Domestic Relations Case Procedure Act

With regard to a person's capacity to be a party, the capacity to perform acts in the proceedings of domestic relations cases (hereinafter referred to as "procedural acts") (hereinafter referred to as the "capacity to participate in proceedings" in this paragraph), the legal representation of a person without the capacity to participate in proceedings, and the delegation of powers as necessary for performing procedural acts, the provisions of Article 28, Article 29, Article 31, Article 33, and Article 34, paragraphs (1) and (2) of the Code of Civil Procedure apply mutatis mutandis.

In order for a person under curatorship, a person under assistance (limited to a person who is required to obtain consent from the person's assistant to participate in proceedings; the same applies in the following paragraph) or a guardian or any other legal representatives to perform any procedural acts with regard to a petition for adjudication of domestic relations or mediation of domestic relations or an appeal filed by a person other than the person, the person must not be required to obtain consent or otherwise have powers delegated to the person from the curator or supervisor of the curator, assistant or supervisor of the assistant, or supervisor of the guardian. The same applies when proceedings are commenced by the court's own authority.

In order for a person under curatorship, a person under assistance or a guardian or any other legal representative to perform any of the following procedural acts, the person must have powers specially delegated to the person:provided, however, that this does not apply where the person has obtained consent or otherwise had powers delegated to the person to file a petition for mediation of domestic relations or conduct other proceedings for mediation of domestic relations, and the person performs the procedural acts set forth in item (ii):

withdrawal of a petition for adjudication of domestic relations or mediation of domestic relations;

withdrawal of an immediate appeal against a ruling, an appeal against a ruling under Article 94, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 288) or a petition under Article 97, paragraph (2) (including the cases where applied mutatis mutandis pursuant to Article 288), or withdrawal of an objection under Article 279, paragraph (1) or Article 286, paragraph (1).

A person who exercises parental authority or a guardian may participate in proceedings on behalf of a minor or an adult under guardianship even when the minor or adult under guardianship may personally participate in proceedings, not through the legal representative of the minor or adult under guardianship, pursuant to the provisions of Article 118 (including the cases where applied mutatis mutandis pursuant to other provisions of this Act) or Article 252, paragraph (1); provided, however, that a person who exercises parental authority or a guardian may file a petition for adjudication of domestic relations or mediation of domestic relations only when such a person or guardian may file a petition pursuant to the provisions of the Civil Code (Act No. 89 of 1896) or other laws and regulations (with regard to a petition for mediation of domestic relations regarding a matter against which an action concerning personal status as prescribed in Article 2 of the Personal Status Litigation Act (excluding an action for divorce and an action for the dissolution of an adoptive relationship) may be filed, including cases where the person or guardian may file the action pursuant to the provisions of the Act or other laws and regulations).

When a minor or adult under guardianship has no legal representative or the legal representative of the minor or adult under guardianship is unable to exercise their authority of representation, and when this is likely to delay the proceedings of a domestic relations case and thereby cause damage, the presiding judge may appoint a special representative upon the petition of an interested party or by its own authority.

A judicial decision of the appointment of a special representative is made based on a prima facie showing.

The court may replace a special representative with another at any time.

In order to participate in proceedings, a special representative must have the same powers as a guardian delegated to the special representative.

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

In adjudication cases regarding the matters set forth in Appended Table 2, the extinction of the authority of legal representation does not become effective unless the principal or the principal's representative gives notice to that effect to the other party. The same applies to cases for mediation of domestic relations.

With regard to the representative of a corporation and the representative or administrator of an association or foundation which is not a corporation but is capable of being a party, the provisions in this Act concerning legal representation and the legal representative apply mutatis mutandis.