Domestic Relations Case Procedure Act

A petition for readjudication may be taken from a ruling or any other judicial decision that has become final and binding (limited to such judicial decision that concludes a case; the same applies in paragraph (5)).

With regard to proceedings for readjudication, unless they are contrary to the nature thereof, the provisions concerning proceedings in the respective instances apply mutatis mutandis.

The provisions of Part IV of the Code of Civil Procedure (excluding the provisions of Articles 341 and 349 of the Code) apply mutatis mutandis to the petition for readjudication set forth in paragraph (1) and the proceedings thereof. In this case, the phrase "conducts a trial and reaches a judicial decision on the merits, within the bounds of the party's protest" in Article 348, paragraph (1) of the Code is to be deemed to be replaced with "conducts proceedings and makes a judicial decision on the merits".

The immediate appeal filed against an order of commencement of readjudication as set forth in Article 346, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding paragraph has the effect of a stay of execution.

An immediate appeal may be filed against an order to dismiss a petition for readjudication against a ruling or any other judicial decision pursuant to the provisions of Article 348, paragraph (2) of the Code of Civil Procedure as applied mutatis mutandis pursuant to paragraph (3), only by a person who may file an immediate appeal against the ruling or judicial decision.

When the petition for readjudication set forth in paragraph (1) of the preceding Article is filed, and if the circumstances alleged as reasons for an appeal appear to be legally well-grounded, a prima facie showing is made on factual matters, and a prima facie showing is made to the effect that execution is likely to cause damage that cannot be compensated for, the court may, upon petition, order a temporary stay of compulsory execution while requiring or not requiring the provision of security, or order the revocation of the disposition of execution already taken while requiring the provision of security.

No appeal may be entered against a judicial decision on a petition filed under the provisions of the preceding paragraph.

The provisions of Article 95, paragraphs (2) and (3) apply mutatis mutandis to the security deposit and security if security is provided under the provisions of paragraph (1).

A family court before which a case for adjudication of domestic relations on the merits (if a petition for mediation of domestic relations is filed with regard to the matter addressed in a case for adjudication of domestic relations, the case for mediation of domestic relations) is pending may make a ruling to order provisional seizure, provisional disposition or the appointment of an administrator of property or any other necessary provisional orders, as provided for by this Act.

When a case for adjudication of domestic relations on the merits is pending before a high court, that high court makes a judicial decision in lieu of the ruling set forth in the preceding paragraph.

A petition for a provisional order prior to a ruling (the provisional order means the ruling set forth in paragraph (1) of the preceding Article and a judicial decision in lieu of the ruling set forth in paragraph (2) of the Article; the same applies hereinafter) must be filed by clarifying the purpose thereof and the grounds for seeking a provisional order.

A petitioner for a provisional order prior to a ruling must make a prima facie showing of the grounds for seeking a provisional order.

When a petition for a provisional order prior to a ruling is filed, the family court (or a high court in the case set forth in paragraph (2) of the preceding Article) may, when it finds it to be necessary, investigate the facts and examine evidence by its own authority.

A petition for a provisional order prior to a ruling may be withdrawn in whole or in part even after a provisional order prior to a ruling is issued.

A provisional order prior to a ruling, which is to order a provisional disposition to determine a provisional status, may not be issued without hearing statements from a person who is to be subject to adjudication; provided, however, that this does not apply when there are circumstances where taking the step to hear the person's statements makes it impossible to achieve the purpose of the provisional order.

Notwithstanding the provisions of Article 47, paragraph (3), when a party files a petition for permission under the provisions of paragraph (1) or (2) of the Article with regard to a case for a provisional order prior to a ruling, the family court (or a high court in the case set forth in Article 105, paragraph (2)) may grant permission only when it finds it to be appropriate and only before it gives notice to a person who is to be subject to adjudication in the case for a provisional order prior to a ruling, of the fact that the case is now pending before it, or gives notice of a provisional order prior to a ruling.

A provisional order prior to a ruling is to be issued based on a prima facie showing.

The provisions of proviso to Article 74, paragraph (2) do not apply to a provisional order prior to a ruling.

The execution and effect of a provisional order prior to a ruling is governed by the Civil Provisional Remedies Act (Act No. 91 of 1989) and other laws and regulations concerning the execution and effect of a provisional seizure and a provisional disposition. In this case, the phrase "the district court which has jurisdiction over the location of the property to be provisionally seized or the disputed subject matter" in Article 45 of the Act is deemed to be replaced with "the family court before which a case for adjudication of domestic relations on the merits (if a petition for mediation of domestic relations is filed with regard to the matter addressed in a case for adjudication of domestic relations, the case for mediation of domestic relations) is pending (if the case for adjudication of domestic relations is pending before a high court, the court of prior instance)."

