No Voice

Does every child get the same answer?

What Japan has promised children in international law, and what its family courts usually do.

A parent who lives apart from their child in Japan is usually told, early on, what to expect: about once a month, for a few hours. The figure is not in any statute. It is a custom, and it is offered to families whose circumstances have little in common.

This piece asks a narrow question. Is that custom consistent with what Japan has promised children under international law?

What Japan has promised

Japan ratified the UN Convention on the Rights of the Child in 1994. Three of its articles matter here.

Article 9 says that a child who is separated from one or both parents has the right "to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests."

Article 3 says that in all actions concerning children, including those of courts, the best interests of the child shall be a primary consideration. A best-interests decision is by its nature about one particular child.

Article 12 says that a child who is capable of forming views has the right to express them in any judicial proceeding affecting them, and that those views are to be given due weight according to the child's age and maturity.

Notice whose rights these are. They belong to the child. The Convention does not say a parent is entitled to time. It says a child is entitled to both parents, and to a decision made about that child.

What usually happens

Practice differs between courts and judges, and agreements reached in mediation can be far more generous than the custom. But when parents cannot agree and a judge decides, the result tends to sit close to the same conventional level whatever the history of care, the strength of the bond or the wishes of the child. Parents who have provided daily care for years and parents who have provided very little often receive similar orders.

When very different situations produce the same outcome, it is fair to ask how much the particular child's situation shaped it.

What international bodies have said

In 2019 the UN Committee on the Rights of the Child, which monitors the Convention, reviewed Japan. It recommended that Japan revise its law on parent-child relations after divorce to allow shared custody where that is in the child's best interests, and "ensure that the right of the child to maintain personal relations and direct contact with his or her non-resident parent can be exercised on a regular basis."

In July 2020 the European Parliament adopted a resolution on children in Japan who had lost contact with a parent. It passed by 686 votes to 1. It called on Japan to ensure that visiting and access rights reflect its obligations under the Convention.

Japan has since changed its law. From April 2026, parents can share parental authority after divorce. That is a real change. Whether everyday practice on contact changes with it is a separate question, and it is the one that decides how much of a childhood a parent and child spend together.

The other side of the argument

The courts' position deserves to be stated fairly. A court would say that every case is considered individually: both parents file statements and evidence, mediators hear them, and investigators can be appointed. The conventional level is a starting point, not a rule. Stability matters to children, and conflict between parents harms them, so caution about arrangements the parents cannot manage peacefully is a judgment about the child's interests, not a refusal to make one. Courts must also protect children and parents where there has been violence, and they cannot always tell quickly which cases those are.

These points are serious. They explain caution. They do not explain why the answer varies so little between families, or why it so rarely grows as a child gets older and the arrangement proves safe.

What a parent can and cannot do with this

It helps to be clear about the limits. Japanese courts rarely apply the Convention directly against established practice, and raising it in your own mediation is unlikely to help you. Japan has also not accepted the procedures that would let an individual bring a complaint to the UN treaty committees. In 2022 the UN Human Rights Committee again asked Japan to take steps toward accepting one of them.

So this is not a legal lever for an individual case. It is a standard to measure the system against, and it is one Japan chose for itself. The realistic routes are the slow ones: the periodic UN reviews, where organisations can submit reports; the Diet; and public understanding of what children were promised.

For your own case, the practical advice elsewhere on this site still applies. Agreement in mediation is where a child's time with both parents is most often protected.

Sources