Domestic Relations Case Procedure Act

The provisions of Article 121 apply mutatis mutandis to the withdrawal of a petition for the commencement of assistance and the withdrawal of a petition for the appointment of an assistant, and the provisions of Article 124 apply mutatis mutandis to the supervision of the affairs of assistance.

The provisions of Article 126, paragraph (1) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the commencement of assistance as a case on the merits.

When a petition for the commencement of assistance and a petition for the determination of acts which require the consent of an assistant is filed, and when it is particularly necessary for the preservation of the property of a person who is to be a person under assistance, the family court (or a high court in the case set forth in Article 105, paragraph (2)) may, upon the petition of the person who has filed the petition, order that the person who is to be a person under assistance be subject to the assistance of the administrator of property to be appointed pursuant to the provisions of Article 126, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph (hereinafter simply referred to as an "administrator of property" in this Article) in performing acts in relation to property (limited to the acts prescribed in Article 13, paragraph (1) of the Civil Code, which are addressed in the petition for the determination of acts which require the consent of an assistant; the same applies in paragraph (5)), until a ruling on the petition for the commencement of assistance becomes effective.

Notice of a ruling under the provisions of the preceding paragraph (hereinafter referred to as a "ruling of an order for assistance" in the following paragraph and paragraph (5)) must be given to an Administrator of Property, beyond the persons prescribed in Article 74, paragraph (1).

The period for filing an immediate appeal against a ruling of an order for assistance to be filed by a person other than a person who receives notice of a ruling and by a person who is to be a person under assistance runs from the latest day, out of the day on which the person who is to be a person under assistance receives notice of a ruling and the day on which an administrator of property receives notice of a ruling under the provisions of the preceding paragraph.

When a ruling of an order for assistance is made, the person who is to be a person under assistance and the administrator of property may rescind acts in relation to property performed by the person who is to be a person under assistance without having obtained consent from the administrator of property. In this case, the provisions of the Civil Code concerning the rescission of acts performed by a person with limited capacity to act apply mutatis mutandis.

The provisions of Article 125, paragraphs (1) through (6), as well as the provisions of Articles 27 through 29 of the Civil Code (excluding Article 27, paragraph (2) of the Code) apply mutatis mutandis to an administrator of property. In this case, the term "an adult under guardianship" in Article 125, paragraph (3) is deemed to be replaced with "a person who is to be a person under assistance".

The provisions of Article 127, paragraphs (1) through (4) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the dismissal of an assistant or an adjudication case for the dismissal of a supervisor of an assistant as a case on the merits.

Subsection 1 Adjudication Cases for the Declaration of Presumed Death

Subsection 2 Adjudication Cases for Revocation of Declaration of Presumed Death

Subsection 2 Adjudication Cases for Revocation of Declaration of Presumed Death

Section 4 Adjudication Cases for Dispositions Regarding Administration of Property of Absenteethe Appointment of a Special Representative for Receipt of a Manifestation of Intention and the Revocation Thereof

An adjudication case for the appointment of a special representative for receipt of a manifestation of intention and the revocation thereof is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the other party to the manifestation of intention.

A family court may, at any time, replace a special representative for receipt of a manifestation of intention.

When filing a petition for the appointment of a special representative for receipt of a manifestation of intention, the petitioner must prepay the amount specified by the family court as the procedural costs for the proceedings relating to the petition.

A family court may grant a reasonable remuneration to a special representative for receipt of a manifestation of intention, out of the amount prepaid pursuant to the provisions of the preceding paragraph.

A person who has filed a petition for the appointment of a special representative for receipt of a manifestation of intention or for the revocation thereof may file an immediate appeal against a ruling to dismiss the person's petition.

The provisions of Article 644 of the Civil Code apply mutatis mutandis to a special representative for receipt of a manifestation of intention.

Section 5 Adjudication Cases Regarding Declaration of Presumed DeathMarriage

Subsection 1 Adjudication Cases for the Declaration of Presumed Death

The provisions of Article 125126, paragraphs (1) through (6), as well as the provisions of Articles 27 through 29 of the Civil Code (excluding Article 27, paragraph (2) of the Code)(14) through (19) apply mutatis mutandis to the administrator of property set forth in paragraph (1). In this case, the phrase "property of an adult under guardianshipthe person who is to be a person under assistance" in Article 125126, paragraph (3)(16) is deemed to be replaced with "property under administration".

