Overview
Joint custody means both parents exercise parental authority after divorce. Japan, which had required sole custody since 1947, amended its Civil Code in 2024 to allow joint custody from April 1, 2026.
📌 At a glance
- Japan
- From April 1, 2026
- Korea
- Civil Act Art. 909(4)
- Standard
- Best interests of the child
Japan’s reform
- Parents choose joint or sole custody; courts decide if they disagree.
- Sole custody is mandatory where abuse or DV is feared.
- Daily matters and emergencies can be decided by one parent.
- Statutory child support is available even without agreement.
- Improved parent–child contact, including trial visits and grandparents.
The debate was fierce. Supporters stressed children’s ties to both parents; critics feared continued contact with abusers.
Korea
Joint authority is legally possible by agreement but rare in practice.
Comparison
| Country | Rule |
|---|---|
| US | Joint legal/physical custody widely recognized by state law |
| China | Civil Code Art. 1084: both parents retain duties |
Frequently asked questions
- Must the child live in two homes?
- No—authority and residence are separate.
- Can pre-2026 divorces switch?
- Yes, by court application.
- International couples?
- Applicable law varies; seek advice.
References
- 法務省. (2024). 「民法等の一部を改正する法律」(令和6年法律第33号) の概要.
- 法務省. 「父母の離婚後の子の養育に関するルールが改正されました」(パンフレット).
- 대한민국 「민법」 제909조 제4항, 제837조, 제837조의2.
- 《中华人民共和国民法典》第1084条、第1085条、第1086条.