In a historic moment in Japan's parliament, a long-awaited amendment to the family law has been passed, giving hope to Australian parents in Japan's legal woes for co-parenting for the first time.
Friday's decision was spurred by sustained international pressure and countless heartbreaking stories that have portrayed Japan as a "black hole" of abducted children in a single custody tradition.
According to Australian media on May 17, since 2004, at least 89 Australian children have been legally separated from their Australian relatives because of the system, and once the parents are separated, the law gives one parent complete control.
The new law, which will come into effect in 2026 and will be applied retroactively, introduces a significant departure from the century-old system, allows both parents to agree on joint or separate custody, and empowers the Family Court to determine custody based on the best interests of the child, including consideration of domestic violence.
However, while this legislative advancement is seen as a positive step towards flexibility and shared responsibility, critics point out that without a fundamental shift in the perception of justice, the revised law may not have a real impact in high-conflict cases.
Japanese legal expert Takao Tanabe expressed disappointment at the weakness of the bill, saying that it could lead to nominal joint custody, lacking clear guidelines for promoting shared parenting and relying only on the vague "best interests of the child" criterion.
Australian mother, Catherine Henderson, whose child was taken away by her Japanese spouse five years ago, believes that while the change is a step in the right direction, it falls far short of the fundamental issues of Japanese family law. Scott McIntyre, whose children are listed as the subject of Interpol's Yellow Missing Persons Notice, said there was no reason to celebrate, believing that Japan had only reached the threshold that other countries had achieved years ago.
The legislative turning point follows the Sydney Morning Herald, The Age and 60 Minutes exposing the stories of dozens of Australian families torn apart by Japan's guardianship law, prompting the Australian government to join the European Union and eight other countries in pressuring Tokyo to change the law.
Opponents of the single custody system argue that it allows for mass legal child abductions, permanently stripping non-custodial parents of their roles.
Proponents claim that the laws are designed to protect women fleeing domestic violence. David Fleming's experience, whose three children were taken away by his wife while he was away for work almost six years ago and subsequently adopted by his new partner, highlights the huge holes in the system. He said there would be no fundamental change unless child abduction was criminalized.
Kyoko Takada, an associate professor at the University of Tokyo, as one of the critics of the reform, argues that the reform seems rushed and driven by men who seek to restore patriarchy without understanding the status quo.
She warned that while unilateral custody is said to be granted in certain circumstances, such as domestic violence, Japan's Family Courts have been criticized for still ordering child contact when handling domestic violence cases, raising strong concerns that improper screening could lead to harm to victims of domestic violence and their children.
This legal reform marks a key step forward in Japan's international co-parenting issues, and also heralds a profound reflection on the traditional concept of family, guardianship and parent-child relationship in China.
For foreign parents trapped in the labyrinth of Japanese law, the road to reunion is still uncertain, but the light of reform has illuminated the darkness of separation.