Personal Status Litigation Act

A person may file a request for access to the case records (meaning access to the case records prescribed in Article 92, paragraph (1) of the Code of Civil Procedure; the same applies in this Article below) with respect to a part of the case record that concerns an examination of the facts (referred to below as the "part of the record concerning an examination of the facts" in this Article and paragraph (1) of the following Article) only if the court gives its permission pursuant to the provisions of paragraph (3) or paragraph (4).

Notwithstanding the provisions of the preceding paragraph, a party may file a request with the court clerk for access to the case records concerning those portions of the part of the record concerning an examination of the facts set forth below without obtaining the court's approval.

paper documents, etc. (meaning a paper document, written material, transcript, extract, authenticated copy, duplicate copy, extra copy, or any other paper or other tangible object into which information that can be perceived with the human senses, such as characters and shapes, has been entered; the same applies below), audiotapes, or videotapes (including objects on which certain matters are recorded by any means equivalent thereto) submitted by the party;

information recorded in a file using an electronic data processing system specified by the Rules of the Supreme Court by the party pursuant to the provisions of this Act or other laws and regulations;

if the information stated or recorded in a paper document, etc. or recording media submitted by the party were recorded in a file by the court clerk pursuant to the provisions of Article 132-13 of the Code of Civil Procedure applied by replacing terms pursuant to the provisions of paragraph (3) of the following Article, those matters; or

regarding information set forth in the preceding two items, if measures are taken to output the contents to a document or to record those contents in a different recording medium pursuant to the provisions of paragraph (1) of the following Article or Article 92, paragraph (9) of the Code of Civil Procedure, that document or recording medium.

If a party files a petition for permission for access to the case records, etc. with respect to a part of the record that concerns an examination of the facts, the court must permit it provided, however, that as it relates to a part of the record concerning an examination of the facts for which it is found that the following risks could arise from the party having access to the case records, the court may permit that access only if the court finds this to be appropriate:

a risk of harming the interests of a child the parties have who has not yet reached adulthood, if applicable;

a risk of disrupting the private life or business of a party or a third party; or

the risk that revealing a deep personal secret from the private life of a party or a third party could substantially interfere with their life in the community or cause substantial harm to their reputation.

If a third party makes a prima facie showing of interest and files a petition for permission for access to the case records with respect to a part of the record concerning an examination of the facts, the court may permit it if it finds this to be appropriate.

An immediate appeal may be filed against a judicial decision dismissing a petition as referred to in paragraph (3).

If it is found that the immediate appeal under the provisions of the preceding paragraph has been filed for the purpose of unjustly delaying personal status litigation procedures, the court of first instance must dismiss it.

An immediate appeal may be filed against an order under the provisions of the preceding paragraph.

No appeal may be entered against a judicial decision to dismiss the petition referred to in paragraph (4).

The provisions of Article 133-2 and Article 133-3 of the Code of Civil Procedure do not apply to the part of the case record that concerns an examination of the facts.

When a court makes a decision referred to in Article 133, paragraph (1) of the Code of Civil Procedure and determines that it is necessary, the court may output to a document the information of the portion of electronic or magnetic case records (meaning electronic or magnetic case records prescribed in Article 91-2, paragraph (1) of that Code; the same applies in this Article below) recording concealed information (meaning personal information of a person seeking anonymity prescribed in Article 133, paragraph (2) of that Code; the same applies in this paragraph below) within the part of the case record that concerns an examination of the facts or any information that can identify by inference any concealed information or record that information in other recording media and take measures to erase those portions from the electronic or magnetic case records and other measures specified by the Rules of the Supreme Court as necessary and appropriate for the security control of those portions.

If measures are taken to erase information from electronic or magnetic case records under the provisions of the preceding paragraph and a subsequent judicial decision to cancel the order referred to in that paragraph becomes final and binding or the court otherwise determines that it is no longer necessary to take the measures, the court clerk must record that portion in a file.

