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.
第七節 親権に関する審判事件Changed
Article 167第百六十七条
Jurisdiction（管轄）
Article 167, paragraph (1)
Adjudication cases regarding parental authority are subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the child (in the case of a petition for the designation or change of a person who has parental authority, for the designation of a person exercising parental authority alone, or for a disposition regarding the administration of property offered to a child by a third party with respect to two or more children who have the same father or mother, one of the children).
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 (including adjudication cases for a provisional order sought by designating the adjudication cases set forth in items (iii), (vii) and (viii) as cases on the merits):
an adjudication case for the appointment of a special representative for a child (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (65)):the child;
子に関する特別代理人の選任の審判事件（別表第一の六十五の項の事項についての審判事件をいう。） 子
Article 168, paragraph (1), item (ii)（手続行為能力）(Capacity to Participate in Proceedings)Changed
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;
an adjudication case for the loss of parental authority, suspension of parental authority, or loss of right to manage assets (meaning an adjudication case regarding the matters as set forth in Appended Table 1, row (67)):the child and the child's parents;
an adjudication case for the revocation of a ruling of the loss of parental authority, suspension of parental authority, or loss of right to manage assets (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (68)):the child and the child's parents;
an adjudication case for permission for the surrender or resumption of parental authority or right to manage assets (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (69)):the child and the child's parents;
an adjudication case for the designation of a person who is to have parental authority over an adopted child after the dissolution of an adoptive relationship (meaning an adjudication case regarding the matters set forth in Appended Table 2, row (7)):the adopted child and the adopted child's parents and adoptive parents; and
an adjudication case for the designation or change of a person who has parental authority (meaning an adjudication case regarding the matters set forth in Appended Table 2, row (8)):the child and the child's parents.
親権者の指定又は変更の審判事件（別表第二の八の項の事項についての審判事件をいう。） 子及びその父母
Article 168, paragraph (1), item (viii)（手続行為能力）
an adjudication case for the designation of a person exercising parental authority alone (meaning an adjudication case regarding the matters set forth in Appended Table 2, row (8-2)):the child and the child's parents.
親権行使者の指定の審判事件（別表第二の八の二の項の事項についての審判事件をいう。） 子及びその父母
Article 169第百六十九条
Hearing Statements（陳述の聴取）
Article 169, paragraph (1)
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), (ii), and (iv), excluding the petitioner). In this case, it must hear statements from the person who has parental authority over the child set forth in item (i) on a hearing date:
a ruling of the loss of parental authority, suspension of parental authority, or loss of right to manage assets:the child (limited to a child of 15 years of age or older), and the person who has parental authority over the child;
親権喪失、親権停止又は管理権喪失の審判 子（十五歳以上のものに限る。）及び子の親権者
Article 169, paragraph (1), item (ii)
a ruling to revoke a ruling of the loss of parental authority, suspension of parental authority, or loss of right to manage assets:the child (limited to a child of 15 years of age or older), the person who exercises parental authority over the child, a guardian of the minor of the child, and a person who has lost parental authority, is subject to the suspension of parental authority, or has lost the right to manage assets;
a ruling of permission for the surrender of parental authority or right to manage assets:the child (limited to a child of 15 years of age or older); and
親権又は管理権を辞するについての許可の審判 子（十五歳以上のものに限る。）
Article 169, paragraph (1), item (iv)
a ruling of permission for the resumption of parental authority or right to manage assets:the child (limited to a child of 15 years of age or older), the person who exercises parental authority over the child, and a guardian of a minor.
When making a ruling of the designation or change of a person who has parental authority or the designation of a person exercising parental authority alone, 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.
Restrictions on the Withdrawal of Petitions（申立ての取下げの制限）
Article 169-2, paragraph (1)
A petition for the designation of a person who has parental authority may not be withdrawn without permission from the family court, even before a ruling is made.
Dismissal of Petitions if Divorce Is Not Established（離婚が成立しない場合の申立ての却下）
Article 169-3, paragraph (1)
In proceedings for a ruling of the designation of a person who has parental authority, the family court may specify a reasonable period and order the petitioner to submit, within that period, a document or electronic or magnetic record certifying that the parents have divorced.
In the case referred to in the preceding paragraph, if the petitioner does not submit the document or electronic or magnetic record prescribed in that paragraph within that period, the family court may dismiss the petition for a ruling of the designation of a person who has parental authority.
Notice of the rulings set forth in the following items must be given to the persons specified respectively in these items, beyond the persons prescribed in Article 74, paragraph (1); provided, however, that this does not apply when the family court finds that the notice would harm the interest of a child in consideration of the child's age, degree of development, and all other circumstances:
a ruling of the loss of parental authority, suspension of parental authority or loss of right to manage assets:the child; and
親権喪失、親権停止又は管理権喪失の審判 子
Article 170, paragraph (1), item (ii)
a ruling to revoke a ruling of the loss of parental authority, suspension of parental authority or loss of right to manage assets:the child, the person who exercises parental authority over the child, and a guardian of a minor.
