Domestic Relations Case Procedure Act

With regard to the examination of evidence in proceedings for adjudication of domestic relations, the provisions of Part II, Chapter 4, Sections 1 through 6 of the Code of Civil Procedure (excluding Articles 179 and 182, Article 185, paragraph (3), Articles 187 through 189, Article 205, paragraph (2), Article 207, paragraph (2), Article 208, Article 215, paragraph (2), Article 224 (including the cases applied mutatis mutandis pursuant to Article 229, paragraph (2) and Article 232, paragraph (1) of the Code), Article 227, paragraph (2), Article 229, paragraph (4) and Article 232-2 of the Code) apply mutatis mutandis. In this case, the phrase "the information given in a paper document under paragraph (1), or the information recorded in the court's computer files or the information recorded in a recording medium under the preceding paragraph" in Article 205, paragraph (3) of the Code and the phrase "the information detailed in a document under paragraph (1), or the information recorded in the court's computer files pursuant to the provisions of paragraph (2) or the particulars recorded in a recording medium as referred to in that paragraph" in Article 215, paragraph (4) of the Code are deemed to be replaced with "information"; in Article 231-2, paragraph (2) of the Code, the phrase "a recording medium on which the electronic or magnetic record has been recorded or by using an Electronic Data Processing System as specified by the Rules of the Supreme Court" is deemed to be replaced with "a recording medium on which the electronic or magnetic record has been recorded"; and in Article 231-3, paragraph (2) of the Code, the phrase "submitting or sending a recording medium on which the electronic or magnetic record has been stored or by using an Electronic Data Processing System as specified by the Rules of the Supreme Court" is deemed to be replaced with "submitting or sending a recording medium on which the electronic or magnetic record has been stored".

An immediate appeal under the provisions of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding paragraph has the effect of a stay of execution.

If a party falls under any of the following items, the family court punishes the party by a non-criminal fine of up to 200,000 yen:

when the party does not comply with an order to submit issued under the provisions of Article 223, paragraph (1) of the Code of Civil Procedure (including the cases where applied mutatis mutandis pursuant to Article 231 and Article 231-3, paragraph (1) of the Code) as applied mutatis mutandis pursuant to paragraph (1), or where the party, without justifiable grounds, does not comply with an order to submit issued under the provisions of Article 223, paragraph (1) of the Code as applied mutatis mutandis pursuant to Article 232, paragraph (1) of the Code as applied mutatis mutandis pursuant to paragraph (1); or

when the party, for the purpose of obstructing the examination of documentary evidence, causes a document that must be submitted under the provisions of Article 220 of the Code of Civil Procedure (including the cases where applied mutatis mutandis pursuant to Article 231 and Article 231-3, paragraph (1) of the Code) as applied mutatis mutandis pursuant to paragraph (1) (including an object equivalent to a document as prescribed in Article 231 of the Code and an electronic or magnetic record as prescribed in Article 231-2 of the Code) to be lost or otherwise renders it unusable, or where the party, for the purpose of obstructing observation, causes the subject matter of the observation to be lost or otherwise renders it unusable.

If a party falls under any of the following items, the family court punishes them by a non-criminal fine of up to 100,000 yen:

when the party, without justifiable grounds, does not comply with an order to submit issued under the provisions of Article 223, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 229, paragraph (2) of the Code (including the cases where applied mutatis mutandis pursuant to Article 231 of the Code) as applied mutatis mutandis pursuant to paragraph (1);

when the party causes a document or any other object, which shows a person's handwriting or an impression of a seal to be used for comparison, to be lost or otherwise renders it unusable, for the purpose of obstructing the use for comparison; or

when the party, without justifiable grounds, does not comply with an order issued under the provisions of Article 229, paragraph (3) of the Code of Civil Procedure (including the cases where applied mutatis mutandis pursuant to Article 231 of the Code) as applied mutatis mutandis pursuant to paragraph (1), or where the party writes letters to be used for comparison under the order, with a style of handwriting that is different from the party's own.

When a family court examines a party, it may order that party to appear on a date for proceedings for adjudication of domestic relations.

The provisions of Articles 192 through 194 of the Code of Civil Procedure apply mutatis mutandis when a party who is ordered to appear pursuant to the provisions of the preceding paragraph does not appear without justifiable grounds, and the provisions of Article 209, paragraphs (1) and (2) of the Code apply mutatis mutandis when a party appears but refuses to swear under oath or make statements without justifiable grounds.

In proceedings for adjudication of domestic relations regarding a parent and child, parental authority or guardianship of a minor, or in proceedings for adjudication of domestic relations, the outcome of which would affect a minor (including a minor ward; hereinafter the same applies in this Article), the family court must try to understand the intentions of the child by hearing statements from the child, having a family court investigating officer conduct an examination or using any other appropriate methods, and to take the child's intentions into consideration in adjudicating the case, according to the child's age or degree of development.

