There’s something about Japan’s family law system that might surprise you: until very recently, divorced parents generally couldn’t share legal custody of their children. The option for joint custody only became available in 2026. That’s only this year.
To appreciate how unusual that is, consider that Japan was the last G7 nation to introduce a joint-custody option for divorced parents. France has long allowed it. So have Canada and the United Kingdom. Japan, meanwhile, only just joined the club.
How did Japan go this long without it?
Under Japan’s old Civil Code, dating back to 1898, divorce meant exactly one parent walked away with full parental authority, usually the mother. The other parent had no legal standing whatsoever.
Japanese law didn’t just default to sole custody but required it. A government study from 2021 found that one in three children of divorced parents lost all contact with the non-custodial parent. That was less a loophole and more the logical outcome of a system that made one parent legally optional.
The situation drew criticism, particularly from foreign nationals who divorced Japanese spouses and watched helplessly as their children were taken back to Japan with no legal recourse. Cases like that of French national Vincent Fichot — who went on a hunger strike outside the Olympics to protest being cut off from his children — put a global spotlight on the issue.
So what changed?
In May 2024, Japan’s parliament passed a revision to the Civil Code that allows joint custody for divorced parents. Under the new framework, which took effect on April 1, 2026, parents can agree between themselves to pursue joint or sole custody. If they can’t agree, the case goes to family court, which then determines the arrangement based on the child’s best interests.
The law also introduced a statutory child support system, meaning a minimum level of financial support can now be claimed even without a formal agreement at the time of divorce — a significant change for a country where enforcement had historically been inconsistent.
It’s worth noting that joint custody under the new law isn’t entirely straightforward. Courts can still designate a custodial parent with primary decision-making authority, even when both parents technically share legal authority. As you can see, the details are still being worked out.
What does this mean for families in Washington State?
It’s a useful reminder of how much custody law varies, and how much the specifics matter.
Washington State has long recognized joint custody, and courts here typically encourage co-parenting when it’s safe and practical. But joint custody still means different things depending on the circumstances. There’s a difference between joint decision-making (both parents share decision-making) and shared residential time (the child spends substantial time with both parents). Those distinctions matter in various situations, primarily for school enrollment, medical decisions, travel, and more.
Washington courts weigh several factors when structuring parenting plans:
- The relationship with and involvement in the daily care of the child by each parent
- The child’s adjustment to home, school, and community
- Any history of domestic violence or abuse
- The ability of each parent to cooperate as well as support the child’s relationship with the other parent
No two parenting plans look exactly alike, and they shouldn’t. A plan that works for a family in Bellevue may be entirely wrong for a family in Tacoma with different schedules, schools, and dynamics.
A reminder as one country catches up
Japan’s legal shift is a reminder that custody rights are not some universal constant but the product of laws, cultural attitudes, and public policy decisions made by people in government offices.
For decades, millions of Japanese families navigated divorce without any real framework for shared parenting. Meanwhile, many parents in Washington State have options that parents elsewhere are still lobbying, campaigning, and arguing for.
It’s a useful reminder that family law isn’t inevitable. Someone made the rules. And every so often, a country realizes it might be time to rewrite them.
If you’re working through a custody arrangement — whether you’re just beginning the process or revisiting an existing plan — having experienced legal guidance makes a real difference. Our law experts at LaGrandeur & Williams will gladly assist families in Western Washington so that they know their rights and can agree on a practical parenting arrangement. Reach out to schedule a consultation.