Domestic Relations Case Procedure Act

A petition for mediation of domestic relations must be filed by submitting a written petition (referred to as a "written petition for mediation of domestic relations" in the following paragraph and the following Article) to a family court.

A written petition for mediation 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.

An immediate appeal may be filed against a ruling to dismiss a petition for mediation of domestic relations as unlawful.

The provisions of Article 49, paragraphs (3) through (6) and Article 50 (excluding the proviso to paragraph (1)) apply mutatis mutandis to a petition for mediation of domestic relations. In this case, the term "paragraph (2)" in Article 49, paragraph (4) is deemed to be replaced with "Article 255, paragraph (2)".

When a petition for mediation of domestic relations is filed, the family court must send a copy of a written petition for mediation of domestic relations to the respondent, except when the petition is unlawful or when it closes the case for mediation of domestic relations pursuant to the provisions of Article 271 without holding a date for proceedings for mediation of domestic relations; provided, however, that if it is found that there is a risk of interfering with the smooth progress in proceedings for mediation of domestic relations, the family court may give notice to the respondent of the fact that a petition for mediation of domestic relations is filed, in lieu of sending a copy of a written petition for mediation 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 mediation of domestic relations or to give notice in lieu of sending the copy under the provisions of the preceding paragraph, and the provisions of Article 67, paragraphs (3) and (4) apply mutatis mutandis to the prepayment of costs for sending a copy of a written petition for mediation of domestic relations or for giving notice in lieu of sending the copy under the provisions of the preceding paragraph.

A person who intends to file an action on a case where a mediation may be possible pursuant to the provisions of Article 244 must first file a petition for mediation of domestic relations with a family court.

When a person files an action on the case set forth in the preceding paragraph without filing a petition for mediation of domestic relations, the court must, by its own authority, refer the case to a mediation of domestic relations; provided, however, that this does not apply when the court finds it to be inappropriate to refer the case to mediation.

When the court refers a case pursuant to the provisions of the preceding paragraph, it must have the case processed by a family court which has jurisdiction over the case; provided, however, that when it finds it to be particularly necessary in order to process a case for mediation of domestic relations, it may have the case processed by a family court other than the family court which has jurisdiction over the case.

The provisions of Articles 41 through 43 apply mutatis mutandis to the intervention in or exclusion from proceedings for mediation of domestic relations; the provisions of Article 44 apply mutatis mutandis to the taking over of proceedings for the mediation of domestic relations; the provisions of Articles 51 through 55 apply mutatis mutandis to a date for proceedings for mediation of domestic relations; the provisions of Articles 56 through 62 and Article 64 apply mutatis mutandis to the investigation of facts and examination of evidence in proceedings for mediation of domestic relations; the provisions of Article 65 apply mutatis mutandis to understanding the intention of a child, etc. in proceedings for mediation of domestic relations; the provisions of Articles 73, 74, 76 (excluding the proviso to paragraph (1)), 77, and 79 apply mutatis mutandis to a ruling regarding mediation of domestic relations; and the provisions of Article 81 apply mutatis mutandis to a judicial decision other than a ruling regarding mediation of domestic relations.

A court that is commissioned to examine the facts in proceedings for mediation of domestic relations pursuant to the provisions of Article 61, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph may, when it finds it to be appropriate, have a court clerk conduct the investigation of facts as commissioned; provided, however, that this does not apply when a commissioned family court finds it to be appropriate to have a family court investigating officer conduct the examination of facts as commissioned.

The provisions of Article 152-2 apply mutatis mutandis to a mediation case for a disposition regarding cooperation and mutual assistance between a husband and wife, a mediation case for a disposition regarding the sharing of living expenses (meaning a mediation case regarding the matters set forth in Appended Table 2, row (2)), a mediation case for a disposition regarding the custody of a child (limited to a mediation case for a disposition regarding the sharing of expenses required for the custody of a child), a mediation case for a disposition regarding the division of property (meaning a mediation case regarding the matters set forth in row (4) of that table), and a mediation case regarding divorce; the provisions of Article 152-3 apply mutatis mutandis to a mediation case for a disposition regarding the custody of a child (excluding a mediation case for a disposition regarding the sharing of expenses required for the custody of a child) and a mediation case regarding divorce; and the provisions of Article 184-2 apply mutatis mutandis to a mediation case for a determination of the extent or method of support, and change or revocation of the determination (meaning a mediation case regarding the matters set forth in row (10) of that table), respectively.

