The Legislative Council's subcommittee, which has been considering child rearing after divorce, has compiled a draft outline for legal reform. The key is to introduce ``joint custody,'' which allows both father and mother to have custody of their children even after divorce.
Parental authority is the right and obligation to take care of a child and manage their property, and the current system is ``sole custody,'' in which either the father or mother has parental authority after divorce.
However, the Family Law Subcommittee of the Legislative Council held discussions on revising the law and compiled a draft outline, as it was not able to respond to changes in social conditions.
According to this law, parents must fulfill their responsibilities to their children regardless of whether they are married or not, and in addition to sole custody, ``joint custody'' is established, which allows both father and mother to have custody of their children even after divorce. We are planning to introduce it.
Joint or sole custody is then decided through consultation between the parents, and if they cannot reach an agreement, the family court determines who will have parental authority, taking into account factors such as the relationship between the parent and child.
However, given that there is a strong opinion against joint custody as it poses the risk of domestic violence (DV) and child abuse continuing even after divorce, sole custody will be maintained if the court finds that domestic violence or child abuse has occurred. That's what I'm trying to do.
Additionally, an accompanying resolution was attached calling for substantial administrative and welfare support to ensure that children are not disadvantaged, and for consideration to be made in response to changes in public awareness and ways of thinking.
The Legislative Council will hold a general meeting in the middle of next month to decide on the outline and report to Minister of Justice Koizumi.