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Noriko Shiina Prof. Takushoku University

The Joint Custody of Children after Divorce to Realize the Right of Children to be Raised By Both Parents : A comparison of Japanese law and Italian law . Noriko Shiina Prof. Takushoku University. Presentation Outline.

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Noriko Shiina Prof. Takushoku University

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  1. The Joint Custody of Children after Divorce to Realize the Right of Children to be Raised By Both Parents:A comparison of Japanese law and Italian law Noriko Shiina Prof. Takushoku University

  2. Presentation Outline 1. The situation of Joint Custody in Italy. 2. Japanese legal system regarding the custody of children after divorce. 3. The actual situation of children after divorce in Japan.

  3. Joint Custody in Italy • In 2006 • The New Joint Custody Affidamentocondiviso

  4. Joint Custody in Italy Before 2006 ・Alternative Custody (Affidamentoalternato) Emotional Instability of the children ・Joint Custody (Affidamentocongiunto) The broad discretion of a Judge

  5. The Purpose of the New Joint Custody (2006) To limit the discretion of a Judge To make Joint Custody easier to realize

  6. The Concept of the new Joint Custody Bigenitorialità ・　The right of the children to be raised by both parents ・　Parental Responsibility after divorce Shared responsibility

  7. New Joint Custody 1. Joint Custody becomes principle, sole custody is an exception 2. The child has priority about assignment of family’s residence. 3. Change of the concept of support of child from “Indirect support” to “Direct support” 4. Sanctionagainst serious breach of agreement

  8. Custody after Divorce in Italy Joint Custody Mother has sole custody Father has sole custody IstituteCentrale di Statistica

  9. Custody after Divorce in Japan % 100 80 60 40 20

  10. Joint custody in Japan 0%

  11. Japanese legal system about Custody • Only sole custody( Art. 819) • Joint custody is not recognized

  12. The reason for sole custody in Japan The difficulties of joint exercise • The end of cohabitation • Conflicts between husbands and wives

  13. Custody after Divorce in Japan % Mother has sole custody Father has sole custody Parental authority divided: siblings split up The Ministry of Health, Labor and Welfare

  14. Contact between children and their fathers (mother has sole custody) The Ministry of Health, Labor and Welfare 2011

  15. Financial Support by fathers Father pays

  16. Why fathers don’t take responsibility No Agreement about Visitation and Child Support

  17. Social situation of single mothers in Japan • Mother has to work • Gender discrimination ・Lack of opportunities of secure work 　 ・Wage disparity

  18. Wage disparities between men and women Men=100 Womens’ Wages 60.2 The Ministry of Health, Labor and Welfare 2012

  19. The rate of temporary workers according to gender male workers 29.8% female workers 70.2% The Ministry of Internal Affairs and Communications 2012

  20. Annual Income of Single mothers and 2-Parent families with children

  21. The problem of Physical and Psychological care • Bullying at school • Juvenile Stay –at –home

  22. Conclusion Parents must take Joint responsibility • Joint Custody System is needed. • Sanction system needed. To prevent poverty of children after divorce To guarantee personal contact for the sound development of children

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