Regarding the application of the provisions of Article 132-13 of the Code of Civil Procedure to matters stated or recorded in a paper document, etc. or recording media containing electronic or magnetic records submitted to the court in accordance with the provisions of this Act or other laws and regulations in an examination of the facts, in item (iv) of that Article, the phrase "under the provisions of Article 133-3, paragraph (1)" is deemed to be replaced with "referred to in Article 133, paragraph (1)," the phrase "of the decision" is deemed to be replaced with "that", the phrase "and containing electronic or magnetic records" is deemed to be replaced with "or that" and "the information" is deemed to be replaced with "concealed information (meaning concealed matters prescribed in paragraph (2) of that Article; the same applies in this item) or any information that can identify by inference any concealed information."

In litigation involving an action to rescind a marriage or an action for divorce, if the marriage that is the subject of that action has been terminated other than by a judgment, but a petition on an ancillary disposition has already been filed and any matter in question was not determined when the marriage was terminated, the court in charge of the case must conduct the trial and make a judicial decision on the ancillary disposition.

Notwithstanding the provisions of Article 19, paragraph (2), the provisions of Article 266 of the Code of Civil Procedure (excluding the part related to the acknowledgement of a claim in paragraph (2)) and of Articles 267 and 267-2 of that Code apply to a settlement (limited to a settlement by which divorce is effected; the same applies in this Article below) and the waiver or acknowledgement of a claim in litigation connected with an action for divorce provided, however, that, with regard to the acknowledgement of claims, this is limited to cases in which it is not necessary to make a judicial decision on ancillary disposition, as referred to in Article 32, paragraph (1) or a judicial decision designating the person with parental authority, as referred to in paragraph (3) of that Article.

A settlement under the provisions of Article 264 and Article 265 of the Code of Civil Procedure may not be effected in litigation connected with a divorce action.

The parties referred to in Article 89, paragraph (3) and Article 170, paragraph (4) of the Code of Civil Procedure may not effect a settlement or acknowledge a claim on the date provided in Article 89, paragraph (2) and Article 170, paragraph (3) in litigation connected with an action for divorce provided, however, that this does not apply if the proceedings on that date are conducted by a method that allows both the court and each of the parties to communicate with one another through audio and visual transmissions while gaining an awareness of one another's situation.

If requested by the obligee in connection with an obligation established through a judicial decision under the provisions of Article 32, paragraph (1) or (2) (including as applied mutatis mutandis pursuant to paragraph (3) of that Article; the same applies below), the family court that made that judicial decision (or the family court constituting the court of first instance, if it was an appellate court that made that decision) may investigate the status of performance of the obligation and issue the obligor a recommendation to perform under the obligation.

The family court referred to in the preceding paragraph may commission another family court to conduct the investigation or issue the recommendation under the provisions of that paragraph.

The family court referred to in paragraph (1) or the family court that has been commissioned as referred to in the preceding paragraph may have a family court investigator conduct the investigation or make the recommendation under the provisions of paragraph (1).

The provisions of the preceding three paragraphs apply mutatis mutandis to the performance of an obligation that may be established through a judicial decision under Article 32, paragraph (1) or (2) but that has been established through a settlement in litigation connected with an action to rescind a marriage or with an action for divorce.

At the request of the obligee, if a person has neglected to perform an obligation to pay money or provide any other economic benefit that has been established through a judicial decision under the provisions of Article 32, paragraph (2), the family court that made that decision (or the family court constituting the court of first instance, if it was an appellate court that made the decision) may issue an order to the obligor to perform under the obligation, specifying a reasonable period for performance. In that case, the court is to issue the order for all or part of the obligation that the obligor has neglected to perform by the time of the order.

The family court referred to in the preceding paragraph must hear a statement from the obligor in order to issue an order to perform the obligation pursuant to the provisions of that paragraph.

The provisions of the preceding two paragraphs apply mutatis mutandis to an obligation to pay money or provide any other such economic benefit that may be established through a judicial decision under the provisions of Article 32, paragraph (2) but that has been established through a settlement in litigation connected with an action to rescind a marriage or with an action for divorce.

If a person ordered to perform an obligation pursuant to the provisions of paragraph (1) (including as applied mutatis mutandis pursuant to the preceding paragraph) does not comply with the order and is without legitimate grounds for their non-compliance, the family court that ordered performance of the obligation issues a ruling imposing a civil fine of not more than 100,000 yen.

An immediate appeal may be filed against the ruling referred to in the preceding paragraph.

The provisions of Article 189 of the Code of Civil Procedure apply mutatis mutandis to the ruling referred to in paragraph (4).

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