Domestic Relations Case Procedure Act

The adjudication cases set forth in the following items are subject to the jurisdiction of the family court which has jurisdiction over the places specified respectively in these items:

an adjudication case for a disposition regarding cooperation and mutual assistance between a husband and wife (meaning an adjudication case regarding the matters set forth in Appended Table 2, row (1); the same applies in item (i) of the following Article and Article 152-2, paragraph (1), item (i)):the place of domicile of the husband or wife;

an adjudication case for the change of an administrator of property, etc. under a prenuptial agreement (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (58)):the place of domicile of the husband or wife;

an adjudication case for a disposition regarding the sharing of living expenses (meaning an adjudication case regarding the matters set forth in Appended Table 2, row (2); the same applies in Article 152-2, paragraph (1), item (ii)):the place of domicile of the husband or wife;

an adjudication case for a disposition regarding the custody of a child:the place of domicile of the child (in the case of a petition regarding two or more children who have the same father or mother, one of such children);

an adjudication case for a disposition regarding the division of property:the place of domicile of the person who has been a husband or wife; and

an adjudication case for the designation of a successor to the ownership of equipment for rituals, etc. upon divorce, etc. (meaning an adjudication case regarding the matters set forth in Appended Table 2, row (5)):the place of domicile of the owner.

The provisions of Article 118 apply mutatis mutandis to the persons specified in the following items in the adjudication cases set forth respectively in these items and in adjudication cases for a provisional order sought by designating these adjudication cases as cases on the merits (excluding cases to seek the provision of property benefits among all these adjudication cases):

an adjudication case for a disposition regarding cooperation and mutual assistance between a husband and wife:the husband and wife; and

an adjudication case for a disposition regarding the custody of a child:the child.

When making a ruling of the change of an administrator of property, etc. under a prenuptial agreement, the family court must hear statements from the husband and wife (excluding the petitioner).

When making a ruling of a disposition regarding the custody of a child (excluding a ruling of a disposition regarding the sharing of expenses required for the custody of a child), the family court must hear statements from the child (limited to a child of 15 years of age or older), in addition to hearing statements from a party pursuant to the provisions of Article 68.

In the adjudication cases set forth in the following items, a family court may, when it finds it to be necessary, upon petition or by its own authority, order a party to disclose information regarding the status of their income and assets:

an adjudication case for a disposition regarding cooperation and mutual assistance between a husband and wife;

an adjudication case for a disposition regarding the sharing of living expenses;

an adjudication case for a disposition regarding the custody of a child (limited to an adjudication case for a disposition regarding the sharing of expenses required for the custody of a child).

In an adjudication case for a disposition regarding the division of property, a family court may, when it finds it to be necessary, upon petition or by its own authority, order a party to disclose information regarding the status of their property.

When a party who has been ordered to disclose information pursuant to the provisions of the preceding two paragraphs fails to disclose the information without justifiable grounds or discloses false information, the family court punishes the party by a non-criminal fine of up to 100,000 yen.

In an adjudication case for a disposition regarding the custody of a child (excluding an adjudication case for a disposition regarding the sharing of expenses required for the custody of a child), when the family court finds no circumstances that make this inappropriate in light of the child's physical and mental condition and finds it to be necessary for the examination of facts, it may encourage a party to carry out a trial implementation of contact with the child.

In encouraging the trial implementation referred to in the preceding paragraph, the family court may specify the method of contact, the date, time and place of the contact, and whether a family court investigating officer or any other person is to attend or otherwise be involved, and may also impose any other conditions it finds appropriate, such as prohibiting the party from words or acts that have a harmful effect on the child's mind and body.

When the family court has encouraged the trial implementation referred to in paragraph (1), it may request a party to report the result (or, if the trial implementation was not carried out, to explain the reason).

Notwithstanding the provisions of Article 82, paragraph (2), the withdrawal of a petition for adjudication of a disposition regarding the division of property may not become effective without the consent of the respondent after the respondent has submitted a document on the merits or made statements on a date for proceedings for adjudication of domestic relations.

In a ruling of a disposition regarding cooperation and mutual assistance between a husband and wife, the family court may specify the extent or method of mutual assistance or modify them.

In the following rulings, the family court may order a party (in a ruling set forth in item (ii), a husband or wife) to pay money, deliver an object, perform an obligation to register, or perform any other act:

a ruling of a disposition regarding cooperation and mutual assistance between a husband and wife;

a ruling of the change of an administrator of property, etc. under a prenuptial agreement;

a ruling of a disposition regarding the sharing of living expenses; and

a ruling of a disposition regarding the division of property.