Section 6 Adjudication Cases Regarding MarriageParents and Children

Subsection 1 Adjudication Cases for the Appointment of a Special Representative in an Action to Rebut Presumption of Child Born in Wedlock

Subsection 2 Adjudication Cases for Permission to Change the Surname of a Child

Subsection 2 Adjudication Cases for Permission to Change the Surname of a Child

Subsection 3 Adjudication Cases for Permission to Adopt

Subsection 3 Adjudication Cases for Permission to Adopt

When making a ruling of permission to adopt, the family court must hear statements from the following persons; provided, however, that this does not apply to a person who is to be adopted if it is impossible to hear the person's opinions due to the person's mental or physical disabilitystatements for mental reasons on the part of that person:

Subsection 4 Adjudication Cases for Permission in Lieu of Consent for Giving Consent to Adoption

Subsection 4 Adjudication Cases for Permission in Lieu of Consent for Giving Consent to Adoption

Subsection 5 Adjudication Cases for Permission for Dissolution of Adoptive Relationships After the Death of a Party to Adoption

Subsection 5 Adjudication Cases for Permission for Dissolution of Adoptive Relationships After the Death of a Party to Adoption

Subsection 6 Adjudication Cases for Designation of a Successor to Ownership of Equipment for Rituals upon Dissolution of an Adoptive Relationship

Subsection 6 Adjudication Cases for Designation of a Successor to Ownership of Equipment for Rituals upon Dissolution of an Adoptive Relationship

Subsection 7 Adjudication Cases Regarding Special Adoption

Subsection 7 Adjudication Cases Regarding Special Adoption

the person who exercises parental authority over the parents of the person who is to be adopted and a guardian of a minor or a specified assistant of the parents of the person who is to be adopted.

the person who exercises parental authority over the adopted child (excluding the persons set forth in item (ii)), and a guardian of a minor or a specified assistant of the adopted child;

a guardianspecified assistant of an adoptive parent; and

the person who exercises parental authority over a natural parent of the adopted child, and a guardian of a minor or a specified assistant of a natural parent of the adopted child.

the person who exercises parental authority over the adopted child, and a guardian of a minor or a specified assistant of the adopted child; and

the person who exercises parental authority over a natural parent of the adopted child, and a guardian of a minor or a specified assistant of a natural parent of the adopted child.

a ruling of the dissolution of a special adoption:the adopted child, the adoptive parents, the natural parents of the adopted child, the person who exercises parental authority over the adopted child but who is not the adoptive parent, a guardian of a minor or a specified assistant of the adopted child, a guardian specified assistant of an adoptive parent, the person who exercises the parental authority over a natural parent of the adopted child, and a guardian of a minor or a specified assistant of a natural parent of the adopted child;

Section 7 Adjudication Cases Regarding Parents and ChildrenParental Authority

Subsection 1 Adjudication Cases for the Appointment of a Special Representative in an Action to Rebut Presumption of Child Born in Wedlock

an adjudication case for a disposition regarding the administration of property offered to a child by a third party (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (66); the same applies in Article 173, paragraphs (1) and (2)):the child;

(Application Mutatis Mutandis of Provisions Concerning the Replacement , etc. of Administrators)

The provisions of Article 125 apply mutatis mutandis toA family court may, at any time, replace an administrator whom it has appointed in an adjudication case for a disposition regarding the administration of property offered to a child by a third party.

A family court may order an administrator whom it has appointed in an adjudication case for a disposition regarding the administration of property offered to a child by a third party (including an administrator appointed as a replacement pursuant to the provisions of the preceding paragraph; hereinafter referred to as an "administrator of property" in this Article) to report on the status of the property and settle the account for administration.

The expenses required for the report and the settlement of the account under the preceding paragraph are to be defrayed out of the property of the child.

A family court may issue an order to an administrator of property for an increase or decrease in or a change to the security that the administrator has provided, or an exemption from providing the security.

When a ruling to order a mortgage to be established on the real property or vessel owned by an administrator of property becomes effective, a court clerk must commission the registration of the establishment thereof. The same applies to a registration of a change or the extinction of a mortgage thus established.

The provisions of Articles 644, 646, 647 and 650 of the Civil Code apply mutatis mutandis to the administrator of property.

When a child has become able to administer their own property, the property under administration no longer exists or it has otherwise become inappropriate to continue to place the child's property under administration, the family court must make a ruling to revoke the appointment of an administrator of property or any other disposition regarding the administration of property, upon the petition of the child, the administrator of property, or any interested party or by its own authority.

