Domestic Relations Case Procedure Act

Adjudication cases regarding parental authority are subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the child (in the case of a petition for the designation or change of a person who has parental authority, for the designation of a person exercising parental authority alone, or for a disposition regarding the administration of property offered to a child by a third party with respect to two or more children who have the same father or mother, one of the children).

The provisions of Article 118 apply mutatis mutandis to the persons specified in the following items in the adjudication cases set forth respectively in these items (including adjudication cases for a provisional order sought by designating the adjudication cases set forth in items (iii), (vii) and (viii) as cases on the merits):

an adjudication case for the appointment of a special representative for a child (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (65)):the child;

an adjudication case for a disposition regarding the administration of property offered to a child by a third party (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (66); the same applies in Article 173):the child;

an adjudication case for the loss of parental authority, suspension of parental authority, or loss of right to manage assets (meaning an adjudication case regarding the matters as set forth in Appended Table 1, row (67)):the child and the child's parents;

an adjudication case for the revocation of a ruling of the loss of parental authority, suspension of parental authority, or loss of right to manage assets (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (68)):the child and the child's parents;

an adjudication case for permission for the surrender or resumption of parental authority or right to manage assets (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (69)):the child and the child's parents;

an adjudication case for the designation of a person who is to have parental authority over an adopted child after the dissolution of an adoptive relationship (meaning an adjudication case regarding the matters set forth in Appended Table 2, row (7)):the adopted child and the adopted child's parents and adoptive parents; and

an adjudication case for the designation or change of a person who has parental authority (meaning an adjudication case regarding the matters set forth in Appended Table 2, row (8)):the child and the child's parents.

an adjudication case for the designation of a person exercising parental authority alone (meaning an adjudication case regarding the matters set forth in Appended Table 2, row (8-2)):the child and the child's parents.

When making the rulings set forth in the following items, the family court must hear statements from the persons specified respectively in these items (in items (i), (ii), and (iv), excluding the petitioner). In this case, it must hear statements from the person who has parental authority over the child set forth in item (i) on a hearing date:

a ruling of the loss of parental authority, suspension of parental authority, or loss of right to manage assets:the child (limited to a child of 15 years of age or older), and the person who has parental authority over the child;

a ruling to revoke a ruling of the loss of parental authority, suspension of parental authority, or loss of right to manage assets:the child (limited to a child of 15 years of age or older), the person who exercises parental authority over the child, a guardian of the minor of the child, and a person who has lost parental authority, is subject to the suspension of parental authority, or has lost the right to manage assets;

a ruling of permission for the surrender of parental authority or right to manage assets:the child (limited to a child of 15 years of age or older); and

a ruling of permission for the resumption of parental authority or right to manage assets:the child (limited to a child of 15 years of age or older), the person who exercises parental authority over the child, and a guardian of a minor.

When making a ruling of the designation or change of a person who has parental authority or the designation of a person exercising parental authority alone, the family court must hear statements from the child (limited to a child of 15 years of age or older), in addition to hearing statements from a party pursuant to the provisions of Article 68.

A petition for the designation of a person who has parental authority may not be withdrawn without permission from the family court, even before a ruling is made.

In proceedings for a ruling of the designation of a person who has parental authority, the family court may specify a reasonable period and order the petitioner to submit, within that period, a document certifying that the parents have divorced.

In the case referred to in the preceding paragraph, if the petitioner does not submit the document prescribed in that paragraph within that period, the family court may dismiss the petition for a ruling of the designation of a person who has parental authority.

Notice of the rulings set forth in the following items must be given to the persons specified respectively in these items, beyond the persons prescribed in Article 74, paragraph (1); provided, however, that this does not apply when the family court finds that the notice would harm the interest of a child in consideration of the child's age, degree of development, and all other circumstances:

a ruling of the loss of parental authority, suspension of parental authority or loss of right to manage assets:the child; and

a ruling to revoke a ruling of the loss of parental authority, suspension of parental authority or loss of right to manage assets:the child, the person who exercises parental authority over the child, and a guardian of a minor.

In a ruling of the designation or change of a person who has parental authority or the designation of a person exercising parental authority alone, the family court may order a party to surrender custody of the child or provide property benefit or perform any other act.

