- 国際公共政策研究 (ISSN:13428101)
- vol.16, no.1, pp.243-264, 2011-09
In Japan, one of the parents exercises parental authority after divorce (§818Ⅲ, §819 Civil Code). But many of the western countries practice joint custody after divorce. Influenced by the western countries, some groups in Japan are initiating actions to realize joint custody. Recently, discussions on reforming legislation have increased. In this paper, 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 from analyzing the case law of Germany the criteria to exercise joint custody. Especially, I have examined the following points: 1) suitability as a parent, 2) cooperation between parents, 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 dealt with points 1)-2) in this part.