In this article, we will discuss the issues of "child abduction," "joint custody," and "parental alienation" in Japan.
1.Why is joint custody being reconsidered?
The background for the reconsideration is largely due to the current custody system in Japan posing problems for the welfare of children and the involvement of both parents. In Japan, it is common for one parent to have exclusive custody after divorce, often limiting contact with the other parent. However, this system has been pointed out to have negative impacts on the child's mental and physical health, as well as the quality of their education. Furthermore, disputes over child support and custody rights can become prolonged after divorce, causing severe stress for both the child and the parents.
In Western countries, joint custody is widespread, and it is typical for both parents to share responsibility for raising their child even after divorce. The joint custody system is introduced with the aim of improving child welfare, and compared to a system where only one parent holds custody, it is expected that the relationship between the child and both parents is more likely to be maintained.
In Japan, there are growing calls for the adoption of a joint custody system. Behind this is the rising divorce rate and the diversification of family structures. In addition, the idea that creating an environment where both parents can equally be involved in raising their child respects the rights of the child and contributes to their welfare is gaining traction.
To revise the joint custody system, legal amendments are necessary.
2.What kind of content is needed for the legal amendment of joint custody?
For the legal amendment of joint custody, the following content is being considered:
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To maintain parent-child relationships after divorce, both parents should be involved in raising the child by developing a concrete parenting plan. The plan should include the child's residence, visitation time, and the sharing of educational expenses.
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A system should be introduced to respect the child's opinions and listen to their views according to their age and maturity level. This will enable the child to participate in decisions that affect their future.
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Strengthening the role of courts is crucial to support the development of parenting plans. Establishing arbitration agencies that can listen to expert opinions and considering the provision of counseling services should be examined.
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Enhancing support systems for children at risk of delinquency is necessary. By providing mental care and educational support, children can enjoy a stable growth environment.
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With the introduction of joint custody, penalties for inappropriate actions by custodial parents should also be clarified. For example, if custody rights are abused, or there is abuse or neglect, appropriate sanctions must be imposed.
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The development of social support accompanying legal amendments is essential. Economic assistance for families after divorce and programs to help restore parent-child relationships should be improved. The legal amendment of joint custody, including these elements, aims to prioritize the best interests of the child and maintain balance within the family.
3.What are the reasons for abducting a child?
The reasons for abducting a child can vary widely, but several main factors can be identified.
First, emotional issues play a significant role. Parents may be experiencing stress, anger, or fear associated with divorce or separation, and these emotions can lead to child abduction. Particularly, if a parent loses custody or has limited visitation rights, a strong desire to maintain contact with the child can result in abduction.
Next, parents may abduct their child with the intention of protecting the child's welfare. This can involve cases of abuse, neglect, or an inappropriate parenting environment. If a parent perceives a danger to their child, they may choose to abduct the child to protect them.
Additionally, parents may resort to abduction in an attempt to assert their rights concerning their child. This often occurs when a parent feels their rights are being violated and they are trying to maintain their relationship with the child. Issues such as custody disputes, unpaid child support, or non-compliance with visitation agreements may be involved in these cases.
Furthermore, cultural differences and complex issues in international marriages can contribute to child abduction. Conflicting cultural backgrounds and values may lead a parent to try to bring the child back to their own country or culture. When an international marriage fails, child abduction can become an international issue.
4.What is the legislation to prevent vested interests businesses in family law?
The legislation aimed at preventing vested interests businesses related to family law focuses on strengthening regulations against companies and organizations that exploit domestic troubles and divorce issues for unjust profits. These bills aim to ensure professionalism and ethical standards by requiring appropriate licenses and qualifications for service providers involved in family law, thereby eliminating malicious business practices. They also include clarifying the scope of the law and imposing stricter penalties for violators. Furthermore, legislation to prevent vested interests businesses provides penalties for those who make unreasonable demands using family law procedures, with the goal of curbing exorbitant demands and protecting family stability. Other measures include establishing support and information-providing agencies for domestic troubles, and ensuring appropriate consultation systems with experts.
Drawing on foreign legislation as a reference, preventive measures against vested interests businesses may include the introduction of qualification systems for professionals such as lawyers and mediators, and improving transparency in the business process. This would help prevent fraud and information manipulation by related parties, leading to the proper implementation of family law. From these points, it can be considered that various measures are necessary for legislation to prevent vested interests businesses in family law, including qualification systems for related parties, the provision of appropriate services, and the establishment of proper information-providing and consultation systems.
5.What is parental alienation?
Parental alienation will be explained from a medical perspective. It is a complex issue involving psychological and sociological factors, with ongoing research in the fields of psychiatry and psychology.
Psychological factors: Parental alienation occurs when one parent engages in detrimental behavior towards the child, causing the child to develop negative feelings and opinions about the other parent. This may take the form of psychological abuse, such as gaslighting or defamation. Additionally, children tend to emphasize the negative aspects of the alienated parent to justify the deteriorating parent-child relationship, in order to resolve cognitive dissonance (the stress caused by holding two conflicting beliefs).
Psychiatric factors: Parents who cause parental alienation are often reported to have mental disorders, such as narcissism, borderline personality disorder, or bipolar disorder. These disorders may encourage the parent to use the child for their own benefit and engage in malicious behavior against the other parent.
Sociological factors: Sociological factors related to family situations, such as the stress of divorce or separation, custody and child support issues, and adapting to new family environments, can also influence the occurrence of parental alienation.
The impact of parental alienation on children can be severe, potentially leading to psychological distress, such as low self-esteem, anxiety, depression, and interpersonal relationship problems.
●Outline of the Revision in Japan（日本の共同親権の法務省案の英訳）
●Outline of the Law for Joint Custody（共同親権：自民党の法案「民法等の一部を改正する法律案要綱」）