A petitioner for a provisional order prior to a ruling (excluding the judicial decision in lieu of a ruling set forth in Article 105, paragraph (2); the same applies in the following paragraph) may file an immediate appeal against a ruling to dismiss the petition; provided, however, that this does not apply to a ruling to dismiss a petition for any of the following provisional orders:

a provisional order for the appointment of an administrator of property or for the instructions on the administration of property, etc. under the provisions of Article 126, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 134, paragraph (1) and Article 143, paragraph (1)), Article 158, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 242, paragraph (3)), and Article 200, paragraph (1); and

a provisional order for the appointment of a person acting as a representative under the provisions of Article 127, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 135, Article 144, Article 181, and Article 225, paragraph (1)), Article 166, paragraph (1) (including the cases where applied mutatis mutandis pursuant to paragraph (5) of the Article), Article 174, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 242, paragraph (3)), Article 175, paragraph (3), and Article 215, paragraph (1).

A person who may file an immediate appeal against a ruling on a petition for adjudication of domestic relations on the merits (excluding a ruling to dismiss a petition) may file an immediate appeal against a provisional order prior to a ruling (excluding a ruling to issue any of the provisional orders set forth in the items of the preceding paragraph).

When an immediate appeal is filed under the provisions of paragraph (2) of the preceding Article, and if a prima facie showing is made with regard to the circumstances which will obviously be the grounds for revocation of the ruling in the prior instance and the likelihood that the execution of the ruling in the prior instance will cause damage that cannot be compensated for, the court in charge of appeal may, upon petition, order a stay of execution of the ruling in the prior instance while requiring the provision of security immediately or on condition that security will be provided or while not requiring it, or order the revocation of a disposition of execution already made while requiring the provision of security immediately or on condition that security will be provided, until a judicial decision on the immediate appeal becomes effective. A family court may also issue these orders while it retains a record of the case for a provisional order prior to a ruling.

The provisions of Article 106, paragraphs (2) and (3) apply mutatis mutandis to the petition set forth in the preceding paragraph.

When a provisional order prior to a ruling has become final and binding, and the grounds for seeking a provisional order have ceased to exist or when otherwise the circumstances have changed thereafter, the family court before which a case for adjudication of domestic relations on the merits (if a petition for the mediation of domestic relations is filed with regard to the matter addressed in a case for adjudication of domestic relations, the case for mediation of domestic relations) is pending or the family court that has made the provisional order prior to a ruling may make a ruling to revoke the provisional order prior to a ruling upon the petition of a person who may file an immediate appeal against a ruling on a petition for adjudication of domestic relations on the merits (excluding a ruling to dismiss a petition) or by its own authority.

Where a case for adjudication of domestic relations on the merits is pending before a high court, that high court makes a judicial decision in lieu of the ruling to revoke a provisional order prior to a ruling set forth in the preceding paragraph.

The provisions of Article 106 and Article 109, paragraphs (1) and (2) apply mutatis mutandis to the ruling to revoke a provisional order prior to a ruling set forth in paragraph (1) and to the judicial decision set forth in the preceding paragraph.

A petitioner for the ruling to revoke a provisional order prior to a ruling set forth in paragraph (1) of the preceding Article may file an immediate appeal against a ruling to dismiss the petition (excluding a ruling to dismiss a petition for revocation of any of the provisional orders set forth in the items of Article 110, paragraph (1)).

A petitioner for a provisional order prior to a ruling may file an immediate appeal against the ruling to revoke a provisional order prior to a ruling set forth in paragraph (1) of the preceding Article (excluding a ruling to revoke any of the provisional orders set forth in the items of Article 110, paragraph (1)), and against a ruling of restoration under the provisions of Article 33 of the Civil Provisional Remedies Act as applied mutatis mutandis pursuant to Article 115.

The provisions of Article 111 apply mutatis mutandis to a stay of execution upon the filing of an immediate appeal under the preceding two paragraphs.

A court clerk must prepare records regarding a date for proceedings for a provisional order prior to a ruling; provided, however, that this does not apply if the presiding judge finds it to be unnecessary to prepare the records.

The provisions of Article 46 do not apply to proceedings for a provisional order prior to a ruling.

The provisions of Article 4 of the Civil Provisional Remedies Act apply mutatis mutandis to the security required in proceedings for a provisional order prior to a ruling; Articles 14, 15, and 20 through 24 of the Act (excluding Article 23, paragraph (4) of the Act) apply mutatis mutandis to a provisional order prior to a ruling; Article 33 of the Act applies mutatis mutandis to a judicial decision to revoke a provisional order prior to a ruling; and Article 34 of the Act applies mutatis mutandis to the ruling to revoke a provisional order prior to a ruling set forth in Article 112, paragraph (1).

In the following cases, a court clerk must, without delay, commission a person who administers affairs relating to family registers or a registry office to make an entry in a family register or make a registration as provided in the Act on Guardianship Registration, etc. (Act No. 152 of 1999), as provided for by the Rules of the Supreme Court; provided, however, that this only applies to the cases specified by the Rules of the Supreme Court as requiring an entry in a family register or registration under the Act to be commissioned to the person or office:

when a ruling on any of the matters set forth in Appended Table 1 or a judicial decision in lieu of the ruling becomes effective; and

when a provisional order prior to a ruling becomes effective or loses its effect.