A bill to introduce joint custody for divorced parents passed the Lower House on Tuesday, bringing Japan closer to adopting a practice seen in other countries.

The envisioned amendment would be introduced into the Civil Code, and if passed in the current session of parliament would be enacted and enforced by 2026.

Under the current Civil Code, only one parent can take custody of a child after a divorce. But with the introduction of joint custody, parents will be able to decide, through a mutual agreement, whether to share custody or not.

If parents cannot reach an agreement, they will be able to apply to the family court for a decision. The revision of the law will also allow couples who divorced before the implementation of the law reform to choose joint custody.

The idea of joint custody has raised concerns that domestic violence or abuse by one parent toward a child may continue even after a divorce. With that in mind, the bill specifies that if there is a risk of harm to a child, the family court could grant sole custody.

Measures were also included to prevent situations where one parent may unilaterally coerce an agreement on joint custody based on a power imbalance, and to confirm whether an agreement is based on the ※true intentions§ of both parties.

Choosing joint custody has also raised concerns about potential economic disadvantages for the child.

When determining eligibility for high school tuition fee exemptions, the incomes of both custodial parents will be combined, according to the Ministry of Education, Culture, Sports, Science and Technology. This could make it more difficult for parents with joint custody to qualify compared to a parent with sole custody.

The revised bill also clarifies the responsibilities of parents. Divorced parents will still be required to support the child so that they can maintain a healthy standard of living while also respecting the child＊s wishes.

The sole custody system has been criticized as a significant disruption to parent-child relationships after a divorce, with some critics saying that it leads to a lack of financial support for children.