JAPAN Trends and Developments Contributed by: Kenji Yano, Tokyo Kokusai Partners Law Office
the respective rights and duties of the parent holding parental authority and the designated custodian. The 2026 Amended Civil Code clarifies that, where a custodian is designated, that custodian may exer ‑ cise the custody and education powers independently (Article 824-3). It further provides that the other parent may not interfere with the custodian’s actions (Article 824-3 (2)). This makes it possible to clearly desig ‑ nate the person responsible for the day-to-day care and education of the child, even under joint parental authority. Optional joint parental authority after divorce (2026 Amended Civil Code, Article 819) Determination of the parent holding parental authority Under the current Civil Code, only one parent may hold parental authority after divorce (Article 819 (1), (2)). The 2026 Amended Civil Code allows the parents, by agreement, to designate either one parent or both parents as holders of parental authority after divorce. If agreement cannot be reached, or in cases of judi ‑ cial divorce, the Family Court will determine whether parental authority should be sole or joint, based on the best interests of the child. Factors for determining sole or joint parental authority In deciding whether parental authority should be sole or joint, the Family Court must consider the following factors (2026 Amended Civil Code, Article 819 (7)). • The relationship between each parent and the child (including the manner in which parental authority was exercised in the past; whether due considera ‑ tion was given to the child’s best interests; the child’s feelings toward each parent; and the child’s views regarding the future exercise of parental authority). • The relationship between the parents (including the manner in which parental authority and custody were exercised during cohabitation and after sepa ‑ ration; the status of parent–child contact following separation; and the extent of communication and co-ordination between the parents).
• All other relevant circumstances. Cases requiring sole parental authority
The reform does not introduce a presumption in favour of joint parental authority. Instead, it adopts a discre ‑ tionary model requiring the court to assess whether joint decision-making can realistically function and whether it is consistent with the child’s welfare. The 2026 Amended Civil Code expressly provides that the court must designate only one parent as the holder of parental authority if joint parental authority would harm the child’s interests (Article 819 (7)). This may apply, for example, where: • either parent poses a risk of harm to the child’s physical or mental well-being; or • violence or other circumstances make the joint exercise of parental authority impracticable. Change of parental authority The amended law permits: • a change from sole parental authority of one parent to sole parental authority of the other; • a change from joint to sole parental authority; or • a change from sole to joint parental authority. In particular, where parental authority was determined in a divorce by agreement under inappropriate circum ‑ stances (eg, involving domestic violence), the Family Court must consider the process of parental discus ‑ sions and other relevant circumstances when decid ‑ ing on an application for change (2026 Amended Civil Code, Article 819 (8)). The same factors set out above under Factors for determining sole or joint parental authority apply in determining the new parental authority arrangement. Methods of exercising parental authority: joint and sole exercise (2026 Amended Civil Code, Article 824-2) Background Under the former Civil Code, parents exercised paren ‑ tal authority jointly during marriage, but the scope of permissible sole exercise was unclear, and there was no statutory mechanism for resolving parental disa ‑
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