Japan to allow Filipinos joint child custody after divorce — CFO

The Japanese government will allow divorced parents, including Filipinos previously married to Japanese citizens, to share joint custody of their children for the first time since 1945, or post-war Japan, the Commission on Filipinos Overseas (CFO) said Tuesday.

The CFO, led by Secretary Dante “Klink” Ang II, said in a statement that the new policy was relayed by a Japanese delegation headed by Prof. Wako Asato of Kyoto University and the Japan Federation of Bar Associations (JFBA) during their visit to the Philippines.

The CFO said there are over 300,000 Filipinos living in Japan and that this group was historically dominated by overseas workers.

"Today, it has evolved into a permanent, settled community composed of permanent residents, second-generation youth, and Filipinos in international marriages with Japanese nationals," the CFO said.

"Because of the high volume of cross-border unions, Filipino migrants are disproportionately affected by changes in Japanese family and civil law, particularly when these marriages are dissolved,” it added.

Beginning in April 2026, Japan will allow joint custody after divorce for the first time in its post-war history, shifting away from a strict sole-custody system.

If couples cannot agree on custody arrangements, family courts will decide based on the best interests of the child, the CFO said.

However, the CFO noted that challenges remain, citing language barriers among Japanese lawyers, according to lawyer Keiko Kato, JFBA representative.

In response, the CFO proposed a memorandum of understanding (MOU) with the JFBA “to proactively shield Filipinos from legal blind spots created by Japan’s shifting laws.”

“The proposed MOU will cover direct legal assistance for Filipino migrants in Japan, joint information campaigns on legal rights, and continuous updates to the CFO’s Pre-Departure Orientation Seminar and Guidance and Counseling Program modules,” the agency said.

The JFBA expressed willingness to support the initiative, subject to formal approval from its headquarters, the CFO added.

The CFO, an agency under the Office of the President, is tasked with promoting and protecting the interests, rights, and welfare of overseas Filipinos, particularly those permanently residing abroad and those entering cross-border marriages.—MCG, GMA News