Section 8 Adjudication Cases Regarding Parental AuthorityGuardianship of Minors

(Application Mutatis Mutandis of Provisions Concerning Adjudication Cases for the Guardianship of Adults)Regarding Assistance and Adjudication Cases Regarding Parental Authority

The provisions of Article 121 apply mutatis mutandis to the withdrawal of a petition for the appointment of a guardian of a minor; the provisions of Article 124125 apply mutatis mutandis to the supervision of the affairs of the guardianship of a minor; and the provisions of Article 125173 apply mutatis mutandis to an adjudication case for a disposition regarding the administration of property offered to a minor ward by a third party. In this case, the phrase "guardian of an adultassistant under the provisions of Article 843876-2, paragraph (2)" in Article 121, item (ii) is deemed to be replaced with "guardian of a minor under the provisions of Article 840, paragraph (1)" and the phrase "guardian of an adultassistant under the provisions of Article 843876-2, paragraph (3)" in Article 121, item (iii) is deemed to be replaced with "guardian of a minor under the provisions of Article 840, paragraph (2)".

Section 9 Adjudication Cases Regarding Guardianship of MinorsSupport

Section 10 Adjudication Cases Regarding SupportDisinheritance of Presumptive Heirs

The provisions of Article 125173, paragraphs (1) through (6) apply mutatis mutandis to an administrator appointed in an adjudication case for a disposition regarding the administration of an estate for a period before a ruling of the disinheritance of a presumptive heir or a ruling to revoke the ruling becomes final and binding. In this case, the term "family court" in paragraphs (1), (2), and (4) of the Article is deemed to be replaced with "court that has ordered a disposition regarding the administration of an estate for a period before a ruling of the disinheritance of a presumptive heir or a ruling to revoke the ruling becomes final and binding", and the phrase "property of an adult under guardianshipthe child" in paragraph (3) of the Article is deemed to be replaced with "estate".

Section 11 Adjudication Cases Regarding Disinheritance of Presumptive Heirsfor Designation of Successor to Ownership of Equipment for Rituals upon Inheritance

Section 12-2 Adjudication Cases for Dispositions Regarding the Preservation of an Estate

Section 12 Adjudication Cases for Designation of Successor to Ownership of Equipment for Rituals upon InheritanceDispositions Regarding the Preservation of an Estate

The provisions of Article 125, paragraphs (1) through (6), Article 146-2 and Article 147 146-2, Article 147 and Article 173, paragraphs (1) through (6) apply mutatis mutandis to an adjudication case for a disposition regarding the preservation of an estate. In this case, the term "property of an adult under guardianshipthe child" in Article 125173, paragraph (3) is deemed to be replaced with "an estate".

The provisions of Article 125173, as well as the provisions of Articles 27 through 29 of the Civil Code (excluding Article 27, paragraph (2) of the Code) apply mutatis mutandis to an administrator of property appointed pursuant to the provisions of paragraph (6). In this case, the term "property of an adult under guardianshipthe child" in Article 125173, paragraph (3) is deemed to be replaced with "estate".

The provisions of Article 125126, paragraphs (1) through (6), as well as the provisions of Articles 27 through 29 of the Civil Code (excluding Article 27, paragraph (2) of the Code)(14) through (19) apply mutatis mutandis to the administrator of property set forth in paragraph (1). In this case, the term "property of an adult under guardianshipthe person who is to be a person under assistance" in Article 125126, paragraph (3)(16) is deemed to be replaced with "estate".

The provisions of Article 125173 apply mutatis mutandis to an adjudication case for a disposition regarding the administration of an estate after a request for the separation of patrimony. In this case, the term "property of an adult under guardianshipthe child" in Article 125173, paragraph (3) is deemed to be replaced with "an estate."

When making a ruling on a petition for the distribution of an estate to a person with a special connection, the family court must hear the opinion of a liquidator of the estate appointed pursuant to the provisions of Article 952, paragraph (1) of the Civil Code or appointed as a replacement pursuant to the provisions of Article 125173, paragraph (1) as applied mutatis mutandis pursuant to Article 208 (hereinafter simply referred to as a "liquidator of the estate" in the following Article and Article 207).

The provisions of Article 125173 apply mutatis mutandis to an adjudication case for a disposition regarding the liquidation of an estate in the event of the nonexistence of an heir. In this case, the phrase "property of an adult under guardianshipthe child" in paragraph (3) of that Article is deemed to be replaced with "an estate".

