On the 12th, the House of Representatives Judicial Affairs Committee approved a bill to revise the Civil Code that would introduce “joint custody,” in which both parents have custody of their children even after divorce, with a majority vote including members of the ruling party. It is expected to pass the House of Representatives next week and be sent to the House of Councilors. Based on the agreement of the four parties – Liberal Democratic Party, Komeito, Constitutional Democratic Party, and Japan Restoration Party – amendments were made to the supplementary provisions, including the consideration of measures to confirm the “true intentions of both parents” when deciding on the form of parental authority.
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◆It may affect whether or not you can receive tuition support funds.
Proposals to revise the Civil Code, including the introduction of joint custody after divorce, took into account the deep-rooted opinion of prudence, and included amendments that would effectively make the cases for joint custody stricter. However, the core of the bill remains unchanged, and the scope of what only one parent can do remains vague. Concerns remain that conflicts between parents will increase and children will be disadvantaged.
“In joint custody cases, it is unclear when only one parent can exercise parental authority.”
After the vote on the 12th, Daiki Michishita of the Constitutional Democratic Party spoke grimly to reporters.
The proposed amendment stipulates that even if parents have joint custody, only one parent can exercise parental authority for everyday activities or when there are “urgent circumstances.” There have been concerns that because concrete examples have not been clearly stated, it could easily lead to conflict and conflict.
In its deliberations, the Ministry of Justice cited “meals, vaccinations, and choosing lessons” as examples of daily activities. He answered that the interpretation of “urgent” refers to cases in which there is no time for discussions or litigation, such as admission procedures or emergency surgery immediately after the announcement of entrance exam results.
However, the scope of medical treatment that can be decided by one parent alone was not specified, only stating that it “depends on the emergency.” Negotiations may be difficult when deciding on a treatment policy for a child with a chronic illness.
Regarding tuition support funds that reduce the burden of high school tuition fees, the Ministry of Education, Culture, Sports, Science and Technology has explained that in the case of joint custody, in principle, the parents’ incomes are combined to determine eligibility. It has emerged that children who do not receive enough child support may be left out of support due to income restrictions. At a press conference on the 12th, Taku Yamazoe, chairman of the Communist Party’s policy committee, raised the issue of the move, saying, “It could affect social security, such as scholarships and welfare benefits.”
The Ministry of Justice received over 8,000 public comments in fiscal 2022, and while the majority of opinions from organizations were in favor of the introduction, twice as many individuals opposed the bill as were in favor. It is difficult to say that society’s understanding of the issue has caught up, and the question is whether the House of Councilors can dispel concerns. (Nobuko Ohno)