Japan's joint custody reform highlights systemic gaps in domestic abuse protections
Original framing: “Fear and fairness: Japan’s joint custody reform sparks debate” — The Japan Times
Research shows that joint custody can be beneficial for children when both parents are capable and cooperative. However, studies also indicate that in cases of domestic abuse, joint custody can increase the risk of continued harm to the victim. Japan's reform lacks evidence-based safeguards to prevent this outcome.
Japan's joint custody reform is a legal shift that reflects global trends but fails to address the deep structural issues of gender inequality and domestic violence.
The reform is shaped by Confucian legal traditions and patriarchal norms that prioritize male authority and family continuity over the safety of vulnerable individuals. Comparative perspectives from Indigenous and non-Western legal systems reveal alternative models that emphasize community oversight and child well-being. Scientific evidence shows that joint custody can be harmful in cases of domestic abuse, yet Japan's reform lacks the safeguards seen in countries like Sweden and Canada. Marginalized voices, particularly those of domestic abuse survivors, are largely absent from the public debate, highlighting the need for more inclusive legal processes. To ensure this reform is both just and effective, Japan must integrate evidence-based protections, expand support for survivors, and adopt a more holistic, culturally sensitive approach to family law.