Session 01.3 Beyond Myths: The Realities of Japan's International Family Law Landscape - Joint custody, international Relocation, and Hague Abduction Convention
Tracks
Track 3: Room LG17
| Monday, July 28, 2025 |
| 10:30 AM - 12:00 PM |
| LG17 |
Overview
Panel Session
Moderator: Masami Kittaka
Panellists:
- Ayako Koga, Tokyo Keizai University, Japan
- Ryoko Minagawa, Otani & Partners, Japan
- Toshiteru Shibaike, Ko, Japan
Details
Overview
This panel will address common misconceptions regarding child custody and parental rights in Japan following divorce, particularly in the context of international marriages. Many people believe that in Japan, divorced fathers lose custody and are unable to maintain relationships with their children, and that children can be permanently removed from their custodial parents due to ineffective implementation of the Hague Abduction Convention. This panel will attempt to clarify these issues through expert insights from practitioners, researchers and clinical psychologists specializing in international family matters.
Objectives:
1. Examine Recent Legal Changes: With the 2024 amendment of the Civil Code introducing joint custody, we will discuss the consequences of this shift, including probable challenges and its impact on migrants in Japan.
2. Address Cross-Border Child Relocation: We will explore the harmful effects of child abduction across borders, including abrupt changes in a child's living environment and loss of contact with one parent. The need for preventive measures will be emphasized, particularly for Japanese women living overseas who face domestic violence and lack legal or psychological support.
3. Analyze Case Studies: Present testimonies from people who have returned to Japan with their children, highlighting the legal and psychological support required through such transitions.
Exploring the Impact of the Hague Abduction Convention: This session will focus on the practical implementation of the Hague Convention in Japan, examining recent legislative updates and assessing the effectiveness of its enforcement over the past decades. Experts will provide insights into how the Convention functions as a vital mechanism for facilitating the return of children to their habitual residence.
Conclusion:
By fostering a comprehensive understanding of Japan’s evolving family law landscape, we aim to dispel myths, promote informed discussions, and identify areas for improvement in legal and psychological support for families affected by divorce and child relocation.
Objectives:
1. Examine Recent Legal Changes: With the 2024 amendment of the Civil Code introducing joint custody, we will discuss the consequences of this shift, including probable challenges and its impact on migrants in Japan.
2. Address Cross-Border Child Relocation: We will explore the harmful effects of child abduction across borders, including abrupt changes in a child's living environment and loss of contact with one parent. The need for preventive measures will be emphasized, particularly for Japanese women living overseas who face domestic violence and lack legal or psychological support.
3. Analyze Case Studies: Present testimonies from people who have returned to Japan with their children, highlighting the legal and psychological support required through such transitions.
Exploring the Impact of the Hague Abduction Convention: This session will focus on the practical implementation of the Hague Convention in Japan, examining recent legislative updates and assessing the effectiveness of its enforcement over the past decades. Experts will provide insights into how the Convention functions as a vital mechanism for facilitating the return of children to their habitual residence.
Conclusion:
By fostering a comprehensive understanding of Japan’s evolving family law landscape, we aim to dispel myths, promote informed discussions, and identify areas for improvement in legal and psychological support for families affected by divorce and child relocation.
Speaker
Ms. Masami Kittaka
Otani & Partners
Beyond Myths: The Realities of Japan's International Family Law Landscape - Joint custody, International Relocation, and Hague Abduction Convention-
Biography
Admitted to Tokyo Bar Association since 2009. A fellow of the International Academy of Family Lawyers (IAFL) and a secretariat of the Committee on Family Law and Legislation of the Japan Federation of Bar Association. The author of a chapter on Japan in Thomson Reuters’s “Family Global Guide.”
Ms. Ayako Koga
Associate Professor
Tokyo Keizai University
Introduction of Joint Custody after Divorce in Japan : Considering the Impact on the Interests of the Child and Family Dynamics after Parental Divorce
Abstract
This presentation examines the 2024 amendments to Japan‘s Civil Code of Japan, focusing on the introduction of joint custody after divorce. It covers the intense controversies surrounding the amendments, including the likely impact on post-divorce relocation. As background, I consider the dynamics of divorced families and children that are characteristic of Japan. These studies are intended to provide a basis for addressing the issues of migrant mothers and children.
