著者

稲垣 朋子 イナガキ トモコ Inagaki Tomoko

出版者

大阪大学大学院国際公共政策研究科

雑誌

国際公共政策研究 (ISSN:13428101)

巻号頁・発行日

vol.16, no.2, pp.135-163, 2012-03

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In Japan, one of the parents exercises parental authority after divorce (§818III, §819 Civil Code). But many Western countries practice joint custody after divorce. Influenced by these countries, some groups in Japan are initiating actions to achieve joint custody. Recently, discussions on reforming legislation have increased. I have selected Germany as a main object of comparison and analyzed precedents after reform in 1997. The purpose of this study is to observe, by analyzing the case law of Germany, the criteria for exercising joint custody. I have dealt with the following points in this part : 3) tolerance of the relationship between the child and the other parent, 4) support towards the development of the child, 5) continuity of the living environment (status quo) of the child, and 6) the child's will. I have also examined "the change model", in which the child changes his/her abode between parents periodically. Finally, taking into account the results of the study, this paper goes on to consider what types of joint parenting are desirable and possible in Japan.