Personal Status Litigation Act

If the parties to a marriage that is subject to an action to rescind the marriage or an action for divorce have a child who has not yet reached adulthood, the family court must take into consideration the domicile or residence of that child in applying the provisions of Article 6 and Article 7 to the litigation connected with that action.

On petition, in a judgment upholding a claim relating to an action to rescind a marriage or an action for divorce filed by either the husband or the wife against the other, the court must make a judicial decision designating the custodial parent and disposing of other such matters related to child custody; disposing of matters related to the distribution of property; designating the person exercising parental authority alone (meaning a person who exercises parental authority alone pursuant to Article 824-2, paragraph (3) of the Civil Code; the same applies in paragraph (4)) (limited to designation concerning matters for which parental authority needs to be exercised in connection with the rescission of the marriage or divorce; the same applies in that paragraph); or disposing of matters under the provisions of Article 78-2, paragraph (2) of the Employees' Pension Insurance Act (Act No. 115 of 1954) (collectively referred to below as "ancillary disposition").

In a case as referred to in the preceding paragraph, the court, in the judgment referred to in that paragraph, may order a party to hand over a child or to provide an economic or other benefit, including by paying money.

The provisions of the preceding paragraph apply mutatis mutandis to a case in which the court makes a judicial decision designating the person with parental authority in a judgment upholding the claim in an action to rescind a marriage or an action for divorce.

In order to make a judicial decision as referred to in paragraph (1) designating the custodial parent and disposing of other matters related to child custody or a judicial decision designating the person exercising parental authority alone, or a judicial decision as referred to in the preceding paragraph designating the person with parental authority, the court must hear the child's statement, if the child is 15 years of age or older.

In order to make a judicial decision on ancillary disposition as referred to in paragraph (1) of the preceding Article or a judicial decision designating the person with parental authority as referred to in paragraph (3) of that Article, the court may conduct an investigation of the facts.

If the court finds it appropriate, it may issue an order to the members of a panel or issue a commission to a family court or summary court and have those members or that court conduct the investigation of the facts referred to in the preceding paragraph (simply referred to below as an "examination of the facts").

If an authorized judge or commissioned judge conducts an examination of the facts pursuant to the provisions of the preceding paragraph, the duties of the court and of the presiding judge are performed by that judge.

If the court sets a hearing date and hears one party's statements in order to conduct an examination of the facts, the other party may attend the hearing provided, however, that this does not apply if the other party's attendance risks hindering the examination of the facts.

The proceedings in an examination of the facts are not open to the public provided, however, that the court may permit observation by a person whom it considers to be appropriate.

If a court finds it to be reasonable, the court may, after hearing the opinions of both parties, perform procedures on a hearing date referred to in paragraph (4) by a method of communication that enables the court and both parties to simultaneously communicate with one another by audio transmission as provided for by the Rules of the Supreme Court.

A party who does not appear on a hearing date referred to in the preceding paragraph and participates in the proceedings is deemed to have appeared on that hearing date.

The court may have a family court investigator conduct an examination of the facts.

In urgent circumstances, the presiding judge may have a family court investigator conduct an examination of the facts.

A family court investigator is to report the results of an examination of the facts to the court orally or in writing.

A family court investigator may add an opinion to a report under the preceding paragraph.

A family court investigator may, in lieu of a paper report under the provisions of paragraph (3), as provided for by the Rules of the Supreme Court, make a report by recording the matters to be stated in the document in a file on a computer used by the court (simply referred to as a "file" in Article 35, paragraph (2) and Article 35-2, paragraph (2)) by means of electronic data processing systems (meaning electronic data processing systems that connect a computer (including input and output devices; the same applies in this paragraph below) used by the court and the computer used by the other party of the proceeding over telecommunication lines; the same applies in Article 35, paragraph (2), item (ii)) specified by the Rules of the Supreme Court or by submitting recording media with electronic or magnetic records (meaning records used in computer data processing which are created in electronic form, magnetic form, or any other form that is otherwise impossible to perceive through the human senses alone; the same applies in paragraph (3) of that Article) of the matters to be stated in the report.

The provisions of Article 23 and Article 25 of the Code of Civil Procedure (excluding the parts concerning challenging court officials) apply mutatis mutandis to family court investigators.

If a petition to disqualify a family court investigator is submitted, that investigator may not participate in the case in connection with which the petition was filed until an order on the petition becomes final and binding.

In the case where a petition for a disposition of matters related to child custody referred to in Article 32, paragraph (1) (limited to a disposition concerning the sharing of expenses required for the custody of a child) has been filed, if the court finds it necessary, the court may, on petition or on its own authority, order a party to disclose information on the party's income and assets.

If a petition concerning matters related to the distribution of property as referred to in Article 32, paragraph (1) has been filed, the court may, if it finds it necessary, order a party to disclose information on the status of the party's property, upon petition or sua sponte.

If a party who has been ordered to disclose information pursuant to the provisions of the preceding two paragraphs fails to disclose that information without a legitimate reason or discloses false information, the court issues a ruling imposing a civil fine of not more than 100,000 yen on the party.

If a petition for the designation of a person to have custody of a child or for other matters related to child custody as referred to in Article 32, paragraph (1) (excluding matters related to the sharing of expenses required for child custody) has been filed, and there are no circumstances found to make it inappropriate in light of the child's physical and mental condition, and the court finds it necessary for an examination of the facts, the court may encourage the parties to carry out a trial implementation of contact with the child.

In encouraging the trial implementation under the preceding paragraph, the court may specify the method of contact, the date, time and place of contact, and whether a family court investigator or another person is to be present or otherwise involved, and may also impose on the parties a condition prohibiting words or conduct that have a harmful effect on the mind and body of the child, or any other condition it finds appropriate.

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