Domestic Relations Case Procedure Act

A family court may, when it finds it to be necessary, have a family court investigating officer attend on a date for proceedings for adjudication of domestic relations.

A family court may, when it finds it to be necessary, have the family court investigating officer, who attends on a date for proceedings pursuant to the provisions of the preceding paragraph, state their own opinion.

A family court may, when it finds it to be appropriate, after hearing the opinions of the parties, on a date for proceedings for adjudication of domestic relations, by means that enables the family court and both parties to communicate simultaneously with the family court investigating officer by audio transmissions as provided for in the Rules of the Supreme Court, have the family court investigating officer attend the date for proceedings for adjudication of domestic relations and state the opinion referred to in the preceding paragraph on that date.

When a family court, in connection with the processing of a case for adjudication of domestic relations, finds it to be necessary in order to coordinate the family environment and other environments of a person concerned with the case, it may have a family court investigating officer communicate with a social welfare organization or take other measures.

If there are pressing circumstances, the presiding judge may have a family court investigating officer take the measures set forth in the preceding paragraph.

A family court may, when it finds it to be necessary, have a technical official of the court, who is a physician, diagnose the physical and mental condition of a person concerned with a case.

The provisions of Article 58, paragraphs (2) through (5) apply mutatis mutandis to the diagnosis set forth in the preceding paragraph, and the provisions of paragraphs (1) through (3) of the preceding Article apply mutatis mutandis to the attendance on a date for proceedings and statement of opinions by a technical official of the court.

A family court may commission another family court or a summary court to investigate facts.

When a commissioned judge who performs duties as commissioned under the provisions of the preceding paragraph finds it to be appropriate for another family court or a summary court to examine facts, the judge may further commission the other court to investigate facts.

A family court may, when it finds it to be appropriate, have an authorized judge investigate facts.

When a commissioned judge or authorized judge investigates facts pursuant to the provisions of the preceding three paragraphs, the respective judge performs the duties of the family court and the presiding judge.

A family court may commission a government agency, public officer or any other entity as it finds appropriate to conduct the necessary examination, or may request a bank, a trust company or the employer of a person concerned or any other person to make the necessary report concerning the deposits, trust property, income, or other matters regarding a person concerned.

When an investigation of facts is conducted and a family court finds that the results thereof could cause a material change to a party's engagement in conducting proceedings for adjudication of domestic relations, the family court must give notice to that effect to the party and an interested party intervenor.

With regard to the examination of evidence in proceedings for adjudication of domestic relations, the provisions of Part II, Chapter IV, Sections 1 through 6 of the Code of Civil Procedure (excluding the provisions of Article 179, Article 182, Articles 187 through 189, Article 207, paragraph (2), Article 208, and Article 224 of the Code (including the cases where applied mutatis mutandis pursuant to Article 229, paragraph (2) and Article 232, paragraph (1) of the Code) and Article 229, paragraph (4) of the Code) apply mutatis mutandis.

An immediate appeal under the provisions of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding paragraph has the effect of a stay of execution.

If a party falls under any of the following items, the family court punishes the party by a non-criminal fine of up to 200,000 yen:

when the party does not comply with an order to submit issued under the provisions of Article 223, paragraph (1) of the Code of Civil Procedure (including the cases where applied mutatis mutandis pursuant to Article 231 and Article 231-3, paragraph (1) of the Code) as applied mutatis mutandis pursuant to paragraph (1), or where the party, without justifiable grounds, does not comply with an order to submit issued under the provisions of Article 223, paragraph (1) of the Code as applied mutatis mutandis pursuant to Article 232, paragraph (1) of the Code as applied mutatis mutandis pursuant to paragraph (1); or

when the party, for the purpose of obstructing the examination of documentary evidence, causes a document that must be submitted under the provisions of Article 220 of the Code of Civil Procedure (including the cases where applied mutatis mutandis pursuant to Article 231 and Article 231-3, paragraph (1) of the Code) as applied mutatis mutandis pursuant to paragraph (1) (including an object equivalent to a document as prescribed in Article 231 of the Code and an electronic or magnetic record as prescribed in Article 231-2 of the Code) to be lost or otherwise renders it unusable, or where the party, for the purpose of obstructing observation, causes the subject matter of the observation to be lost or otherwise renders it unusable.

If a party falls under any of the following items, the family court punishes them by a non-criminal fine of up to 100,000 yen:

when the party, without justifiable grounds, does not comply with an order to submit issued under the provisions of Article 223, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 229, paragraph (2) of the Code (including the cases where applied mutatis mutandis pursuant to Article 231 of the Code) as applied mutatis mutandis pursuant to paragraph (1);

when the party causes a document or any other object, which shows a person's handwriting or an impression of a seal to be used for comparison, to be lost or otherwise renders it unusable, for the purpose of obstructing the use for comparison; or

when the party, without justifiable grounds, does not comply with an order issued under the provisions of Article 229, paragraph (3) of the Code of Civil Procedure (including the cases where applied mutatis mutandis pursuant to Article 231 of the Code) as applied mutatis mutandis pursuant to paragraph (1), or where the party writes letters to be used for comparison under the order, with a style of handwriting that is different from the party's own.

