Chapter I General Provisions (Articles 47-2 to 58)
The law as Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 47-2第四十七条の二Caption added
Inspection, etc. of an Electronic or Magnetic Record of a Case for Adjudication of Domestic Relations
Article 47-2, paragraph (1)（電磁的家事審判事件記録の閲覧等）Inspection, etc. of an Electronic or Magnetic Record of a Case for Adjudication of Domestic RelationsAdded
A party or a third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk, as provided by the Rules of the Supreme Court, for the inspection of the contents of an electronic or magnetic record of a case for adjudication of domestic relations (meaning the part of the record of a case for adjudication of domestic relations that relates to matters recorded in a file pursuant to the provisions of this Act or other laws and regulations; the same applies hereinafter in this Article) displayed by the method specified by the Rules of the Supreme Court.
Article 47-2, paragraph (2)（電磁的家事審判事件記録の閲覧等）Inspection, etc. of an Electronic or Magnetic Record of a Case for Adjudication of Domestic RelationsAdded
A party or a third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk for the copying of the matters recorded in an electronic or magnetic record of a case for adjudication of domestic relations, as provided by the Rules of the Supreme Court, by a method of recording them in a file kept on the computer used by that person using the Electronic Data Processing System specified by the Rules of the Supreme Court (meaning an Electronic Data Processing System that connects the computer used by the court and the computer used by the other party to the proceedings via telecommunication lines; the same applies hereinafter), or by any other method specified by the Rules of the Supreme Court.
Article 47-2, paragraph (3)（電磁的家事審判事件記録の閲覧等）Inspection, etc. of an Electronic or Magnetic Record of a Case for Adjudication of Domestic RelationsAdded
A party or a third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk, as provided by the Rules of the Supreme Court, for the issuance of a paper document stating all or part of the matters recorded in an electronic or magnetic record of a case for adjudication of domestic relations, for which the court clerk has certified, by the method specified by the Rules of the Supreme Court, that the contents of the paper document are identical to the matters recorded in the electronic or magnetic record of a case for adjudication of domestic relations, or for the provision of an electronic or magnetic record recording all or part of those matters, for which the court clerk has certified, by the method specified by the Rules of the Supreme Court, that the contents of the electronic or magnetic record are identical to the matters recorded in the electronic or magnetic record of a case for adjudication of domestic relations, by a method of recording it in a file kept on the computer used by that person using the Electronic Data Processing System specified by the Rules of the Supreme Court, or by any other method specified by the Rules of the Supreme Court.
Article 47-2, paragraph (4)（電磁的家事審判事件記録の閲覧等）Inspection, etc. of an Electronic or Magnetic Record of a Case for Adjudication of Domestic RelationsAdded
With regard to the part of an electronic or magnetic record of a case for adjudication of domestic relations that relates to the following matters, a party may, notwithstanding the provisions of the preceding three paragraphs, make a request to a court clerk, without permission from the family court, for the inspection, etc. of an electronic or magnetic record of a case for adjudication of domestic relations (meaning the inspection under the provisions of paragraph (1), the copying under the provisions of paragraph (2), or the issuance of a paper document or the provision of an electronic or magnetic record under the provisions of the preceding paragraph; the same applies in the following paragraph). The same applies when a person subject to a ruling makes such a request after the ruling is made, with regard to the part of an electronic or magnetic record of a case for adjudication of domestic relations that relates to the matters set out in item (i):
Article 47-2, paragraph (4), item (i)（電磁的家事審判事件記録の閲覧等）Inspection, etc. of an Electronic or Magnetic Record of a Case for Adjudication of Domestic RelationsAdded
the matters recorded in an electronic written ruling prescribed in Article 76, paragraph (1) (limited to one recorded in a file pursuant to the provisions of paragraph (3) of that Article) or in an electronic written order (meaning an electronic or magnetic record prepared pursuant to the provisions of Article 76, paragraphs (2) and (3) as applied mutatis mutandis pursuant to Article 81, paragraph (1) and recorded in a file; the same applies in Article 77, paragraph (2) and Article 80, paragraph (2));
Article 47-2, paragraph (4), item (ii)（電磁的家事審判事件記録の閲覧等）Inspection, etc. of an Electronic or Magnetic Record of a Case for Adjudication of Domestic RelationsAdded
the matters that that party has recorded in a file, using the Electronic Data Processing System specified by the Rules of the Supreme Court, pursuant to the provisions of this Act or other laws and regulations;
Article 47-2, paragraph (4), item (iii)（電磁的家事審判事件記録の閲覧等）Inspection, etc. of an Electronic or Magnetic Record of a Case for Adjudication of Domestic RelationsAdded
the matters entered or recorded in a paper document, etc. or recording medium submitted by that party, in the case where such matters have been recorded in a file pursuant to the provisions of Article 132-12, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis by replacing certain terms and phrases pursuant to Article 38, paragraph (1), or pursuant to the provisions of Article 132-13 of that Code as applied mutatis mutandis by replacing certain terms and phrases pursuant to Article 38, paragraph (2).