Proceedings for mediation of domestic relations conducted by a mediation committee are subject to the control of a judge who composes the mediation committee.

When a mediation committee conducts a mediation of domestic relations, the power of a court in relation to the following matters is exercised by the mediation committee:

permission, etc. for a counsel under the provisions of Article 22;

permission, etc. for an assistant in court under the provisions of Article 60, paragraphs (1) and (2) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 27;

permission for attendance under the provisions of proviso to Article 33;

consolidation of proceedings, etc. under the provisions of Article 35;

amendment to a petition under the provisions of Article 50, paragraphs (3) and (4) as applied mutatis mutandis pursuant to the provisions of Article 255, paragraph (4); and

intervention in proceedings under the provisions of Article 41, paragraphs (1) and (2) and Article 42, paragraphs (1) through (3) and (5), exclusion from proceedings under the provisions of Article 43, paragraph (1), taking over of proceedings under the provisions of Article 44, paragraphs (1) and (3), summoning a person concerned with a case under the provisions of Article 51, paragraph (1), conducting proceedings by the method of communication through audio transmissions under the provisions of Article 54, paragraph (1), and the investigation of facts and examination of evidence (excluding the particulars concerning a non-criminal fine and subpoena) under the provisions of Article 56, paragraph (1), Article 59, paragraphs (1) through (3) (including the cases where applied mutatis mutandis pursuant to Article 60, paragraph (2)), Article 61, paragraph (1), Article 62, and Article 64, paragraph (5), as well as under the provisions of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 64, paragraph (1), as applied mutatis mutandis pursuant to Article 258, paragraph (1).

When a mediation committee conducts proceedings for mediation of domestic relations, the power of the presiding judge in relation to the appointment, etc. of a counsel under the provisions of Article 23, paragraphs (1) and (2), the designation of a date for proceedings under the provisions of Article 34, paragraph (1), and the preparation of a record under the provisions of the proviso to Article 253 is exercised by a judge who composes the mediation committee.

A judge who composes a mediation committee may, by a resolution of the mediation committee, investigate facts and examine evidence.

In the case referred to in the preceding paragraph, a judge may have a family court investigating officer examine facts or 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 (3) and (4) apply mutatis mutandis to the investigation of facts and the diagnosis of the physical and mental condition of the person under the provisions of the preceding paragraph.

In the case referred to in paragraph (1), a judge may, when the judge finds it to be appropriate, have a court clerk investigate facts; provided, however, that this does not apply when the judge finds it to be appropriate to have a family court investigating officer examine facts.

A judge who composes a mediation committee may, by a resolution of the mediation committee, have a family court investigating officer take the measures under the provisions of Article 59, paragraph (4).

A mediation committee may, when it finds it to be appropriate, have a domestic relations mediation commissioner who composes the mediation committee investigate facts; provided, however, that this does not apply when it finds it to be appropriate to have a family court investigating officer examine the facts.

A mediation committee may commission another family court or a summary court to hear the opinion of a party concerned with a case with regard to the resolution of a dispute.

A family court that is commissioned to hear opinions under the provisions of the preceding paragraph may, when it finds it to be appropriate, have a domestic relations mediation commissioner hear opinions as commissioned.

A mediation committee may, when it finds it to be necessary, hear the opinions of a domestic relations mediation commissioner who is not a member of the mediation committee, based on the commissioner's expert knowledge and experience.

A domestic relations mediation commissioner whose opinions are heard pursuant to the provisions of the preceding paragraph is designated by a family court.

A domestic relations mediation commissioner who is designated under the provisions of the preceding paragraph is to attend a mediation committee and state opinions.

A mediation committee may mediate a case at an appropriate place outside a court, in consideration of the circumstances of the case.

While a case for mediation of domestic relations is pending, a mediation committee may issue a disposition that it finds to be necessary for mediation.

If there are pressing circumstances, a judge who composes a mediation committee may order the disposition set forth in the preceding paragraph (hereinafter referred to as a "disposition prior to mediation").

A disposition prior to mediation does not have enforceability.

If a party or interested party intervenor who has been ordered to take a necessary measure as a disposition prior to mediation does not comply with the order without justifiable grounds, a family court punishes the party or interested party intervenor by a non-criminal fine of up to 100,000 yen.