Japan adopted a significant reform of the Civil Code on Wednesday, allowing for joint custody after divorce for the first time since 1947, thus becoming the last G7 country to implement this measure.
The legislative change gives divorced couples the option to choose between sole custody and joint custody, in contrast to the previous system that granted parental authority to only one parent. This change was driven by international pressures related to parental abduction cases, especially in situations where a Japanese parent prevents contact between their children and the foreign parent.
The new legislation also includes a mandatory maintenance system, set at a minimum of 20,000 yen (approximately 110 euros) per month for each child, and allows family courts to order wage garnishment in cases of parents who do not comply with these payments.
In case of disagreements, a family court will decide the most suitable arrangement for the minor, and in cases of gender-based violence, sole custody will be granted to the affected parent. Both parents must reach a consensus regarding important decisions related to the minor's life, although the new provisions do not guarantee equal cohabitation with the child.
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