An adjudication case regarding the appointment of a supervisor of a voluntarily appointed guardian for making a for the commencement of voluntary guardianship contract effective (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (111); the same applies in the following paragraph and item (i) of the following Article) is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the principal set forth in Article 2, item (ii) of the Voluntary Guardianship Contract Act (hereinafter simply referred to as the "principal" in this Section).

Adjudication cases prescribed in the Voluntary Guardianship Contract Act (meaning the adjudication cases regarding the matters set forth in Appended Table 1, rows (111) through (121)), except for an adjudication case for the appointment of a supervisor of a voluntarily appointed guardian for making a commencement of voluntary guardianship contract effective, are subject to the jurisdiction of the family court that has made a ruling of the appointment of a supervisor of a voluntarily appointed guardian for making a commencement of voluntary guardianship contract effective (if the court in charge of an appeal has appointed the supervisor of a voluntarily appointed guardianmade a ruling of the commencement of voluntary guardianship, the family court that is the court of first instance); provided, however, that if an adjudication case for the appointment of a supervisor of a voluntarily appointed guardian for making a commencement of voluntary guardianship contract effective is pending before a family court, these cases are subject to the jurisdiction of that family court.

The provisions of Article 118 apply mutatis mutandis to the principal in an adjudication case for the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective.the following adjudication cases (including adjudication cases for a provisional order sought by designating the adjudication cases set forth in items (iii) and (v) as cases on the merits):

an adjudication case for the commencement of voluntary guardianship;

an adjudication case for the appointment of a supervisor of a voluntarily appointed guardian (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (112));

an adjudication case for the dismissal of a supervisor of a voluntarily appointed guardian (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (116); the same applies in Article 225, paragraph (1));

an adjudication case for the supervision of the affairs of a voluntarily appointed guardian (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (119));

an adjudication case for the dismissal of a voluntarily appointed guardian (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (120); the same applies in Article 225, paragraph (2)); and

an adjudication case for permission for the cancellation of a voluntary guardianship contract (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (121)).

A family court may not make a ruling of the appointment of a supervisor of a voluntarily appointed guardian for making a commencement of voluntary guardianship contract effective unless it hears the opinion of a physician or any other appropriate person concerning the mental state of the principal.

When making the rulings set forth in the following items, the family court must hear statements from the persons specified respectively in these items (in items (i) and (iv), excluding the petitioner); provided, however, that this does not apply to the principal if it is impossible to hear the principal's statements due tofor mental or physical disabilityreasons on the part of the principal:

a ruling of the commencement of voluntary guardianship:the principal;

a ruling of the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective, and a ruling of the appointment of a supervisor of a voluntarily appointed guardian in the event of a vacancy of a supervisor of a voluntarily appointed guardian or the appointment of an additional supervisor of a voluntarily appointed guardian:the principal;

a ruling of the dismissal of a supervisor of a voluntarily appointed guardian:the principal and the supervisor of a voluntarily appointed guardian;

a ruling of the dismissal of a voluntarily appointed guardian:the principal and the voluntarily appointed guardian; and

When making the rulingrulings set forth in item (i) of the preceding paragraph, the family court must hear the opinion of a person who is to be a supervisor of a voluntarily appointed guardian.the following items, the family court must hear the opinions of the persons specified respectively in these items:

When making a ruling of the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective, the family court must hear the opinion of a person entrusted with voluntary guardianship with regard to making a voluntary guardianship contract effective.

a ruling of the commencement of voluntary guardianship:a person entrusted with voluntary guardianship;

a ruling of the appointment of a supervisor of a voluntarily appointed guardian:a person who is to be a supervisor of a voluntarily appointed guardian.