Japan’s Civil Code, in place since 1947, is undergoing its first major revision in 77 years regarding child custody, with the biggest change being the introduction of joint custody after divorce. The current code does not allow shared custody between divorced parents, granting it exclusively to one parent, in practice mostly mothers. The revised law will be enacted by May 2026 and will allow joint custody for divorced parents. It aims to promote the child’s interests and accordingly states that the court must decide on sole custody if the child’s interests would be harmed by granting custody to both parents.
However, the implementation of the amendment remains controversial. One of the most serious concerns is that the new system will fail to screen out victims of domestic violence and abuse from the implementation of joint custody, putting them at risk. Another strong objection is that joint custody will effectively give the non-resident parent a veto over important decisions regarding the child such as education and relocation, thereby harming the child’s interests, especially in cases of high conflict.
In order to understand why the introduction of joint custody, which is common worldwide, is so controversial, I consider the realities of divorced families and children in Japan from a legal and socio-cultural perspective. These are the essential prerequisites for examining the international family cases in which Japan is involved.
Japan’s Civil Code, in place since 1947, is undergoing its first major revision in 77 years regarding child custody, with the biggest change being the introduction of joint custody after divorce. The current code does not allow shared custody between divorced parents, granting it exclusively to one parent, in practice mostly mothers. The revised law will be enacted by May 2026 and will allow joint custody for divorced parents. It aims to promote the child’s interests and accordingly states that the court must decide on sole custody if the child’s interests would be harmed by granting custody to both parents.
However, the implementation of the amendment remains controversial. One of the most serious concerns is that the new system will fail to screen out victims of domestic violence and abuse from the implementation of joint custody, putting them at risk. Another strong objection is that joint custody will effectively give the non-resident parent a veto over important decisions regarding the child such as education and relocation, thereby harming the child’s interests, especially in cases of high conflict.
In order to understand why the introduction of joint custody, which is common worldwide, is so controversial, I consider the realities of divorced families and children in Japan from a legal and socio-cultural perspective. These are the essential prerequisites for examining the international family cases in which Japan is involved.
Biography
Ayako Koga is an associate professor at the Faculty of Contemporary Law, Tokyo Keizai University, Japan until March 2025. In April 2025, she is to transfer to the Faculty of Law, Kokugakuin University, Japan. She holds LLM from the Graduate School of Keio University.
She specialises in family law and has conducted research with a special interest in the issues of interests of children that arise against the background of the increasing fluidity and complexity of family relationships in contemporary society.
In addition to hermeneutic and sociological approaches to law, her research methods include ongoing engagement in comparative legal research on child custody legislation mainly in Australia and the UK, with a particular focus on the latest developments in post-separation co-parenting legislation.
Ms Ryoko Minagawa
Otani & Partners
Shift to Post-Divorce Joint Custody: Potential Challenges and Impacts on Migrants in Japan
Abstract
In 2024, the bill to amend the Civil Code of Japan passed, and the revised law will come into effect in two years. The amendment will introduce joint custody after divorce. This presentation analyses potential challenges and impacts of the recent amendment on migrants in Japan, with particular focus on relocation and immigration status.
First, this study examines who, out of those in international marriages, are likely to be affected by the introduction of post-divorce joint custody. Families with international backgrounds in Japan may have overreacted when they knew the amendment. The accurate understanding of the potential application of the amended Civil Code needs to be legally analysed to avoid the misconceptions. In conclusion, the nationality of the child is a key factor in determining the application of the new law to international families in Japan.
The amendment was controversial, in particular, from the perspective of how the victims of domestic violence could be protected. This is indeed serious when it comes to international couples with a Japanese spouse. This presentation addresses the vulnerabilities of migrant spouses in Japan, taking into account the structural perspective as well as the cultural perspective. Then, this also intends to present how the change of joint custody could impact on the relocation after divorce.
The immigration status is an essential basis for migrants to live in Japan. Among migrants who have Japanese spouse status, when custody is exclusively granted to a Japanese parent, they have sometimes faced a risk of keeping their immigration status. I touch on the potential influences of the new legal changes on their immigration status, which may lead to the shift of views to maintain the relationship with their children.