When a family court, in a ruling of a disposition regarding the custody of a child, specifies the designation or change of a person who is to have custody of the child, the allocation of custody of the child, the contact between the father or mother and the child, the sharing of expenses required for the custody of the child, and other matters necessary for custody of the child, it may order a party to surrender custody of the child, pay money, or provide any other property benefit or perform any other act.

In a ruling of the designation of a successor to the ownership of equipment used in rituals, etc. upon divorce, etc., the family court may order a party to deliver or transfer genealogy information, equipment used in rituals and graves.

When a family court makes a ruling on the division of property in joint ownership upon making a ruling of the change of an administrator of property under a prenuptial agreement, and when it finds that there are special circumstances, it may, as a method of dividing the property in joint ownership, have one of the parties to the marriage assume an obligation to the other party to the marriage, in lieu of dividing the property.

An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items:

a ruling of a disposition regarding cooperation and mutual assistance between a husband and wife, and a ruling to dismiss a petition for the ruling:the husband and wife;

a ruling of the change of an administrator of property, etc. under a prenuptial agreement, and a ruling to dismiss a petition for the ruling:the husband and wife;

a ruling of a disposition regarding the sharing of living expenses, and a ruling to dismiss a petition for the ruling:the husband and wife;

a ruling of a disposition regarding the custody of a child, and a ruling to dismiss a petition for the ruling:the parents of the child and the person who has custody of the child;

a ruling of a disposition regarding the division of property, and a ruling to dismiss a petition for the ruling:the person who has been a husband or wife; and

a ruling of the designation of a successor to the ownership of equipment for rituals, etc. upon divorce, etc., and a ruling to dismiss a petition for the ruling:a party to the marriage (in the case set forth in the provisions of Article 769, paragraph (2) of the Civil Code as applied mutatis mutandis pursuant to Article 751, paragraph (2) of the Code, the surviving spouse), and any other interested party.

An immediate appeal against a ruling of a disposition regarding the custody of a child (limited to a ruling of a disposition regarding contact between a child and a relative other than a parent) and a ruling to dismiss a petition for that ruling may also be filed by a person who may make a request under the provisions of Article 766-2, paragraph (2) of the Civil Code (limited to the part pertaining to item (ii)) and a person who may make a request under the provisions of Article 817-13, paragraph (5) of the Code.

When a petition for adjudication or mediation regarding the following matters is filed, and when it is necessary for the preservation of a compulsory execution or the prevention of an imminent danger to a child or any other interested party, the family court (or a high court in the case set forth in Article 105, paragraph (2); hereinafter the same applies in this Article and the following Article) may, upon the petition of the person who has filed the petition, issue a ruling of provisional seizure, provisional disposition or any other necessary provisional order by designating the adjudication case on the matter as a case on the merits:

a disposition regarding cooperation and mutual assistance between a husband and wife;

a disposition regarding the sharing of living expenses;

a disposition regarding the custody of a child; and

a disposition regarding the division of property.

When a family court orders a provisional disposition to determine a provisional status on the matters set forth in item (iii) of the preceding paragraph (excluding a provisional disposition regarding the sharing of expenses required for the custody of a child), it must hear statements from the child (limited to a child of 15 years of age or older), in addition to hearing statements from a person who is to be subject to adjudication pursuant to the provisions of Article 107; provided, however, that this does not apply when there are circumstances where taking the step of hearing the child's statements makes it impossible to achieve the purpose of the provisional order.

When a petition for the change of an administrator of property under a prenuptial agreement is filed by a husband or wife, and when it is necessary for the administration of the property owned by the petitioner and administered by the other party or of the property in joint ownership, the family court may, upon petition or by its own authority, appoint an administrator of property or give instructions to a party concerned with the case with regard to the matters regarding the administration of the property owned by the petitioner and administered by the other party or of the property in joint ownership, while not requiring security, until a ruling on the petition for the change of an administrator of property (if a petition for a disposition regarding the division of property in joint ownership is filed, a ruling on the petition) becomes effective.

When a petition for the change of an administrator of property under a prenuptial agreement is filed, and when it is necessary for the preservation of a compulsory execution or the prevention of an imminent danger to a party concerned with the case, the family court may issue a ruling of provisional disposition or any other necessary provisional order, upon the petition of the person who has filed the petition or of the other party to the marriage.