Why Japan changed a decades-old law to stop Parents from taking their own kids

Japan has changed its divorce law to allow both parents to be legal guardians of their children after divorce. The move is aimed at tackling a long-standing problem where one parent takes the child during a separation and the other parent loses access.

Until April this year, Japan recognised only one legal guardian after divorce. In many custody disputes, courts gave custody to the parent who was already living with the child. Lawyers say this encouraged some parents to leave with their children before divorce because it made their case stronger in court. In many other countries, this would be treated as parental child abduction.

“If a parent leaves the house with the children, it means the parent will be their main caretaker during the legal procedure. It makes the parent’s position much stronger than the left-behind parent,” family lawyer Masanori Tanabe told CNN.

A mother returns to an empty home

Anastasiya Minkova, a US-Russian citizen, returned to her home on Japan’s Shikoku Island after a trip to Russia last September and found that her husband had moved out with their two-year-old son, Ren. CNN is using the child’s nickname to protect his identity.

Don’t Miss: ‘Paid extra for even 15 minutes of overtime’: Indian worker shares lessons from Japan’s work culture 

The last time Minkova saw her son was six months ago during a supervised 30-minute visit at a children’s home.

“My son held onto me tightly and would not let go. He pressed his head against my chest, and it felt like he was relieved to finally see me,” Minkova said.

“When the time was up, I felt completely heartbroken.”

She said she had been thinking about divorce but never expected her husband to leave with their son while she was away.

“Looking back, it was the biggest mistake I’ve made in my life. But I never imagined that he would use that opportunity to move out.”

What the new law changes

Japan’s Justice Ministry says the new law allows both parents to be recognised as legal guardians after divorce. It hopes parents will continue raising their children together and make decisions in the child’s best interests.

The ministry also said that if one parent takes a child without the other parent’s cooperation, it could count against them in future custody cases.

However, lawyers say the law does not automatically give parents joint custody or equal time with their children.

“The literal translation of the Japanese term ‘kyodo shinken’ is ‘parental authority’ and not ‘parental custody,'” family lawyer Masami Kittaka said.

“This means that both parents will have equal rights to make important decisions for their child – when it comes to things like education and healthcare – but there is still no guarantee that they will share parenting time.”

Many parents still have concerns

Campaigners say the biggest problem remains. They argue that parental child abduction is still treated as a civil matter instead of a criminal offence, which means there are few consequences for parents who take children away.

“Family law attorneys counsel their clients to abduct their children. Parental child abduction is not treated as a criminal matter, but a civil matter,” said John Gomez, founder of Kizuna Child-Parent Reunion.

For Minkova, the legal change has not ended the uncertainty.

“In practice, courts may refuse joint custody if parents are not on agreeable terms, which is the reality for many couples going through divorce,” she said.

“In those situations, there is still no guarantee that a child will be able to maintain a meaningful relationship with both parents.”