Less than half of divorcing parents complying with revised Civil Code visitation/child support requirements

September 17, 2012

http://www.yomiuri.co.jp/dy/national/T120914003660.htm

 

Child care left undecided in divorces

The Yomiuri Shimbun

Less than 50 percent of divorcing couples have planned for such matters as child support and visitation rights since the revised Civil Code was implemented in April, which requires couples with small children to do so, according to the Justice Ministry.

As local governments accept divorce applications without making couples declare such arrangements, the effectiveness of the revision has often been questioned.

The ministry collected its first statistics on the issue during the first quarter since the revision came into force. The results reflect the difficulty couples face in reaching an agreement on child-related matters.

In tandem with the implementation of the revised code, the ministry in April added items to the divorce application form asking couples with young children to verify they have come to an accord on certain issues. This includes whether they have agreed on visitation arrangements for the noncustodial parent and how child support will be handled.

According to the ministry, 32,757 couples with young children mutually consented to file for divorce from April to June. Among them, 15,622, or 48 percent, indicated they had made arrangements regarding visitation for the noncustodial parent, and 6,843, or 21 percent, had not. The remaining 31 percent did not check any boxes.

Concerning payment of child support by noncustodial parents, 16,075 couples, or 49 percent, had made a decision on the matter, while 6,316, or 19 percent, had not. The other 32 percent left the boxes blank.

In 2011, about 235,700 couples got divorced, with about 90 percent of them doing so by mutual consent. Still, there have been many problems concerning the handling of these child-related matters after divorce.

“It’s necessary for couples to reach an accord [on such matters] for their children’s sake,” said Noriko Mizuno, a Civil Code professor at Tohoku University.

“In Western countries and South Korea, couples are not allowed to get divorced unless they agree on a plan to raise their children and the plan is approved by the court. In Japan, it’s not sufficient to simply check whether parents have come to an agreement on such matters. We must also create a system to verify their decisions really serve the best interests of the child and enforce them if so.”

(Sep. 15, 2012)

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: