The actual situation of Custody of children after divorce in Japan

ⅰ The actual situation of sole custody

Aforesaid, Japan maintains a sole custody system. So Iʼd like show the actual situation of children after divorce in Japan.

The Graph 2 shows divorce cases in Japan involving in parents with minors. The solid line shows sole custody given to mothers, and the dotted line shows those to fathers. The dashed- line shows the cases involving in more than one child, meaning that siblings are split up with fathers and mothers. The sole custody granted to mothers is more than 80%, those of fathers is less than 20%.And the case that the parental authority is divided between father and mother is less than 5%. And Joint Custody is 0%.

Graph 2　Custody after Divorce in Japan

0 10 20 30 40 50 60 70 80 90

1960196519701975198019851990199520002005

%

Mother has sole custody

Father has sole custody Parental authority divided:

siblings split up The ministry of Health, Labor and Welfare

has not always been the case.

According to the graph 2, the percent of 1960, about 50 years ago, the cases in which the mother was granted parental authority was less than father. Parental authority was granted to fathers in almost 50 percent of the cases and to mothers about 40%.

It could be said that the increase in the number of mothers given parental authority is progress for women. However, by the following reason, Iʼd like to assert that children have to be raised by both parents.

ⅱ Contact between children and their fathers

Iʼd like show how the father takes part in raising children after divorce in Japan. The next graph is the statistics issued by the Ministry of Health, Labor and Welfare in 2011 regarding one-parent families.

First, Iʼd like show the situation on personal contact between children and fathers according to the investigation.

In the case of a one-parent family, in which the mother takes care of children, the father continues contact with his children in 27.7% of cases; the case in which the father has had contact with his children in the past is 17.6%, and the case in which the father hasnʼt had contact with his children is 50.8%. These numbers show that more than 50% of fathers in Japan have not at all been involved in the lives of their children after divorce.

Next, Iʼd like to introduce the situation from an economic aspect. How is the situation of payment of child support.

50.8%

Contact in the past

17.6%

27.7%

No contact Contact

The Ministry of Health, Labor and Welfare 2011

Graph 3　 Contact between children and their fathers

in the case mother has sole custody

The Joint Custody of Children after Divorce : A Comparison of Japanese law and Italian law

ⅲ Financial support by fathers

According to the graph 4 about the investigation of financial support by fathers, the case in which the father continues to pay child support is 19.7%; the cases in which the father has paid child support in the past is 15.8%; the case in which the father hasnʼt paid at all is 60.8%.

These investigations show that more than 50% of fathers donʼt have personal relations with their children and more than 60 % of the fathers havenʼt paid child support¹¹.

One of the causes of this phenomenon is that most parents donʼt have written agreements about visitation or child support. And even if they make an agreement, the system of ensuring child support doesnʼt work sufficiently. Regarding this point, there is a peculiarity about the Japanese divorce system¹².

ⅳ The reason for lack of personal contact and financial support by fathers

In Japan there are 4 types of divorce systems. Divorce of determination（Art. 284 of Family Affairs Procedure law）is 0.04% ; Judicial divorce（Art.770 of Civil Code）is only 1%; and Divorce by mediation is 9.7%; the most common type of divorce is Divorce by agreement

（Art.763 of Civil Code）, which accounts for 87.8% of all divorces in Japan. Divorce by consent can be made only by partners who consent on divorce without any agreement about visitation and child support. As a result, almost all divorces do not involve Family court. This is a

11 According to analysis of Japan Federation of Bar Association, the following points were identified as the problem of child support. Firstly, there are few cases which included agreement of child support. Sec-ondly, even if there is an agreement of child support, the amount of child support is insufficient. Third-ly, there is difficulty in enforcing payment of child support.（Nihon Bengoshi Rengoukai, Rikon to kodo-mo no shiawase（Divorce and Happiness of Children）, Akashishoten, 2011, p. 33.

12 For Japanese policy of Child Support, Miyuki SHIMOI, ʻYouikuhi Seisaku nimiru Kokka to Kazoku（State and family on the Policy of Child Support）ʼ, Keiso-shobo, 2008, p. 17.

Graph 4　Financial Support by fathers

19.7%

Father has paid in the past

15.8%

Father hasn’t paid

60.7%

Father pays

The Ministry of Health, Labor and Welfare 2011

peculiarity of the Japanese divorce system. However, in 2011, a provision that an agreement on visitation and child support may be made is provided in a new civil code （Art.766）.

Consequently responsibility for the welfare of children falls on the mother.

Now where does that leave a single mother and her children? The social situation of single mothers is very severe. Namely single mothers have to work, however there is wage differential and problems of job security caused by gender discrimination.

Next Iʼd like to show you statics about wage disparity.

ⅴ The situation of single mothers after divorce

Divorce of determination Judicial Divorce Divorce by mediation