Article 47-2, paragraph (5)（電磁的家事審判事件記録の閲覧等）Inspection, etc. of an Electronic or Magnetic Record of a Case for Adjudication of Domestic RelationsAdded
The provisions of paragraphs (3) through (5) and paragraphs (8) through (10) of the preceding Article apply mutatis mutandis to a petition for permission for the inspection, etc. of an electronic or magnetic record of a case for adjudication of domestic relations, and the provisions of paragraph (7) of that Article apply mutatis mutandis to a request for the inspection and copying of an electronic or magnetic record of a case for adjudication of domestic relations, respectively.
Article 47-3, paragraph (1)（家事審判事件に関する事項の証明）Certification of Matters Concerning a Case for Adjudication of Domestic RelationsAdded
A party may make a request to a court clerk, as provided by the Rules of the Supreme Court, for the issuance of a paper document stating matters concerning a case for adjudication of domestic relations, for which the court clerk has certified those matters by the method specified by the Rules of the Supreme Court, or for the provision of an electronic or magnetic record recording those matters, for which the court clerk has certified those matters by the method specified by the Rules of the Supreme Court, by a method of recording it in a file kept on the computer used by that person using the Electronic Data Processing System specified by the Rules of the Supreme Court, or by any other method specified by the Rules of the Supreme Court. The same applies when a person subject to a ruling makes such a request after the ruling is made.
Article 47-3, paragraph (2)（家事審判事件に関する事項の証明）Certification of Matters Concerning a Case for Adjudication of Domestic RelationsAdded
A third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk under the provisions of the preceding paragraph.
Article 47-3, paragraph (3)（家事審判事件に関する事項の証明）Certification of Matters Concerning a Case for Adjudication of Domestic RelationsAdded
When a petition for permission under the provisions of the preceding paragraph is filed by a third party who has made a prima facie showing of interest, the family court may grant permission thereto when it finds it to be appropriate.
When a court or any other government agency, a public prosecutor or an official comes to know in the course of performing their duties that a case that should be adjudicated exists upon the petition of a public prosecutor, the entity or person must give notice to that effect to a public prosecutor of the public prosecutor's office corresponding to the family court which has jurisdiction over the case.
Subsection 2 Petitions for Adjudication of Domestic Relations第二款 家事審判の申立て
Article 49第四十九条
Method of Filing Petitions（申立ての方式等）
Article 49, paragraph (1)
A petition for adjudication of domestic relations must be filed by submitting a written petition (hereinafter referred to as a "written petition for adjudication of domestic relations") to a family court.
A written petition for adjudication of domestic relations must state the following matters:
家事審判の申立書には、次に掲げる事項を記載しなければならない。
Article 49, paragraph (2), item (i)
the party (parties) and the legal representative(s); and
当事者及び法定代理人
Article 49, paragraph (2), item (ii)
the object of and reasons for the petition.
申立ての趣旨及び理由
Article 49, paragraph (3)
When a petitioner seeks a ruling on two or more matters, and if the proceedings for adjudication of domestic relations regarding these matters are of the same kind and these matters are based on the same factual and legal cause, the petitioner may seek the ruling by filing a single petition.
When a written petition for adjudication of domestic relations is in violation of the provisions of paragraph (2), the presiding judge must specify a reasonable period and order that the defect should be corrected within that period.
In the case referred to in the preceding paragraph, if the petitioner fails to correct the defect, the presiding judge, by a direction, must dismiss the written petition for adjudication of domestic relations.
An immediate appeal may be filed against the direction set forth in the preceding paragraph.
前項の命令に対しては、即時抗告をすることができる。
Article 49, paragraph (7)
The provisions of Article 137-2 of the Code of Civil Procedure apply mutatis mutandis when the petitioner does not pay fees for filing a petition for adjudication of domestic relations pursuant to the provisions of the Act on the Costs of Civil Proceedings (Act No. 40 of 1971).
A petitioner may amend the object of or reasons for petition unless there is any change to the basis for the petition; provided, however, that this does not apply after proceedings have been concluded pursuant to the provisions of Article 71 (including the cases where applied mutatis mutandis pursuant to Article 188, paragraph (4)).
An amendment to the object of or reasons for a petition must be made in writing except when it is made on a date for proceedings for adjudication of domestic relations.
If an amendment to the object of or reasons for a petition would substantially delay proceedings for adjudication of domestic relations, the family court may make a judicial decision not to permit the amendment.
Subsection 3 Date for Proceedings for Adjudication of Domestic Relations第三款 家事審判の手続の期日
Article 51第五十一条
Summons to Person Concerned with Case（事件の関係人の呼出し）
Article 51, paragraph (1)
A family court may summon a person concerned with a case on a date for proceedings for adjudication of domestic relations.
家庭裁判所は、家事審判の手続の期日に事件の関係人を呼び出すことができる。
Article 51, paragraph (2)
A person concerned with a case who is summoned must appear on a date for proceedings for adjudication of domestic relations; provided, however, that the person may have a representative appear on the person's behalf if there are unavoidable circumstances.
