Japanese

Joint Parental Authority (PA) is the parenting system in Japan during marriage (1). Now, the Japanese government is seeking to extend this system to divorced or unmarried parents.

"When I was in junior high school, my parents divorced. I suffered emotional abuse and sexual harassment from my father, and if he didn't like something, he would stop me with a fist in front of my face. My mother took us away, but our whereabouts were soon found, and he continued to bang on the front door or ambush us. He even said, 'I can drive you to suicide.' If we had joint PA at that time, I think we would have been pushed even further." (Ms. Yamamoto, anonymized)

"I am a mother living with my elementary school-aged child. Even though I reported the violence from my husband to the family court, I received no support, and after five years of divorce mediation, the divorce still hasn't been finalized." (Ms. Suzuki, anonymized)

This year, the introduction of the joint PA post-divorce system may be decided in the Diet. If introduced, even after divorce, in order to enroll a child in nursery school, receive treatment, move, or send the child to the school of their choice, the consent of "both parents" will be required, and the relationship with the divorced partner will be forcibly continued—a de facto "ban on divorce" for those with children.

And it is estimated that this system will affect about 2 million children (2).

Think about it. Of course, it is ideal for parents to continue cooperating in raising their children even after divorce. However, the fact that divorce is being considered in the first place means that the relationship is no longer working. If parents in such a relationship are forced into joint PA, children will be immobilized, and their wishes will be blocked.

Do not hastily proceed with the introduction of mandating joint decision-making after divorce, as it disadvantages children and exacerbates the situation for the vulnerable party. Let's prioritize the well-being of children.

What is joint PA after divorce?

It is a system where the consent of the non-resident parent is required for decisions regarding important matters concerning the child. If refused, activities such as advancing in education, hospitalization, enrollment of schools, or moving become impossible. If no agreement is reached, nothing can be done until the court decides.

What specific issues are we facing?

Even if one parent refuses, "joint PA" can be ordered by the court. 
Under this legislation, protective parents may face legal action for attempting to shield children from domestic violence, as it requires consent from the other party before relocation (3). 
The court cannot completely exclude DV that cannot be proven, such as psychological or sexual abuse. 
Family courts are already in a state of chaos, with no personnel, facilities, or budget to cope (4). 
Measures against "non-payment of child support" are ineffective.
There are no measures to prevent legal abuse through abuse of litigation.

Who is affected by joint PA?

i. Children

ii. People with children

Those considering divorce
Those who have already divorced
Anyone with children, including those married, unmarried, or in a common-law marriage

iii. Anyone who may have children in the future

Not only the above but also people working in fields related to children, such as healthcare, education, administration, and extracurricular activities, are greatly affected by the risk of litigation, etc.

Requests

1. Cancel the legislative revision for the introduction of joint PA after divorce.
    The deliberations have not been completed in the Legislative Council. Moreover, the outline was decided before about 8,000 public comments, of which about two-thirds were opposing opinions, were made public, indicating problems in the way the deliberations are proceeding.
2. If it is necessary to discuss the introduction unavoidably, we strongly request the following measures as mandatory:
   • Clarify that joint PA is not the norm and take measures to prevent coercion.
   • Significantly expand measures for DV and abuse prevention and victim support.
   • Establish a system to promptly revoke joint PA if there is a risk of "disadvantage" to the child or one of the parents.
   • Strengthen the functions of family courts by enhancing training, personnel structure, and securing financial resources.
   • Establish mechanisms to ensure that child support is reliably paid, such as public collection systems and enforcement programs.
   • Take concrete measures and policies to restrain legal abuse and support victims.

Once joint PA is legalized, a parent with a daughter who has a child may no longer offer the reassurance, “If something goes wrong, you can always come back home.” If the daughter's husband refuses separate living arrangements, she cannot return home with her child until authorized by the court.

We ask for your support.

#ChoiceNotCourt

 

Reference

1.  “Joint Parental authority” differs from “joint/shared custody”. The mistranslation of terminologies related to child custody has been exploited to advocate for the ongoing legislation of Joint “Parental Authority.” In Japan, legal professionals use two terms when discussing child custody matters: shinken and kango:
   • Shinken (“parental authority”): Shinken encompasses a wide range of responsibilities, including parental rights and duties regarding child care, legal representation, and the right to determine the child's residence.
   • Kango (“custody”): This refers to the right and responsibility to care for the child, which includes visitation rights and the obligation to provide financial support. 
     Japan already has legislation for “(b) joint custody”.
   • For more details, watch this video by Prof. Tomiyuki Ogawa, an expert in Japanese civil law.
2. Calculated based on population statistics.
3. Japan lacks robust public support for DV victims; there are no occupation orders, and obtaining restraining orders is exceedingly difficult. Consequently, fleeing with their children remains the sole recourse for mothers in abusive situations.
4. The court workers' union raised concerns about lacking resources (including professionals and infrastructure) to handle the estimated increase in disputes. Zen Shiho Rodo Kumiai (All Court Employee Union). <http://www.zenshiho.net/shinbun/2024/2416.html>

[For more, click here. Please use Google translate as the page is in Japanese]