When a family court examines a party, it may order that party to appear on a date for proceedings for adjudication of domestic relations.

The provisions of Articles 192 through 194 of the Code of Civil Procedure apply mutatis mutandis when a party who is ordered to appear pursuant to the provisions of the preceding paragraph does not appear without justifiable grounds, and the provisions of Article 209, paragraphs (1) and (2) of the Code apply mutatis mutandis when a party appears but refuses to swear under oath or make statements without justifiable grounds.

In proceedings for adjudication of domestic relations regarding a parent and child, parental authority or guardianship of a minor, or in proceedings for adjudication of domestic relations, the outcome of which would affect a minor (including a minor ward; hereinafter the same applies in this Article), the family court must try to understand the intentions of the child by hearing statements from the child, having a family court investigating officer conduct an examination or using any other appropriate methods, and to take the child's intentions into consideration in adjudicating the case, according to the child's age or degree of development.

Adjudication cases regarding the matters set forth in Appended Table 2 are subject to the jurisdiction of a family court determined by agreement between the parties, in addition to a family court determined pursuant to other provisions of this Act.

The provisions of Article 11, paragraphs (2) and (3) of the Code of Civil Procedure apply mutatis mutandis to the agreement set forth in the preceding paragraph.

When a petition for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2 is filed, the family court must send a copy of a written petition for adjudication of domestic relations to the respondent, except when the petition is unlawful or the petition is clearly groundless; provided, however, that if it is found that there is a risk of interfering with smooth progress in the proceedings for adjudication of domestic relations, the family court may give notice to the respondent of the fact that a petition for adjudication of domestic relations is filed, in lieu of sending a copy of a written petition for adjudication of domestic relations.

The provisions of Article 49, paragraphs (4) through (6) apply mutatis mutandis when it is impossible to send a copy of a written petition for adjudication of domestic relations or to give notice in lieu of sending the copy under the provisions of the preceding paragraph.

When the presiding judge specifies a reasonable period and orders a petitioner to prepay costs for sending a copy of a written petition for adjudication of domestic relations or for giving notice in lieu of sending such copy under the provisions of paragraph (1), but the costs are not prepaid, the presiding judge must, by a direction, dismiss the written petition for adjudication of domestic relations.

An immediate appeal may be filed against the direction set forth in the preceding paragraph.

In proceedings for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2, the family court must hear statements from a party, except when the petition is unlawful or the petition is clearly groundless.

Upon the request of a party, the family court must hear the party's statements as provided for in the provisions of the preceding paragraph on the hearing date.

In proceedings for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2, when the family court investigates facts by holding a hearing on a date set therefor and hearing statements from a party, another party may attend the hearing on the date; provided, however, that this does not apply if it is found that the attendance of the other party at the hearing on the date is likely to interfere with the investigation of facts.

When a family court has investigated the facts in proceedings for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2, it must give notice to that effect to a party and an interested party intervenor, except when it finds it not to be particularly necessary to do so.

In proceedings for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2, the family court must specify a date for concluding the proceedings, while leaving a reasonable grace period until the date, except when the petition is unlawful or the petition is clearly groundless; provided, however, that on a date for proceedings for adjudication of domestic relations on which both parties can attend, the family court may declare the conclusion of the proceedings immediately.

When a family court concludes proceedings under the provisions of the preceding Article, it must specify a date for making a ruling.

When a case for adjudication of domestic relations is ready for making a judicial decision, the family court makes a ruling.

When part of a case for adjudication of domestic relations is ready for making a judicial decision, the family court may make a ruling for the part of the case. The same applies when one of the cases for adjudication of domestic relations for which consolidation of proceedings has been ordered is ready for making a judicial decision.

Except as otherwise provided, notice of a ruling must be given to parties and an interested party intervenor as well as any other person subject to adjudication, by means considered to be appropriate.

Except as otherwise provided, a ruling (excluding a ruling to dismiss a petition) becomes effective when notice thereof is given to a person subject to adjudication (if there are two or more persons subject to adjudication, one of these persons); provided, however, that a ruling against which an immediate appeal may be filed will not be effective unless it becomes final and binding.

A ruling to dismiss a petition becomes effective when notice thereof is given to the petitioner.

A ruling is not to become final and binding prior to the expiration of the period for filing an immediate appeal.

The process of a ruling becoming final and binding is interrupted by an immediate appeal filed during the period set forth in the preceding paragraph.

A ruling to order the payment of money, delivery of an object, performance of an obligation to register or performance of any other act has the same effect as an enforceable title of obligation.