JAPAN Trends and Developments Contributed by: Kenji Yano, Tokyo Kokusai Partners Law Office
of custody” under the Hague Convention may vary depending on the individual circumstances – for example, where a custodian has been designated or where a specific matter has been allocated to one par ‑ ent. In practice, it is advisable to clarify as precisely as possible, in agreements or court orders, the allocation of authority concerning residence and relocation. In this way, the introduction of optional joint parental authority after divorce significantly alters the interface between Japanese law and the Hague Child Abduc ‑ tion Convention, and gives rise to situations requiring careful consideration in practice. Strengthening of Child Support Enforcement Shift toward enforcement-oriented reform In Japan, particularly in cases of divorce by agreement, it has long been recognised as a significant issue that child support arrangements are often not made, or, even where agreed, are not effectively enforced. Accordingly, the 2026 reform seeks to strengthen the institutional framework supporting child support claims and to ensure their effective enforcement, with the child’s best interests as its central objective. Statutory child support The reform introduces statutory child support (Article 766-3), which arises by operation of law even in the absence of an agreement at the time of divorce. This represents a normative shift: child support is no longer solely dependent on negotiation but is partially insti ‑ tutionalised as a statutory entitlement. • Amount: to be specified by ministerial ordinance (JPY20,000 per child per month). • Significance: this constitutes a provisional and minimum entitlement pending agreement between the parties or judicial determination of a specific amount. However, because it arises automatically even in the absence of any arrangement, it func ‑ tions as a safety net to bridge any interim gap. Statutory lien Child support claims (including statutory child sup ‑ port) are granted a general statutory lien (Amended Civil Code, Article 308-2).
• Scope: to be specified by ordinance (JPY80,000 per child per month). • Effect: as a result, even in the absence of an enforceable title such as a notarised deed or court judgment, it becomes possible to initiate enforce ‑ ment of the statutory security right and obtain priority recovery of a portion of future child support The reform introduces income disclosure orders in Family Court proceedings (Amended Domestic Rela ‑ tions Case Procedure Act, Article 152-2; Amended Personal Status Litigation Act, Article 34-3). Reform of Parent–Child Contact from the obligor’s assets. Income disclosure orders Even after the parents’ separation or divorce, it is important, from the perspective of the child’s best interests, to ensure the child’s safety and well-being while maintaining appropriate parent–child contact. Trial contact The 2026 Amended Civil Code clarifies the frame ‑ work for implementing trial contact during pending proceedings (Amended Domestic Relations Case Pro ‑ cedure Act, Article 152-3; Amended Personal Status Litigation Act, Article 34-4). Trial contact is conducted on a provisional basis in order to assess the appropriate form of parent–child contact, with the manner and outcome of such con ‑ tact serving as evidentiary material for the court’s determination. Contact between the child and relatives other than parents Even after divorce, it may in some cases be desirable for the child to continue contact with grandparents or other relatives in an appropriate manner. The 2026 Amended Civil Code provides that, where particularly necessary for the child’s best interests, the court may order contact between the child and grandparents or other relatives. Under certain conditions, such rela ‑ tives may file a petition for adjudication (Article 766-2).
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