Article 289Examination of the Status of Performance of Obligations, and Performance Recommendations
第二百八十九条（義務の履行状況の調査及び履行の勧告）
Changes by (Act No. 53 of 2023)
A family court that has made a ruling under the provisions of Article 39 to impose an obligation on a person (if the court in charge of an appeal has made a judicial decision to impose an obligation on a person under the provisions of Article 91, paragraph (1) (including the cases where applied mutatis mutandis pursuant to Article 96, paragraph (1) and Article 98, paragraph (1)), the family court that is the court of first instance; and if a high court has made a judicial decision to impose an obligation on a person pursuant to the provisions of Article 105, paragraph (2), the family court that is the court of first instance of the case for adjudication of domestic relations on the merits; the same applies hereinafter) may, upon the request of an obligee, examine the status of the performance of the obligation determined by the ruling (if the court in charge of an appeal or a high court has made a judicial decision to determine an obligation, by the judicial decision; the same applies in paragraph (1) of the following Article), and recommend an obligor to perform the obligation.
A family court that has made a ruling under the provisions of Article 39 to impose an obligation on a person may commission another family court to conduct an examination and make a recommendation under the provisions of the preceding paragraph.
Changes by (Act No. 53 of 2023)
A family court that has made a ruling under the provisions of Article 39 to impose an obligation on a person as well as a family court that has been commissioned to conduct an examination and make a recommendation under the provisions of the preceding paragraph (these family courts are referred to as a "family court responsible for examination and recommendation" in the following paragraph through paragraph (6)) may have a family court investigating officer conduct the examination and make the recommendation under the provisions of paragraph (1).
When a family court responsible for examination and recommendation, in connection with the examination and recommendation under the provisions of paragraph (1), finds it to be necessary in order to coordinate the home, 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.
調査及び勧告をする家庭裁判所は、第一項の規定による調査及び勧告に関し、事件の関係人の家庭環境その他の環境の調整を行うために必要があると認めるときは、家庭裁判所調査官に社会福祉機関との連絡その他の措置をとらせることができる。
A family court responsible for examination and recommendation may commission a government agency, public officer, or any other entity as it finds appropriate to conduct the examination necessary for the examination and recommendation under the provisions of paragraph (1), 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 the person concerned.
調査及び勧告をする家庭裁判所は、第一項の規定による調査及び勧告に必要な調査を官庁、公署その他適当と認める者に嘱託し、又は銀行、信託会社、関係人の使用者その他の者に対し関係人の預金、信託財産、収入その他の事項に関して必要な報告を求めることができる。
Removed by (Act No. 53 of 2023)
When a person concerned with a case subject to examination and recommendation under the provisions of paragraph (1) makes a request for the inspection of a record, etc. or reproduction of a record of the case, the family court responsible for examination and recommendation may permit the inspection, etc. or reproduction when it finds it to be appropriate.
調査及び勧告をする家庭裁判所は、第一項の規定による調査及び勧告の事件の関係人から当該事件の記録の閲覧等又はその複製の請求があった場合において、相当と認めるときは、これを許可することができる。
Removed by (Act No. 53 of 2023)
The provisions of the preceding paragraphs apply mutatis mutandis to the performance of an obligation imposed on a person by mediation or by a ruling in lieu of mediation (including an obligation imposed on a person by a high court; the same applies in paragraph (3) of the following Article) and the performance of matters ordered as a disposition prior to mediation.
inspection of a record
「記録の閲覧等」
In Article 289, paragraph (6), inspecting or copying the record of an adjudication case (家事審判事件), obtaining an authenticated copy, transcript or extract of it, or obtaining a certificate of matters concerning the case.
Short name set inArticle 47, paragraph (1)· applies only in this provision and in Article 289, paragraph (6)
disposition prior to mediationcorrected by this site
「調停前の処分」
A disposition the mediation committee (調停委員会) may order while a mediation case is before it, as it finds necessary for the mediation; where matters are urgent, the judge on the committee may order it.
Short name set inArticle 266, paragraph (2)
ruling in lieu of mediationcorrected by this site
「調停に代わる審判」
A ruling (審判) the family court may make on its own authority to resolve a case where mediation has failed, weighing fairness to both parties and all the circumstances; it is not available in mediation of the personal-status matters covered by Article 277, paragraph (1).
Short name set inArticle 284, paragraph (1)
family court responsible for examination and recommendation
「調査及び勧告をする家庭裁判所」
The family court that made a ruling (審判) imposing an obligation under Article 39, and any family court it has asked to do the work, which may examine whether the obligation is being performed and recommend that the obligor perform it, and may have a family court investigating officer (家庭裁判所調査官) do so.
Short name set inArticle 289, paragraph (3)· applies only in this provision and in Article 289, paragraphs (4) to (6)