Article 166Provisional Order during a Case on the Merits to Adjudicate the Establishment of Special Adoption
第百六十六条（特別養子縁組の成立の審判事件等を本案とする保全処分）
When a petition for the establishment of a special adoption is filed, and when it is necessary for the interests of a person who is to be adopted, the family court (or a high court in the case set forth in Article 105, paragraph (2); the same applies in paragraphs (3) and (4)) may, upon the petition of the person who has filed the petition, appoint the petitioner as a person who has custody of the person who is to be adopted or suspend the performance of duties by the person who has parental authority over the person who is to be adopted or by a guardian of the minor who is to be adopted or appoint a person acting as the representative thereof, until a ruling on the petition for the establishment of a special adoption becomes effective.
A ruling to suspend the performance of duties under the provisions of the preceding paragraph becomes effective when notice thereof is given to the person who has parental authority or a guardian of a minor who is to be suspended from performing duties, the person who exercises parental authority over the person who is to be adopted or any other guardian of the minor who is to be adopted, 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。
A family court may grant a 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 provisions of the preceding paragraph, out of the property of the person who is to be adopted.
The provisions of the preceding paragraphs (excluding the parts concerning a provisional order for the appointment of a person who has custody of a person who is to be adopted) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the dissolution of a special adoption as a case on the merits.
前各項の規定（養子となるべき者の監護者を選任する保全処分に関する部分を除く。）は、特別養子縁組の離縁の審判事件を本案とする保全処分について準用する。
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adjudication case for the dissolution of a special adoptionmachine translation
「特別養子縁組の離縁の審判事件」
A case in which the family court decides whether to dissolve a special adoption (特別養子縁組), the matter in row 64 of Appended Table 1 (別表第一).
Defined inArticle 3-7, paragraph (1)
provisional ordermachine translation
「保全処分」
A provisional order the family court hearing a domestic relations case makes by ruling (審判) before it decides the case — a provisional seizure (仮差押え), a provisional disposition (仮処分), the appointment of an administrator of property or another necessary measure under Article 105, paragraph (1) — or the judicial decision a high court makes in its place when the case is before that court.
Defined inArticle 106, paragraph (1)