First, this study examines who, out of those in international marriages, are likely to be affected by the introduction of post-divorce joint custody. Families with international backgrounds in Japan may have overreacted when they knew the amendment. The accurate understanding of the potential application of the amended Civil Code needs to be legally analysed to avoid the misconceptions. In conclusion, the nationality of the child is a key factor in determining the application of the new law to international families in Japan.
The amendment was controversial, in particular, from the perspective of how the victims of domestic violence could be protected. This is indeed serious when it comes to international couples with a Japanese spouse. This presentation addresses the vulnerabilities of migrant spouses in Japan, taking into account the structural perspective as well as the cultural perspective. Then, this also intends to present how the change of joint custody could impact on the relocation after divorce.
The immigration status is an essential basis for migrants to live in Japan. Among migrants who have Japanese spouse status, when custody is exclusively granted to a Japanese parent, they have sometimes faced a risk of keeping their immigration status. I touch on the potential influences of the new legal changes on their immigration status, which may lead to the shift of views to maintain the relationship with their children.
Biography
Lawyer based in Tokyo.
Practice Area: family law (international family cases)/immigration law with particular fucus on vulnerable female migrants including domestic violence cases
Mr. Toshiteru Shibaike
Ko
Addressing the Challenges Faced by Japanese Mothers Living Abroad: With a Particular Focus on Preventing International Child Abduction
Abstract
This presentation examines the complex challenges faced by Japanese women who enter into international marriages and later confront the dissolution of these relationships while residing abroad. The intersection of diverse cultures often leads to heightened stress and conflict, particularly in cases involving differing nationalities, languages, and religions. When these marriages deteriorate, the process of separation and divorce becomes more intricate, especially for women with children.
This study examines the challenges faced by Japanese women who have married foreign nationals abroad and subsequently returned to Japan with their children, often following domestic violence or other marital difficulties. These women frequently find themselves entangled in international child abduction cases under the Hague Convention.
The aim of this presentation is to identify the support needs of these women before they return to Japan with their children. Through case studies, I explore the factors that lead Japanese women to relocate to Japan, the difficulties they encounter in their marriages, and the reasons for their return to Japan.
My findings reveal that these women often face significant barriers, including language barriers, cultural differences, and limited access to legal and social services in their host countries. These challenges are exacerbated by the complexities of international family law, particularly the Hague Convention.
To address these issues, I propose several recommendations. First, there is a need for increased awareness of the Hague Convention and international family law among Japanese women living abroad. Second, governments, non-profit organizations, legal professionals and clinical phycologists
should collaborate to provide comprehensive support services, including legal aid, counseling, and language assistance, to Japanese women in difficult marital situations. Finally, international cooperation is essential to ensure that the best interests of children are always considered in cross-border child abduction cases.
This study examines the challenges faced by Japanese women who have married foreign nationals abroad and subsequently returned to Japan with their children, often following domestic violence or other marital difficulties. These women frequently find themselves entangled in international child abduction cases under the Hague Convention.
The aim of this presentation is to identify the support needs of these women before they return to Japan with their children. Through case studies, I explore the factors that lead Japanese women to relocate to Japan, the difficulties they encounter in their marriages, and the reasons for their return to Japan.
My findings reveal that these women often face significant barriers, including language barriers, cultural differences, and limited access to legal and social services in their host countries. These challenges are exacerbated by the complexities of international family law, particularly the Hague Convention.
To address these issues, I propose several recommendations. First, there is a need for increased awareness of the Hague Convention and international family law among Japanese women living abroad. Second, governments, non-profit organizations, legal professionals and clinical phycologists
should collaborate to provide comprehensive support services, including legal aid, counseling, and language assistance, to Japanese women in difficult marital situations. Finally, international cooperation is essential to ensure that the best interests of children are always considered in cross-border child abduction cases.
Biography
Admitted to Tokyo Bar Association in 2002 and has extensive experience dealing with cross-border disputes, including international divorce, relocation and child abduction cases. Also provides professional counseling services including trauma therapy as a licensed clinical psychologist.
