Is it possible to have joint custody of children after a divorce in Japan?
Unlike many other developed countries, there is no joint custody in Japan for children of divorced parents. Japanese courts used to subscribe to the unfortunate idea that children were better off not having contact with the non-custodial parent. Although this attitude is changing slowly, no statute or case law provides for a system of joint custody and there is no place on a Japanese divorce application to request joint custody.
However, recognizing the inherent unfairness of granting sole custody to one parent, courts have created through case law a type of visitation (面接交渉権 mensetsu koushouken) that is sometimes applied to keep both parents involved in their child’s life. Of course divorcing couples are also free to agree to their own visitation arraignments which can then be put into writing to give them legal force.
Is it possible to create an official court approved visitation schedule for children after a divorce?
There is no space on a divorce by agreement application to assign visitation rights. Instead, upon filing for divorce, a mother and father may sign a notarized agreement that lays out a visitation schedule. However, the enforcement of such an agreement can be difficult as police are reluctance to get involved and there is often not much incentive for either party to refrain from breaking the agreement.
Furthermore, when visitation rights are granted by a judge in Japan, they tend to be on a much smaller scale than the visitation schedules that are granted in the United States and other countries. Very few recorded visitation schedules include overnight stays with the non-custodial parent with day visits of a few hours being more common. A large majority of visitation in Japan takes place on a frequency of “once a month or greater.”
If you have any questions about visitation in Japan please contact our office for a legal consultation.
Is it possible to have a court decide child support payments in a divorce?
The Japanese Family Court encourages mutual agreement between parents of a child in terms of the payment of child support. However, the court is also vested with the power to make child support orders in situations where the parents cannot agree. The amount of child support will be determined by a formula based upon the needs of the custodial parent, the financial assets of the non-custodial parent and any other related circumstances. Since child custody in Japan is always granted as sole custody to one parent, the calculation does not need to consider balancing the burden of child care between parents since one parent will take care of the child 100% of the time, while the other parent will be providing financial support 100% of the time.
Ideally, the child support payment should be paid once per month on a date set by the parents. However, many divorces are concluded without making arraignments for child support and many custodial parents do not collect anything from the other parent. Some parents see the lack of child support payments as a trade-off for no visitation rights. Unfortunately, in many cases this can put an unfair and unreasonable burden on the custodial parent to assume full financial responsibility for raising the child. When possible, both parents should try to make economic contributions to the child’s welfare.
If you have any questions about child support in Japan please contact our office for a legal consultation:
0120-17-8054 (within Japan)
81-6-6313-1208 (from overseas)