What are the decision standards?

The standard for parental rights decisions is “the best interests of the child.” (Section 6, Article 819, Civil Code of Japan)

The judge considers and decides based on which would be best for the child. The judge considers and decides, but not arbitrarily. In general, the following items are investigated and considered.

In terms of each parent’s circumstances
【１】Capacity and means of raising the child (Economic circumstances,home environment, family environment, education environment and so forth.)
【２】Love for the child and desire to raise the child
【３】Health status of the parent

The child’s own circumstances
【１】The child’s situation in terms of age (there is a tendency to favor maternal parental rights for young children)
【２】Stability of environment (the child’s present home and environment is thought to be best left unchanged)
【３】The child’s own feelings (young children’s have difficulty expressing their feelings, so these are not investigated very much.)

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