Domestic Relations Case Procedure Act

In the following cases, a judge is disqualified from fulfilling the judge's duties; provided, however, that in the case set forth in item (vi), this does not preclude a judge from fulfilling the judge's duties as a commissioned judge based on a commission from another court:

where a judge or the judge's spouse or a person who was the judge's spouse is a party to the case or any other person who is to be subject to adjudication (meaning a person who is to be subject to adjudication when a ruling is made (excluding a ruling to dismiss a petition); the same applies hereinafter), or is related to such party or person in relation to the case as a joint obligee, joint obligor, or obligor for redemption;

when a judge is or was a blood relative within the fourth degree or relative by marriage within the third degree of, or relative living together with, a party to the case or any other person who is to be subject to adjudication;

when a judge is a guardian, supervisor of a guardian, curator, supervisor of a curator, assistant, or supervisor of an assistant for a party to the case or any other person who is to be subject to adjudication;

when a judge has served as a witness or appraiser or is to be heard in relation to the case;

when a judge is or has been a representative or assistant in court of a party to the case or any other person who is to be subject to adjudication; and

when a judge has participated in making an arbitral award in relation to the case or participated in making a judicial decision in the prior instance against which an appeal has been entered.

If any of the grounds for disqualification prescribed in the preceding paragraph exist, the court makes a judicial decision of disqualification upon petition or by its own authority.

If there are circumstances with regard to a judge that would prejudice the impartiality of a judicial decision or mediation, a party may challenge the judge.

If a party has argued a case before a judge, the party may not challenge that judge; provided, however, that this is not the case if the party did not know the grounds for a challenge had already existed or they came about afterwards.

A judicial decision of disqualification or a challenge to a judge who is a member of a panel or a single judge of a family court is to be made by the court to which the judge belongs, and a judicial decision on the disqualification or a challenge to a judge of a summary court who is to serve as a commissioned judge are to be made by the district court which has jurisdiction over the venue of that summary court.

The judicial decision in a family court and a district court as set forth in the preceding paragraph is to be made by a panel.

A judge may not participate in the judicial proceeding on the disqualification or a challenge to themselves.

When a motion for disqualification or challenge is filed, the proceedings of the domestic relations case must be stayed until the judicial decision on the motion becomes final and binding; provided, however, that this does not apply to any urgent action.

The provisions of paragraph (3) do not apply when dismissing a motion for a challenge on any of the following grounds:

when it is clear that the motion for recusal is filed merely for the purpose of delaying the proceedings of the domestic relations case;

when the motion is in violation of the provisions of paragraph (2) of the preceding Article; or

when the motion is in violation of a procedure specified by the Rules of the Supreme Court.

Notwithstanding the provisions of paragraphs (1) and (2), the judicial decision set forth in the preceding paragraph may be made by an authorized judge, etc. (meaning an authorized judge, a commissioned judge, a judge who composes a mediation committee, or a judge of a family court handling a domestic relations case; the same applies in the proviso to paragraph (3) of the following Article) who has been challenged.

When the judicial decision set forth in paragraph (5) is made, the proceedings of the domestic relations case will not be stayed, notwithstanding the provisions of main clause of paragraph (4).

No appeal may be entered against a judicial decision which finds that the disqualification or challenge is well-grounded.

An immediate appeal may be filed against a judicial decision to dismiss a motion for a disqualification or challenge.

With regard to disqualification and a challenge to a court clerk, the provisions of Article 10, Article 11, and paragraphs (3), (5), (8), and (9) of the preceding Article apply mutatis mutandis.

When a motion for disqualification or a challenge to a court clerk is filed, the court clerk may not participate in the domestic relations case in which the motion is filed until a judicial decision on the motion becomes final and binding; provided, however, that this does not apply if the motion for a challenge is denied on any of the grounds set forth in the items of paragraph (5) of the preceding Article as applied mutatis mutandis pursuant to the preceding paragraph.

A judicial decision of the disqualification or a challenge to a court clerk is to be made by the court to which the court clerk belongs; provided, however, that the judicial decision set forth in the proviso to the preceding paragraph may be made by an authorized judge, etc. (an authorized judge or commissioned judge may make such a decision only when a motion for a challenge is filed with regard to a court clerk who is to attend the proceedings handled by the judge).

With regard to disqualification and a challenge to a counselor, the provisions of Article 10, Article 11, and Article 12, paragraphs (2), (8), and (9) apply mutatis mutandis.

When a motion for disqualification or challenge to a counselor is filed, the counselor may not participate in the domestic relations case in which the motion is filed until a judicial decision on the motion becomes final and binding; provided, however, that this does not apply if the motion for a challenge is denied on any of the grounds set forth in the items of Article 12, paragraph (5).

A judicial decision of disqualification or a challenge to a counselor is to be made by the family court to which the counselor belongs:provided, however, that the judicial decision set forth in the proviso to the preceding paragraph may be made by an authorized judge (an authorized judge may make such a decision only when a motion for recusal is filed with regard to a counselor who is to attend the proceedings handled by the judge) or by a judge of a family court handling a domestic relations case.

With regard to disqualification of and a challenge to a domestic relations mediator, the provisions of Article 10, Article 11, and Article 12, paragraphs (2) through (4), (8) and (9) apply mutatis mutandis.

When a motion for a challenge is denied on any of the grounds set forth in the items of Article 12, paragraph (5), the proceedings of the domestic relations case will not be stayed, notwithstanding the provisions of the main clause of paragraph (4) of the Article as applied mutatis mutandis pursuant to the preceding paragraph.

A judicial decision on the disqualification of or a challenge to a domestic relations mediator is to be made by the family court to which the domestic relations mediator belongs; provided, however, that the judicial decision set forth in the preceding paragraph may be made by a domestic relations mediator who has been challenged.

With regard to the disqualification of a family court investigating officer and a domestic relations mediation commissioner, the provisions of Article 10, and Article 12, paragraphs (2), (8), and (9) (excluding the parts concerning a challenge) apply mutatis mutandis.

When a motion for disqualification of a family court investigating officer or domestic relations mediation commissioner is filed, the family court investigating officer or domestic relations mediation commissioner may not participate in the domestic relations case pertaining to the motion until a judicial decision on the motion becomes final and binding.

A judicial decision on the disqualification of a family court investigating officer or domestic relations mediation commissioner is to be made by the court to which the family court investigating officer or domestic relations mediation commissioner belongs.