Japan’s Family Courts Under Fire: UN Recommendation Sparks Fears for Child and Mother Safety

The United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recommended on October 29 that judges should fully understand and take into account gender-based violence in family courts, which determine custody rights after divorce. In response to this, lawyers who work on abuse and domestic violence issues held a press conference in Tokyo on the 1st and urged the government to “accept this recommendation and promote gender training in the judicial field.” (Ao Ida)

◆“If we continue to have joint custody, the abuser will continue to harass us.”

In its recommendation, the committee points out that even in cases where the father is suspected of abuse or a protection order has been issued due to domestic violence, “There are concerns that family courts are prioritizing parent-child visitation.” “This could jeopardize the safety of both the child and the mother who is experiencing domestic violence,” it said, adding that when family court judges and investigators decide on child custody and parent-child visitation, “gender-based “We call for strengthening and expanding capacity building to take full account of violence.”

Attorney Ishii (middle) and others meet at the Ministry of Health, Labor and Welfare in Chiyoda-ku, Tokyo.

Lawyers from the Association of Lawyers and Persons Who Will Not Tolerate Domestic Abuse, who met on the 1st, participated in a committee review held in Geneva, Switzerland last month. He has complained to committee members that the introduction of a post-divorce joint custody system in 2026 will “make conditions even more difficult for victims of abuse and domestic violence.” These appeals were reflected in the recommendations.

At the press conference, attorney Makiko Ishii said, “Even under current conditions, family courts lack the ability to detect domestic violence and abuse, and are unable to make appropriate judgments.”If joint custody continues as is, harassment by perpetrators who abuse the system will continue, she told the committee. I told him,” he explained. “In cases where joint custody is inappropriate, it is important to be able to easily switch to sole custody.I want the government to increase its judicial budget and promote training at law schools, judicial training institutes, etc.”