If the person concerned with the case set forth in the preceding paragraph does not appear without justifiable grounds, the family court punishes the person by a non-criminal fine of up to 50,000 yen.
前項の事件の関係人が正当な理由なく出頭しないときは、家庭裁判所は、五万円以下の過料に処する。
Article 52第五十二条
Presiding Judge's Control of Proceedings（裁判長の手続指揮権）
Article 52, paragraph (1)
On a date for proceedings for adjudication of domestic relations, the presiding judge controls the proceedings.
家事審判の手続の期日においては、裁判長が手続を指揮する。
Article 52, paragraph (2)
The presiding judge may permit a person to speak or prohibit a person who does not comply with direction from speaking.
裁判長は、発言を許し、又はその命令に従わない者の発言を禁止することができる。
Article 52, paragraph (3)
When a party makes an objection to a direction issued by the presiding judge with regard to the judge's control of proceedings on a date for proceedings for adjudication of domestic relations, the family court makes a judicial decision on such objection.
A family court may have an authorized judge conduct proceedings on a date for proceedings for adjudication of domestic relations; provided, however, that with regard to the investigation of facts and examination of evidence, this is allowed only when an authorized judge may examine facts or examine evidence pursuant to the provisions of Article 61, paragraph (3) or the provisions of Part II, Chapter IV, Sections 1 through 6 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 64, paragraph (1).
In the case referred to in the preceding paragraph, the authorized judge performs the duties of the family court and the presiding judge.
前項の場合においては、家庭裁判所及び裁判長の職務は、その裁判官が行う。
Article 54第五十四条
Proceedings through Communication by Audio Transmissions（音声の送受信による通話の方法による手続）
Article 54, paragraph (1)
A family court may, when it finds it to be appropriate, after hearing the opinions of the parties, conduct proceedings on a date for proceedings for adjudication of domestic relations (excluding the examination of evidence) by means that enables the family court and both parties to communicate simultaneously with one another by audio transmissions, as provided for in the Rules of the Supreme Court.
A party who has participated in the proceedings set forth in the preceding paragraph without appearing on a date for proceedings for adjudication of domestic relations is deemed to have appeared on that date.
家事審判の手続の期日に出頭しないで前項の手続に関与した者は、その期日に出頭したものとみなす。
Article 55第五十五条
Attendance of Interpreters and Other Measures（通訳人の立会い等その他の措置）
Article 55, paragraph (1)
The provisions of Article 154 of the Code of Civil Procedure apply mutatis mutandis to the attendance of an interpreter, etc. on a date for proceedings for adjudication of domestic relations, and the provisions of Article 155 of the Code apply mutatis mutandis to the measures for a party, interested party intervenor, representative or assistant in court who is unable to make such statements as necessary to clarify the matters relating to proceedings for adjudication of domestic relations.
A party is to cooperate in the investigation of facts and examination of evidence in order to achieve appropriate and swift proceedings and adjudication.
当事者は、適切かつ迅速な審理及び審判の実現のため、事実の調査及び証拠調べに協力するものとする。
Article 57第五十七条
Prima Facie Showing（疎明）
Article 57, paragraph (1)
A prima facie showing must be made by materials that can be examined immediately.
疎明は、即時に取り調べることができる資料によってしなければならない。
Article 58第五十八条
Investigation of Facts by Family Court Investigating Officer（家庭裁判所調査官による事実の調査）
A family court may have a family court investigating officer examine facts.
家庭裁判所は、家庭裁判所調査官に事実の調査をさせることができる。
Article 58, paragraph (2)（家庭裁判所調査官による事実の調査）
If there are pressing circumstances, the presiding judge may have a family court investigating officer examine facts.
急迫の事情があるときは、裁判長が、家庭裁判所調査官に事実の調査をさせることができる。
Article 58, paragraph (3)（家庭裁判所調査官による事実の調査）
A family court investigating officer is to report the results of the examination of facts to the family court in writing or orally.
家庭裁判所調査官は、事実の調査の結果を書面又は口頭で家庭裁判所に報告するものとする。
Article 58, paragraph (4)（家庭裁判所調査官による事実の調査）
A family court investigating officer may attach their own opinions to the report under the provisions of the preceding paragraph.
家庭裁判所調査官は、前項の規定による報告に意見を付することができる。
Article 58, paragraph (5)（家庭裁判所調査官による事実の調査）(Investigation of Facts by Family Court Investigating Officer)Added
A family court investigating officer may, in lieu of the report in a paper document under the provisions of paragraph (3), make the report, as provided by the Rules of the Supreme Court, by a method of recording the matters to be stated in that paper document in a file using the Electronic Data Processing System specified by the Rules of the Supreme Court, or by a method of submitting a recording medium on which an electronic or magnetic record of the matters to be stated in that paper document is recorded.
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The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
When a petitioner seeks a ruling on two or more matters, and if the proceedings for adjudication of domestic relations regarding these matters are of the same kind and these matters are based on the same factual or legal cause, the petitioner may seek the ruling by filing a single petition.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)