November 26, 2022

Akahata editorial (excerpts)

A family-law advisory panel to the justice minister drew up a tentative proposal on November 15 which allows an option of "joint physical and legal custody".

At present, the Civil Code stipulates joint custody for married couples and solo custody for divorced couples.

Some speak for joint custody of children after divorce on the grounds that parents should be responsible for raising their children, and some voice opposition to or concern about joint custody because of the possibility that domestic violence and abuse may continue. Major concerns include anything that may bring disadvantages to children. For example, a separated parent claims the right to contact with a child against the child’s will; and opinions are split on important matters such as the child's education, job, surgery, and medical treatment.

"Custody" is parental authority. The term implies that parents have the right to control their children. In fact, Article 818 of the Civil Code states, "A child who has not attained the age of majority shall be subject to the parental authority of his/her parents." This stipulation, however, is a remnant from the days of patriarchy under the prewar civil law.

The Japanese Communist Party, from a perspective of protecting children's rights, calls for a review of the current "custody" system as well as for amendments to the Civil Code. A perception that children are the personal property of their parents still remains in Japan. The need is for the government to hold thorough discussions, not proceed hastily with the introduction of joint custody, in order to ensure children's rights so that they can grow up in a safer and secure environment.