply the statutes. The UN Human Rights Committee last year rebuked Japan for its shortcomings on child custody.

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