In Japan, divorce splits parents from children. Could a law change end sole custody?

Key developments are emerging from the global stage. In Japan, divorce splits parents from children. Could a law change end sole custody? 2 hours ago Share Save Add as preferred on GoogleKurumi MoriTokyo correspondentJiro Akiba/BBCIn Japan, until now only one parent held legal rights over the children after separationOn a weekday afternoon in Japan, John Deng stands near the playground, listening to other children play and laugh.

His own son and daughter are nowhere in sight. He longs for the ordinary moments he once shared with his children: taking them to the park, watching them wake up, and being part of their lives. Deng, not his real name, is originally from Hong Kong and has lived in Japan for the past 22 years.

The Details

It's where he built his life, met his former partner, and became a father to two children, an eight-year-old son and a 10-year-old daughter. But, he says, that life has come undone. His marriage fell apart, and his children were taken away by his ex-partner without warning.

His story is not unusual here. For decades, divorce in Japan often meant a child would lose the presence of one parent entirely. Often in cases like this, custody went to the parent who left with their children first.

Under the old sole custody system, only one parent held legal rights after separation. That meant - regardless of their relationship with the child - the other parent could be forced to disappear from their life, unless the parent with custody grants them access. But things look set to change.

What Experts Say

Japan is redefining what "family" looks like after a separation. On 1 April, 2026, a landmark revision to Japan's Civil Code took effect, allowing divorced couples to share custody of their children. Before parliament approved the amendment in 2024, Japan was the only G7 country that did not recognise the legal concept of joint custody.

"It always shocked me that every time I speak to lawyers in the US and the UK, they say that it's not about win or lose," recalled Seiya Saito, a family lawyer at Setagaya International Law Office based in Tokyo. "It's just focusing on the best interest of children. "Jiro Akiba/BBCA new revision to Japan's Civil Code allows divorced couples to share custodyDeng remembers the exact moment he realised he lost the kids.

"I felt helpless — sad and also angry about the system that is allowing that to happen," he said quietly. "They mean the world to me. "Now, Deng says he has no choice but to cling onto any opportunity he gets.

The story has become one of the most prominent items on the global agenda.