Japan joint custody law affects Filipinos

By Joseph Bernard A. Marzan

MANILA, Philippines — The Commission on Filipinos Overseas, the government agency tasked with protecting the interests and welfare of overseas Filipinos, warned that Japan’s shift to post-divorce joint custody could have major implications for Filipino migrants, particularly those in cross-border marriages.

Beginning April 1, 2026, Japan will allow joint custody after divorce for the first time in its postwar history under amendments enacted in 2024.

If parents cannot agree on custody, family courts will decide whether joint or sole custody best serves the child’s interests, and the law requires sole custody in cases involving abuse, domestic violence, or other circumstances in which joint custody would harm the child.

The update was presented to CFO Secretary Dante “Klink” Ang II during a meeting with a Japanese delegation led by Professor Wako Asato of Kyoto University and representatives of the Japan Federation of Bar Associations, or JFBA.

Lawyer Keiko Kato, a JFBA representative, said Filipino migrants may still find the new legal landscape difficult to navigate because of language barriers among local Japanese lawyers.

Japan was home to 349,714 Philippine nationals as of June 2025, according to Japan’s Immigration Services Agency, making Filipinos the country’s fourth-largest foreign community.

The Filipino community in Japan, once largely composed of overseas workers, has evolved into a more settled population that includes permanent residents, second-generation youth, and Filipinos in marriages with Japanese nationals.

Because of the high number of cross-border unions, Filipino migrants are likely to be disproportionately affected by changes in Japanese family and civil law when marriages break down.

The delegation also raised concerns about Japan’s tighter immigration environment, while the country’s permanent residence guidelines already require proper compliance with public obligations such as taxes, public pension contributions, health insurance premiums, and immigration notifications.

Japan also requires proof of Japanese-language ability in some work-related residence categories, and its immigration system provides for deportation procedures for certain violations.

To address legal challenges arising from Japan’s changing laws, the CFO proposed a memorandum of understanding with the JFBA to provide direct legal assistance to Filipino migrants, conduct joint information campaigns on legal rights, and update CFO training modules.

The JFBA said it was willing to support the proposal, subject to formal approval from its headquarters.