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"After divorce, custody of one side is unconstitutional" 12 people filed suit in Tokyo district court

2019-11-22T20:37:58.046Z

Because the provisions of “single custody” in the Civil Code that the father or mother has custody of the child after divorce violate the constitution, the custody is lost.



“After divorce, custody of one side is unconstitutional” 12 people filed suit in Tokyo district court November 23, 5:35

People who have lost custody have filed a lawsuit seeking compensation from the state that the `` single custody '' provisions of the civil law that either the father or mother has custody of the child after divorce violate the constitution It was.

Twelve people in their 40s to 60s living in Tokyo and Hokkaido have filed complaints with the Tokyo District Court.

The Civil Code stipulates “single custody” where a father or mother has custody when a couple with children divorce.

According to the complaint, 12 people lost custody due to divorce, and they were unable to meet their children or restricted their opportunities to raise children because they violated the constitution that stipulated equality under the law etc. The

Attorney Reiko Koga, the plaintiff's agent at the interview, said, “It is a big question that parents who have had to be divorced for various reasons cannot meet their loved ones. I want to appeal to you. "

The Ministry of Justice has set up a study group this month and is considering whether to introduce “joint custody” in which both father and mother have custody.

Regarding the complaint, the Ministry of Justice says "I have not received a complaint and cannot comment".

Source: nhk

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