Parental Authority and Parent-Child Contact

Under Japanese law, visitation (now referred to as‘parent-child contact’ in the Civil Code) is generally encouraged as long as it serves the child’s welfare.

Courts will typically arrange for the child to spend time with the non-custodial parent on a regular basis, except in cases where contact would be detrimental (for example, in proven domestic violence situations).

The revised Code also permits relatives oher than parents to seek contact in special circumstances when it is truly necessary for the child’s interests(Revised Civil Code 766-2).

※Please Note:The nationality or gender of a parent is not a deciding factor in determinations on parental authority. Family Courts make  decisions on te parental authority based on the child’s best interests, evaluating each parent’s ability to care for the child, the child’s attachment and living situation, and other relevant factors – without legal preference for one parent’s gender or nationality.

In practice, a foreign parent can be (and often has been) awarded parental authority or custody in Japan if that outcome best serves the child.

The upcoming implementaion of the joint parental authority may further help foreign parents maintain legal ties with their children after divorce, addressing past international concerns about Japan’s sole parental authority rule