A petition for the appointment of a supervisor of a voluntarily appointed guardian for making a commencement of voluntary guardianship contract effective and for the appointment of a supervisor of a voluntarily appointed guardian in the event of the vacancy of a supervisor of a voluntarily appointed guardianunder the provisions of Article 7, paragraph (2) of the Voluntary Guardianship Contract Act may not be withdrawn without permission from the family court, even before a ruling is made.

a ruling of the appointment of a supervisor of a voluntarily appointed guardian for making a voluntary guardianship contract effective:the principal and a person entrusted with voluntary guardianship;

a ruling to revoke a ruling of the commencement of guardianship, etc.:in the case of a ruling to revoke a ruling of the commencement of guardianship, a guardian of an adult and a supervisor of a guardian of an adult; in the case of a ruling to revoke a ruling of the commencement of curatorship, a curator and a supervisor of a curator; and in the case of a ruling to revoke a ruling of the commencement of assistance, an assistant and a supervisor of an assistant;

a ruling to dismiss a petition offor the appointment of a supervisor of a voluntarily appointed guardian for making a commencement of voluntary guardianship contract effective:the petitioner;

a ruling of the dismissal of a supervisor of a voluntarily appointed guardian (limited to a case where the supervisor has been dismissed on the grounds set forth in Article 876-5, item (i) or (ii) of the Civil Code as applied mutatis mutandis pursuant to Article 10, paragraph (4) of the Voluntary Guardianship Contract Act):the supervisor of a voluntarily appointed guardian;

a ruling to dismiss a petition for the dismissal of a voluntarily appointed guardian:the petitioner, a supervisor of a voluntarily appointed guardian, and the principal and the principal's relative, and an assistant and a supervisor of an assistant;

(Examination of the Affairs of Supervisors of Voluntarily Appointed Guardians), etc.

A family court may have a family court investigating officer examine the affairs of a voluntarily appointed guardian or a supervisor of a voluntarily appointed guardian.

The provisions of Article 127, paragraphs (1) through (4) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the dismissal of a supervisor of a voluntarily appointed guardian (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (117)) as a case on the merits.

The provisions of Article 127, paragraphs (1) and (2) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the dismissal of a voluntarily appointed guardian (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (120)) as a case on the merits. In this case, the phrase "suspend the performance of duties by the guardian of the adultassistant or appoint a person acting as the representative thereof" in paragraph (1) of the Article is deemed to be replaced with "suspend the performance of duties by the guardian of the adultassistant", and the phrase "a person acting as a representative appointed underpursuant to the provisions of the paragraph" in paragraph (2) of the Article is deemed to be replaced with "supervisor of a voluntarily appointed guardian".

The provisions of Article 118 apply mutatis mutandis to a public assistance recipient, a person who exercises parental authority over a public assistance recipient, and a guardian of a minor or a specified assistant of a public assistance recipient in an adjudication case for permission for admission to a facility, etc.

When making a ruling on a petition for permission for admission to a facility, etc., the family court must hear statements from a public assistance recipient (limited to a person of 15 years of age or older), a person who exercises parental authority over a public assistance recipient and a guardian of a minor or a specified assistant of a public assistance recipient, except when the petition is unlawful or the petition is clearly groundless.

Notice of a ruling of permission for admission to a facility, etc. must be given to a person who exercises parental authority over a public assistance recipient and a guardian of a minor or a specified assistant of a public assistance recipient, beyond the persons prescribed in Article 74, paragraph (1).

a ruling of permission for admission to a facility:a person who exercises parental authority over a public assistance recipient and a guardian of a minor or a specified assistant of a public assistance recipient;

In the mediation cases set forth in the following items (in items (i) and (ii), excluding cases which seek the provision of property benefits), the persons specified respectively in these items may participate in proceedings themselves, not through their legal representative, notwithstanding the provisions of Article 31 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 17, paragraph (1). The same applies when the person is a person under curatorship or a person under assistance (limited to a person under assistance who is required to obtain consent from the assistant for performing procedural acts) and the person has not obtained consent from the curator or supervisor of the curator or the assistant or supervisor of the assistant:

Notwithstanding the provisions of Article 18, in the mediation cases set forth in items (i), (iii), and (iv) of the preceding paragraph (as for the mediation case set forth in item (i) of the paragraph, excluding a case to seek the provision of a property benefit), a person who exercises parental authority or a guardian , a guardian of a minor or a specified assistant may not make an agreement under Article 268, paragraph (1), accept the proposed terms of a mediation prescribed in Article 270, paragraph (1), or file a joint notification under Article 286, paragraph (8), on behalf of the persons specified respectively in these items. The same applies to a guardian specified assistant of a husband and wife in a mediation case regarding a divorce, and to a guardian specified assistant of an adoptive parent, a person who exercises parental authority over an adopted child (limited to a child of 15 years of age or older; hereinafter the same applies in this paragraph), and a guardian of a minor or a specified assistant of an adopted child in a mediation case regarding the dissolution of an adoptive relationship.