Adjudication cases regarding the matters set forth in Appended Table 2 are subject to the jurisdiction of a family court determined by agreement between the parties, in addition to a family court determined pursuant to other provisions of this Act.

The provisions of Article 11, paragraphs (2) and (3) of the Code of Civil Procedure apply mutatis mutandis to the agreement set forth in the preceding paragraph.

When a petition for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2 is filed, the family court must send a copy of a written petition for adjudication of domestic relations to the respondent, except when the petition is unlawful or the petition is clearly groundless; provided, however, that if it is found that there is a risk of interfering with smooth progress in the proceedings for adjudication of domestic relations, the family court may give notice to the respondent of the fact that a petition for adjudication of domestic relations is filed, in lieu of sending a copy of a written petition for adjudication of domestic relations.

The provisions of Article 49, paragraphs (4) through (6) apply mutatis mutandis when it is impossible to send a copy of a written petition for adjudication of domestic relations or to give notice in lieu of sending the copy under the provisions of the preceding paragraph.

When the presiding judge specifies a reasonable period and orders a petitioner to prepay costs for sending a copy of a written petition for adjudication of domestic relations or for giving notice in lieu of sending such copy under the provisions of paragraph (1), but the costs are not prepaid, the presiding judge must, by a direction, dismiss the written petition for adjudication of domestic relations.

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

In proceedings for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2, the family court must hear statements from a party, except when the petition is unlawful or the petition is clearly groundless.

Upon the request of a party, the family court must hear the party's statements as provided for in the provisions of the preceding paragraph on the hearing date.

In proceedings for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2, when the family court investigates facts by holding a hearing on a date set therefor and hearing statements from a party, another party may attend the hearing on the date; provided, however, that this does not apply if it is found that the attendance of the other party at the hearing on the date is likely to interfere with the investigation of facts.

When a family court has investigated the facts in proceedings for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2, it must give notice to that effect to a party and an interested party intervenor, except when it finds it not to be particularly necessary to do so.

In proceedings for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2, the family court must specify a date for concluding the proceedings, while leaving a reasonable grace period until the date, except when the petition is unlawful or the petition is clearly groundless; provided, however, that on a date for proceedings for adjudication of domestic relations on which both parties can attend, the family court may declare the conclusion of the proceedings immediately.

When a family court concludes proceedings under the provisions of the preceding Article, it must specify a date for making a ruling.

When a case for adjudication of domestic relations is ready for making a judicial decision, the family court makes a ruling.

When part of a case for adjudication of domestic relations is ready for making a judicial decision, the family court may make a ruling for the part of the case. The same applies when one of the cases for adjudication of domestic relations for which consolidation of proceedings has been ordered is ready for making a judicial decision.

Except as otherwise provided, notice of a ruling must be given to parties and an interested party intervenor as well as any other person subject to adjudication, by means considered to be appropriate.

Except as otherwise provided, a ruling (excluding a ruling to dismiss a petition) becomes effective when notice thereof is given to a person subject to adjudication (if there are two or more persons subject to adjudication, one of these persons); provided, however, that a ruling against which an immediate appeal may be filed will not be effective unless it becomes final and binding.

A ruling to dismiss a petition becomes effective when notice thereof is given to the petitioner.

A ruling is not to become final and binding prior to the expiration of the period for filing an immediate appeal.

The process of a ruling becoming final and binding is interrupted by an immediate appeal filed during the period set forth in the preceding paragraph.

A ruling to order the payment of money, delivery of an object, performance of an obligation to register or performance of any other act has the same effect as an enforceable title of obligation.

A ruling must be made by preparing a written ruling; provided, however, that in making a ruling against which an immediate appeal may not be filed, the main text of a ruling may be stated in the written petition for adjudication of domestic relations or in a record, in lieu of preparing a written ruling.

A written ruling must state the following matters:

the main text;

the essentials of the reasons;

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

the court.

If there is a miscalculation, clerical error, or any other clear error similar thereto in a ruling, the family court may, upon petition or by its own authority, make a ruling of correction at any time.

A ruling of correction must be made by preparing a written judgment.

An immediate appeal may be filed against a ruling of correction only by a person who may file an immediate appeal on the assumption that the corrected ruling is the original ruling.

An immediate appeal may be filed against a judicial decision to dismiss the petition set forth in paragraph (1) as unlawful.

When a lawful immediate appeal is filed against a ruling, the immediate appeal set forth in the preceding two paragraphs may not be filed.