Domestic Relations Case Procedure Act

With regard to domestic relations cases for which jurisdiction is determined by the place of domicile of a person, if the person has no domicile in Japan or the person's domicile is unknown, the case is subject to the jurisdiction of the family court which has jurisdiction over the person's place of residence, and if the person has no residence in Japan or the person's residence is unknown, the case is subject to the jurisdiction of the family court which has jurisdiction over the person's last place of domicile.

If two or more family courts have jurisdiction over a domestic relations case pursuant to other provisions of this Act, the domestic relations case is subject to the jurisdiction of the family court that first received a petition or commenced proceedings by its own authority.

If a court with jurisdiction is unable to exercise its jurisdiction de jure or de facto, its immediate upper instance court determines the court with jurisdiction upon petition or by its own authority.

If a court with jurisdiction is not determined due to unclarity of jurisdictional area divisions, the immediate upper instance court common to the relevant courts determines the court with jurisdiction upon petition or by its own authority.

No appeal may be entered against a judicial decision to determine a court with jurisdiction pursuant to the provisions of the preceding two paragraphs.

If jurisdiction over a domestic relations case is not determined pursuant to other provisions of this Act, the domestic relations case is subject to the jurisdiction of the family court having the jurisdiction over the location of the properties which may be involved in the matter for which adjudication or mediation is sought, or over a place specified by the Rules of the Supreme Court.

The jurisdiction of a court is determined on the basis of the time when a petition for adjudication of domestic relations or mediation of domestic relations is filed or when a court commences the proceedings of a domestic relations case by its own authority.

When a court finds that the whole or part of a domestic relations case is not subject to its jurisdiction, it transfers the case to a court with jurisdiction upon petition or by its own authority; provided, however, that when a family court finds it to be particularly necessary in order to handle a domestic relations case, it may transfer the whole or part of the domestic relations case to a family court other than the family court which has jurisdiction over the case, or may process the case by itself.

Even where a domestic relations case is subject to the jurisdiction of a family court, if any of the grounds set forth in the following items exists, the family court may, by its own authority, transfer the whole or part of the domestic relations case to the family court specified respectively in these items:

when the family court finds it to be necessary to transfer the domestic relations case in order to avoid delaying the proceedings of the case or finds it to be appropriate to do so for any other reasons:the family court that is not vested with jurisdiction over the case pursuant to the provisions of Article 5; or

when the family court finds it to be particularly necessary to transfer the domestic relations case in order to process the case:a family court other than the court set forth in the preceding item.

An immediate appeal may be filed against a judicial decision of transfer under the provisions of the preceding two paragraphs and a judicial decision to dismiss the petition set forth in paragraph (1).

An immediate appeal against a judicial decision of transfer under the provisions of the preceding paragraph has the effect of a stay of execution.

The provisions of Article 22 of the Code of Civil Procedure apply mutatis mutandis to a judicial decision of transfer of a domestic relations case.