An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items (in items (i) through (iii) and (v), excluding the petitioner):

a ruling of the loss of parental authority:the person who loses parental authority and said person's relative;

a ruling of the suspension of parental authority:the person who is subject to the suspension of parental authority and the person's relative;

a ruling of the loss of right to manage assets:the person who loses the right to manage assets and the person's relative;

a ruling to dismiss a petition for the loss of parental authority, suspension of parental authority, or loss of right to manage assets:the petitioner, the child and the child's relative, a guardian of the minor, and a supervisor of a guardian of the minor;

a ruling to revoke a ruling of the loss of parental authority, suspension of parental authority, or loss of right to manage assets:the child and the child's relative, the person who exercises parental authority over the child, a guardian of the minor, and a supervisor of a guardian of the minor;

a ruling to dismiss a petition for the revocation of a ruling of the loss of parental authority, suspension of parental authority, or loss of right to manage assets:the petitioner, as well as the person who has lost parental authority, is subject to the suspension of parental authority, or has lost the right to manage assets and the person's relative;

a ruling to dismiss a petition for permission for the resumption of parental authority or right to manage assets:the petitioner;

a ruling of the designation of a person who is to have parental authority over an adopted child after the dissolution of an adoptive relationship:the parents of the adopted child and the person who has custody of the adopted child;

a ruling to dismiss a petition for the designation of a person who is to have parental authority over an adopted child after the dissolution of an adoptive relationship:the petitioner, the parents of the adopted child, and the person who has custody of the adopted child; and

a ruling of the designation or change of a person who has parental authority, and a ruling to dismiss the petition for the ruling:the parents of the child and the person who has custody of the child.

a ruling of the designation of a person exercising parental authority alone and a ruling to dismiss the petition for the ruling:the parents of the child.

The period for filing the immediate appeals set forth in the following items runs from the dates specified respectively in these items:

an immediate appeal filed against a ruling of the loss of parental authority, suspension of parental authority, or loss of right to manage assets, filed by a person other than a person who receives notice of a ruling and by a child: the day on which the person who loses parental authority, is subject to the suspension of parental authority, or loses the right to manage assets has received notice of a ruling; or

an immediate appeal against a ruling to revoke a ruling of the loss of parental authority, suspension of parental authority or loss of the right to manage assets, filed by a person other than a person who receives notice of a ruling and by a child:the day on which the person who has lost parental authority, is subject to the suspension of parental authority, or has lost the right to manage assets has received notice of a ruling.

The provisions of Article 125 apply mutatis mutandis to an adjudication case for a disposition regarding the administration of property offered to a child by a third party.

When a petition for the loss of parental authority, suspension of parental authority, or loss of the right to manage assets is filed, and when the family court (or a high court in the case set forth in Article 105, paragraph (2); the same applies in this Article and the following Article) finds it to be necessary in the interests of a child, the family court may, upon the petition of the person who has filed the petition, suspend the performance of duties by the person who has parental authority over the child or appoint a person acting as the representative thereof, until a ruling on the petition for the loss of parental authority, suspension of parental authority or loss of right to manage assets becomes effective.

A ruling to suspend the performance of duties by a person who has parental authority under the provisions of the preceding paragraph becomes effective when notice thereof is given to the person who has parental authority who is to be suspended from performing duties, the person who exercises parental authority over the child, or a person acting as a representative appointed pursuant to the provisions of the paragraph.

A family court may, at any time, replace a person acting as a representative appointed pursuant to the provisions of paragraph (1), with another.

A family court may grant reasonable remuneration to a person acting as a representative appointed pursuant to the provisions of paragraph (1) or a person acting as a representative appointed as a replacement pursuant to the preceding paragraph, out of the property of the child.

When a petition for adjudication or mediation regarding the designation or change of a person who has parental authority or the designation of a person exercising parental authority alone is filed, and when it is necessary for the preservation of a compulsory execution or the prevention of an imminent danger to a child or any other interested party, the family court may, upon the petition of the person who has filed the petition, issue an order for a provisional disposition or any other necessary provisional order by designating the adjudication case for the designation or change of a person who has parental authority or the designation of a person exercising parental authority alone as a case on the merits.

When issuing an order for a provisional disposition to determine a provisional status pursuant to the provisions of the preceding paragraph, the family court must hear statements from the child (limited to a child of 15 years of age or older), in addition to hearing statements from a person who is to be subject to adjudication pursuant to the provisions of Article 107; provided, however, that this does not apply when there are circumstances where taking the step of hearing the child's statements makes it impossible to achieve the purpose of the petition for a provisional order.

When a petition for adjudication or mediation regarding the designation or change of a person who has parental authority is filed, and when it is necessary in the interests of a child, the family court may, upon the petition of the person who has filed the petition, suspend the performance of duties by the person who has parental authority or appoint a person acting as the representative thereof, until a ruling on the petition for the designation or change of a person who has parental authority becomes effective.

A ruling to suspend the performance of duties by a person who has parental authority under the provisions of the preceding paragraph becomes effective when notice thereof is given to the person who has parental authority who is to be suspended from performing duties, the person who exercises parental authority over the child, or a person acting as a representative appointed pursuant to the provisions of the paragraph.

A family court may, at any time, replace a person acting as a representative appointed pursuant to the provisions of paragraph (3), with another.

A family court may grant reasonable remuneration to a person acting as a representative appointed pursuant to the provisions of paragraph (3) or a person acting as a representative appointed as a replacement pursuant to the provisions of the preceding paragraph, out of the property of the child.