Domestic Relations Case Procedure Act

A petition for adjudication of domestic relations must be filed by submitting a written petition (hereinafter referred to as a "written petition for adjudication of domestic relations") to a family court.

A written petition for adjudication of domestic relations must state the following matters:

the party (parties) and the legal representative(s); and

the object of and reasons for the petition.

When a petitioner seeks a ruling on two or more matters, and if the proceedings for adjudication of domestic relations regarding these matters are of the same kind and these matters are based on the same factual and legal cause, the petitioner may seek the ruling by filing a single petition.

When a written petition for adjudication of domestic relations is in violation of the provisions of paragraph (2), the presiding judge must specify a reasonable period and order that the defect should be corrected within that period.

In the case referred to in the preceding paragraph, if the petitioner fails to correct the defect, the presiding judge, by a direction, must dismiss the written petition for adjudication of domestic relations.

An immediate appeal may be filed against the direction set forth in the preceding paragraph.

The provisions of Article 137-2 of the Code of Civil Procedure apply mutatis mutandis when the petitioner does not pay fees for filing a petition for adjudication of domestic relations pursuant to the provisions of the Act on the Costs of Civil Proceedings (Act No. 40 of 1971).

A petitioner may amend the object of or reasons for petition unless there is any change to the basis for the petition; provided, however, that this does not apply after proceedings have been concluded pursuant to the provisions of Article 71 (including the cases where applied mutatis mutandis pursuant to Article 188, paragraph (4)).

An amendment to the object of or reasons for a petition must be made in writing except when it is made on a date for proceedings for adjudication of domestic relations.

If an amendment to the object of or reasons for a petition is unlawful, the family court must make a judicial decision not to permit the amendment.

If an amendment to the object of or reasons for a petition would substantially delay proceedings for adjudication of domestic relations, the family court may make a judicial decision not to permit the amendment.

A family court may summon a person concerned with a case on a date for proceedings for adjudication of domestic relations.

A person concerned with a case who is summoned must appear on a date for proceedings for adjudication of domestic relations; provided, however, that the person may have a representative appear on the person's behalf if there are unavoidable circumstances.

If the person concerned with the case set forth in the preceding paragraph does not appear without justifiable grounds, the family court punishes the person by a non-criminal fine of up to 50,000 yen.

On a date for proceedings for adjudication of domestic relations, the presiding judge controls the proceedings.

The presiding judge may permit a person to speak or prohibit a person who does not comply with direction from speaking.

When a party makes an objection to a direction issued by the presiding judge with regard to the judge's control of proceedings on a date for proceedings for adjudication of domestic relations, the family court makes a judicial decision on such objection.

A family court may have an authorized judge conduct proceedings on a date for proceedings for adjudication of domestic relations; provided, however, that with regard to the investigation of facts and examination of evidence, this is allowed only when an authorized judge may examine facts or examine evidence pursuant to the provisions of Article 61, paragraph (3) or the provisions of Part II, Chapter IV, Sections 1 through 6 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 64, paragraph (1).

In the case referred to in the preceding paragraph, the authorized judge performs the duties of the family court and the presiding judge.

A family court may, when it finds it to be appropriate, after hearing the opinions of the parties, conduct proceedings on a date for proceedings for adjudication of domestic relations (excluding the examination of evidence) by means that enables the family court and both parties to communicate simultaneously with one another by audio transmissions, as provided for in the Rules of the Supreme Court.

A party who has participated in the proceedings set forth in the preceding paragraph without appearing on a date for proceedings for adjudication of domestic relations is deemed to have appeared on that date.

The provisions of Article 154 of the Code of Civil Procedure apply mutatis mutandis to the attendance of an interpreter, etc. on a date for proceedings for adjudication of domestic relations, and the provisions of Article 155 of the Code apply mutatis mutandis to the measures for a party, interested party intervenor, representative or assistant in court who is unable to make such statements as necessary to clarify the matters relating to proceedings for adjudication of domestic relations.

A family court must investigate facts by its own authority and must examine evidence as it finds necessary upon petition or by its own authority.

A party is to cooperate in the investigation of facts and examination of evidence in order to achieve appropriate and swift proceedings and adjudication.

A prima facie showing must be made by materials that can be examined immediately.

A family court may have a family court investigating officer examine facts.

If there are pressing circumstances, the presiding judge may have a family court investigating officer examine facts.

A family court investigating officer is to report the results of the examination of facts to the family court in writing or orally.

A family court investigating officer may attach their own opinions to the report under the provisions of the preceding paragraph.

A family court may, when it finds it to be necessary, have a family court investigating officer attend on a date for proceedings for adjudication of domestic relations.

A family court may, when it finds it to be necessary, have the family court investigating officer, who attends on a date for proceedings pursuant to the provisions of the preceding paragraph, state their own opinion.

A family court may, when it finds it to be appropriate, after hearing the opinions of the parties, on a date for proceedings for adjudication of domestic relations, by means that enables the family court and both parties to communicate simultaneously with the family court investigating officer by audio transmissions as provided for in the Rules of the Supreme Court, have the family court investigating officer attend the date for proceedings for adjudication of domestic relations and state the opinion referred to in the preceding paragraph on that date.

When a family court, in connection with the processing of a case for adjudication of domestic relations, finds it to be necessary in order to coordinate the family environment and other environments of a person concerned with the case, it may have a family court investigating officer communicate with a social welfare organization or take other measures.

If there are pressing circumstances, the presiding judge may have a family court investigating officer take the measures set forth in the preceding paragraph.

A family court may, when it finds it to be necessary, have a technical official of the court, who is a physician, diagnose the physical and mental condition of a person concerned with a case.

The provisions of Article 58, paragraphs (2) through (4) apply mutatis mutandis to the diagnosis set forth in the preceding paragraph, and the provisions of paragraphs (1) through (3) of the preceding Article apply mutatis mutandis to the attendance on a date for proceedings and statement of opinions by a technical official of the court.

A family court may commission another family court or a summary court to investigate facts.

When a commissioned judge who performs duties as commissioned under the provisions of the preceding paragraph finds it to be appropriate for another family court or a summary court to examine facts, the judge may further commission the other court to investigate facts.

A family court may, when it finds it to be appropriate, have an authorized judge investigate facts.

When a commissioned judge or authorized judge investigates facts pursuant to the provisions of the preceding three paragraphs, the respective judge performs the duties of the family court and the presiding judge.

A family court may commission a government agency, public officer or any other entity as it finds appropriate to conduct the necessary examination, or may request a bank, a trust company or the employer of a person concerned or any other person to make the necessary report concerning the deposits, trust property, income, or other matters regarding a person concerned.

When an investigation of facts is conducted and a family court finds that the results thereof could cause a material change to a party's engagement in conducting proceedings for adjudication of domestic relations, the family court must give notice to that effect to the party and an interested party intervenor.