A revision to the Civil Code introducing joint parental custody after divorce is passed during a plenary session of the House of Councillors, May 17, 2024.

A public opinion poll conducted after a legal revision this month opened the way for joint parental custody after divorce found 53% in support, while just 10% were against it.

Before the revision to the Civil Code came into effect on April 1, only sole custody by either the mother or father was permitted after divorce, but now parents can choose between joint or sole custody during divorce proceedings. Parents who divorced before the law took effect can also switch to joint custody.

Parents facing divorce are required to make preparations with the “child’s best interests” in mind, and the change appears to be accepted by voters. Nevertheless, 36% of survey respondents said they were “not sure” about joint custody.

In the free-response section, a man in his 50s wrote, “It seems like we will see a society where divorce is increasingly easy.” Other comments included, “Isn’t there a risk that even a parent who seems likely to harm the child will be given custody?” (a woman in her 60s), and “I’m worried that it will end up with neither parent taking responsibility” (a man in his 60s). With many such concerns, careful implementation of the system will be necessary.

The survey was conducted on April 18 and 19 using a digital survey method targeting smartphone users. It used a questionnaire service offered to a mobile carrier’s loyalty program members, with respondents randomly selected from about 77 million people nationwide aged 18 and older. The poll received 1,868 valid responses.

Civil Code

The Civil Code refers to a foundational legal document that codifies private law, governing areas such as contracts, property, family, and torts. Its modern origins trace back to the Napoleonic Code of 1804, which influenced legal systems worldwide by emphasizing clarity, equality before the law, and the protection of individual rights. Today, various countries have their own civil codes, each reflecting unique historical and cultural developments.