Child custody in Japan
In Japan, since 1 April 2026, divorcing parents can choose joint or sole parental authority, and a court decides if they cannot agree.
Updated October 2026. Spotted a mistake? Tell us.
If the parents are married
Married parents exercise parental authority jointly.
If the parents are not married
The mother has parental authority. A father who acknowledges the child does not share it automatically: the parents can agree that both, or the father alone, will have it, and the family court can decide.
The unmarried father, in one line: The mother has it; the father needs a step: a joint declaration, registration, agreement, or living with the mother at the birth.
After a divorce or separation
Since a reform that took effect on 1 April 2026, parents who divorce can agree on joint or sole parental authority. If they cannot agree, the family court decides in the child's interests. Before the reform, only one parent could have it after a divorce. Parents who divorced under the old law can ask the family court to change to joint authority.
What the child can say
The family court takes the child's views into account according to age and maturity.
Moving house or moving abroad with the child
Even with sole authority, a parent who moves the child must respect the other parent's contact. Japan is a party to the Hague Child Abduction Convention.
If the parents live in different countries
Japan is a party to the 1980 Hague Child Abduction Convention, which lets a parent ask for a child wrongly taken to another country to be returned. It works only with countries that have accepted its accession, so check the other country on the treaty status table.
What to watch for
- The reform is recent, and its practical working in the family courts is still developing.
Understand the legal system first
Japan belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the Japan legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Japan? →
Divorce rate and trend in Japan →
Official sources
Take it further
The family and property rules of a European country in one PDF, with questions for a local lawyer.
Write down parenting time and responsibilities.
Permission for a child to travel with one parent or another adult.
Marriage, divorce, custody and support, step by step.
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TheLawToKnow Tools’s child custody guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.

