Settling the matter of child custody in a divorce can be one of the stickiest subjects that a family needs to resolve. At issue or some of the central issues of your child’s life, such as who makes decisions regarding their education, religion, and what they can and cannot do. Also at stake is the central question of where the child will live, and what visitation rights will be granted.

Child custody in a divorce is a complicated issue in the area of family law. We’ll be adding some additional resources for you here soon, but in the meantime, we hope you’ll find some of the provided links to be useful!

Although it has historical roots in the ancient Chinese and other legal systems, contemporary Japanese Law is a civil law (as opposed to common law) system similar to that of France or Germany.

The Six Codes of Japanese Law

The core of Japanese statutory law is composed of the so-called “Six Codes” (?? ropp?). The six codes consist of:

1. the Civil Code (?? Minp?, 1896)
2. the Code of Civil Procedure (????? Minji-sosh?-h?, 1996)
3. the Penal Code (?? Keih?, 1907)
4. the Commercial Code (?? Sh?h?, 1899)
5. the Code of Criminal Procedure (????? Keiji-sosh?-h?, 1948)
6. the Constitution of Japan (????? Nippon-koku-kenp?, 1946)

Family Law in Japan

Japan’s family law system has been the source of some international controversy. Under Japanese family law, joint child custody terminates together with the marriage. If the husband and wife cannot agree upon child custody as part of an amicable divorce resolution, it will fall the Japan’s family law courts (the ????? Katei Saibansho) to determine custody of the child. The Katei Saibansho are thought to show a strong preference to granting custody to the mother.

Divorce

Japan law distinguishes between four types of divorce, each with varying repercussions:

• Kyogi Rikon: Divorce by mutual agreement
• Chotei Rikon: Amicable agreement cannot be reached, divorce through mediation in a family court
• Shinpan Rikon: Amicable agreement cannot be reached, mediation fails, divorce through decision of the family court
• Saiban Rikon: All options including family court fail, the case then moves to a district court for a decision.

Japan Law Resources

University of Hawaii Paper on Child Custody and Visitation in Japan
English translation of Japanese Civil Code