親権喪失、親権停止又は管理権喪失の審判の取消しの審判 子、子に対し親権を行う者及び子の未成年後見人
Article 171第百七十一条
Orders of Delivery（引渡命令等）
Article 171, paragraph (1)
In a ruling of the designation or change of a person who has parental authority or the designation of a person exercising parental authority alone, the family court may order a party to surrender custody of the child or provide property benefit or perform any other act.
An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items (in items (i) through (iii) and (v), excluding the petitioner):
a ruling of the loss of parental authority:the person who loses parental authority and said person's relative;
親権喪失の審判 親権を喪失する者及びその親族
Article 172, paragraph (1), item (ii)
a ruling of the suspension of parental authority:the person who is subject to the suspension of parental authority and the person's relative;
親権停止の審判 親権を停止される者及びその親族
Article 172, paragraph (1), item (iii)
a ruling of the loss of right to manage assets:the person who loses the right to manage assets and the person's relative;
管理権喪失の審判 管理権を喪失する者及びその親族
Article 172, paragraph (1), item (iv)
a ruling to dismiss a petition for the loss of parental authority, suspension of parental authority, or loss of right to manage assets:the petitioner, the child and the child's relative, a guardian of the minor, and a supervisor of a guardian of the minor;
a ruling to revoke a ruling of the loss of parental authority, suspension of parental authority, or loss of right to manage assets:the child and the child's relative, the person who exercises parental authority over the child, a guardian of the minor, and a supervisor of a guardian of the minor;
a ruling to dismiss a petition for the revocation of a ruling of the loss of parental authority, suspension of parental authority, or loss of right to manage assets:the petitioner, as well as the person who has lost parental authority, is subject to the suspension of parental authority, or has lost the right to manage assets and the person's relative;
a ruling to dismiss a petition for permission for the resumption of parental authority or right to manage assets:the petitioner;
親権又は管理権を回復するについての許可の申立てを却下する審判 申立人
Article 172, paragraph (1), item (viii)
a ruling of the designation of a person who is to have parental authority over an adopted child after the dissolution of an adoptive relationship:the parents of the adopted child and the person who has custody of the adopted child;
養子の離縁後に親権者となるべき者の指定の審判 養子の父母及び養子の監護者
Article 172, paragraph (1), item (ix)
a ruling to dismiss a petition for the designation of a person who is to have parental authority over an adopted child after the dissolution of an adoptive relationship:the petitioner, the parents of the adopted child, and the person who has custody of the adopted child; and
養子の離縁後に親権者となるべき者の指定の申立てを却下する審判 申立人、養子の父母及び養子の監護者
Article 172, paragraph (1), item (x)
a ruling of the designation or change of a person who has parental authority, and a ruling to dismiss the petition for the ruling:the parents of the child and the person who has custody of the child.
親権者の指定又は変更の審判及びその申立てを却下する審判 子の父母及び子の監護者
Article 172, paragraph (1), item (xi)
a ruling of the designation of a person exercising parental authority alone and a ruling to dismiss the petition for the ruling:the parents of the child.
親権行使者の指定の審判及びその申立てを却下する審判 子の父母
Article 172, paragraph (2)
The period for filing the immediate appeals set forth in the following items runs from the dates specified respectively in these items:
次の各号に掲げる即時抗告の期間は、当該各号に定める日から進行する。
Article 172, paragraph (2), item (i)
an immediate appeal filed against a ruling of the loss of parental authority, suspension of parental authority, or loss of right to manage assets, filed by a person other than a person who receives notice of a ruling and by a child: the day on which the person who loses parental authority, is subject to the suspension of parental authority, or loses the right to manage assets has received notice of a ruling; or
an immediate appeal against a ruling to revoke a ruling of the loss of parental authority, suspension of parental authority or loss of the right to manage assets, filed by a person other than a person who receives notice of a ruling and by a child:the day on which the person who has lost parental authority, is subject to the suspension of parental authority, or has lost the right to manage assets has received notice of a ruling.
Article 173, paragraph (1)（管理者の改任等）Replacement, etc. of AdministratorsChanged
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.
Article 173, paragraph (2)（管理者の改任等）Replacement, etc. of AdministratorsAdded
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.
Article 173, paragraph (3)（管理者の改任等）Replacement, etc. of AdministratorsAdded
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.
前項の報告及び計算に要する費用は、子の財産の中から支弁する。
Article 173, paragraph (4)（管理者の改任等）Replacement, etc. of AdministratorsAdded
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.
家庭裁判所は、財産の管理者に対し、その提供した担保の増減、変更又は免除を命ずることができる。
Article 173, paragraph (5)（管理者の改任等）Replacement, etc. of AdministratorsAdded
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.
Article 173, paragraph (7)（管理者の改任等）Replacement, etc. of AdministratorsAdded
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.
Provisional Order during a Case on the Merits to Adjudicate the Loss of Parental Authority, Suspension of Parental Authority, or the Loss of Right to Manage Assets（親権喪失、親権停止又は管理権喪失の審判事件を本案とする保全処分）
Article 174, paragraph (1)
When a petition for the loss of parental authority, suspension of parental authority, or loss of the right to manage assets is filed, and when the family court (or a high court in the case set forth in Article 105, paragraph (2); the same applies in this Article and the following Article) finds it to be necessary in the interests of a child, the family court may, upon the petition of the person who has filed the petition, suspend the performance of duties by the person who has parental authority over the child or appoint a person acting as the representative thereof, until a ruling on the petition for the loss of parental authority, suspension of parental authority or loss of right to manage assets becomes effective.
A ruling to suspend the performance of duties by a person who has parental authority under the provisions of the preceding paragraph becomes effective when notice thereof is given to the person who has parental authority who is to be suspended from performing duties, the person who exercises parental authority over the child, or a person acting as a representative appointed pursuant to the provisions of the paragraph.
A family court may, at any time, replace a person acting as a representative appointed pursuant to the provisions of paragraph (1), with another.
家庭裁判所は、いつでも、第一項の規定により選任した職務代行者を改任することができる。
Article 174, paragraph (4)
A family court may grant reasonable remuneration to a person acting as a representative appointed pursuant to the provisions of paragraph (1) or a person acting as a representative appointed as a replacement pursuant to the preceding paragraph, out of the property of the child.
Provisional Order Sought by Designating Adjudication Case, etc. for Designation or Change of a Person Who Has Parental Authority as Case on Merits（親権者の指定又は変更の審判事件等を本案とする保全処分）
Article 175, paragraph (1)
When a petition for adjudication or mediation regarding the designation or change of a person who has parental authority or the designation of a person exercising parental authority alone 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 may, upon the petition of the person who has filed the petition, issue an order for a provisional disposition or any other necessary provisional order by designating the adjudication case for the designation or change of a person who has parental authority or the designation of a person exercising parental authority alone as a case on the merits.
When issuing an order for a provisional disposition to determine a provisional status pursuant to the provisions of the preceding paragraph, 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 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 petition for a provisional order.
When a petition for adjudication or mediation regarding the designation or change of a person who has parental authority is filed, and when it is necessary in the interests of a child, the family court may, upon the petition of the person who has filed the petition, suspend the performance of duties by the person who has parental authority or appoint a person acting as the representative thereof, until a ruling on the petition for the designation or change of a person who has parental authority becomes effective.
A ruling to suspend the performance of duties by a person who has parental authority under the provisions of the preceding paragraph becomes effective when notice thereof is given to the person who has parental authority who is to be suspended from performing duties, the person who exercises parental authority over the child, or a person acting as a representative appointed pursuant to the provisions of the paragraph.
A family court may, at any time, replace a person acting as a representative appointed pursuant to the provisions of paragraph (3), with another.
家庭裁判所は、いつでも、第三項の規定により選任した職務代行者を改任することができる。
Article 175, paragraph (6)
A family court may grant reasonable remuneration to a person acting as a representative appointed pursuant to the provisions of paragraph (3) or a person acting as a representative appointed as a replacement pursuant to the provisions of the preceding paragraph, out of the property of the child.
The day a law or an amendment starts to apply. It is often months or years after promulgation, so that people have time to prepare. The Ministry of Justice's English usually says a law "comes into force" or "comes into effect", and sometimes calls the day its "enforcement date". Its "enforcement" more often means the word's other sense, carrying a law out, as in an Order for Enforcement (施行令), the Cabinet Order (政令) that sets out the details for carrying out an Act.
Rules made by the Cabinet to carry out the Constitution and Acts. A Cabinet Order cannot impose duties, restrict rights or set penalties unless an Act delegates that to it.
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:
a ruling to revoke a ruling of the loss of parental authority, suspension of parental authority, or loss of right to manage assets:the child (limited to a child of 15 years of age or older), the parental authority over the child, a guardian of the minor of the child, and a person who has lost of parental authority, is subject to the suspension of parental authority, or has lost of the right to manage assets;
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)
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:
Notice of the rulings set forth in the following items must be given to the persons specified respectively in these items, beyond the persons prescribed in Article 74, paragraph (1):provided, however, that this does not apply when the family court finds that the notice would harm the interest of a child in consideration of the child's age, degree of development, and all other circumstances:
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)
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:
an immediate appeal filed against a ruling of the loss of parental authority, suspension of parental authority, or loss of right to manage assets, filed by a person other than a person who receives notice of a ruling and by a child: the day on which the person who loses parental authority, is subject to the suspension of parental authority, or loses the right to manage assets has received notice of a ruling: or
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)
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:
an immediate appeal against a ruling to revoke a ruling of the loss of parental authority, suspension of parental authority or loss of the right of administration of property, filed by a person other than a person who receives notice of a ruling and by a child:the day on which the person who loses parental authority, is subject to the suspension of parental authority, or loses the right to manage assets has received notice of a ruling.
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)
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 issuing an order for a provisional disposition to determine a provisional status pursuant to the provisions of the preceding paragraph, 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 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 petition for a provisional order.
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)
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 petition for adjudication or conciliation regarding the designation or change of a person who has parental authority is filed, and when it is necessary in the interests of a child, the family court may, upon the petition of the person who has filed the petition, suspend the performance of duties by the person who has parental authority or appoint a person acting as the representative thereof, until a ruling on the petition for the designation or change of a person who has parental authority becomes effective.
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)