A petition for adjudication of domestic relations must be filed by submitting a written petition (hereinafter referred to as a "written petition for adjudication of domestic relations") to a family court.
第二項
家事審判の申立書には、次に掲げる事項を記載しなければならない。
A written petition for adjudication of domestic relations must state the following matters:
一
当事者及び法定代理人
the party (parties) and the legal representative(s); and
When a petitioner seeks a ruling on two or more matters, and if the proceedings for adjudication of domestic relations regarding these matters are of the same kind and these matters are based on the same factual and legal cause, the petitioner may seek the ruling by filing a single petition.
When a written petition for adjudication of domestic relations is in violation of the provisions of paragraph (2), the presiding judge must specify a reasonable period and order that the defect should be corrected within that period.
In the case referred to in the preceding paragraph, if the petitioner fails to correct the defect, the presiding judge, by a direction, must dismiss the written petition for adjudication of domestic relations.
第六項
前項の命令に対しては、即時抗告をすることができる。
An immediate appeal may be filed against the direction set forth in the preceding paragraph.
The provisions of Article 137-2 of the Code of Civil Procedure apply mutatis mutandis when the petitioner does not pay fees for filing a petition for adjudication of domestic relations pursuant to the provisions of the Act on the Costs of Civil Proceedings (Act No. 40 of 1971).
A petitioner may amend the object of or reasons for petition unless there is any change to the basis for the petition; provided, however, that this does not apply after proceedings have been concluded pursuant to the provisions of Article 71 (including the cases where applied mutatis mutandis pursuant to Article 188, paragraph (4)).
An amendment to the object of or reasons for a petition must be made in writing except when it is made on a date for proceedings for adjudication of domestic relations.
If an amendment to the object of or reasons for a petition would substantially delay proceedings for adjudication of domestic relations, the family court may make a judicial decision not to permit the amendment.
第三款 家事審判の手続の期日
第五十一条
(事件の関係人の呼出し)Summons to Person Concerned with Case
第一項
家庭裁判所は、家事審判の手続の期日に事件の関係人を呼び出すことができる。
A family court may summon a person concerned with a case on a date for proceedings for adjudication of domestic relations.
A person concerned with a case who is summoned must appear on a date for proceedings for adjudication of domestic relations; provided, however, that the person may have a representative appear on the person's behalf if there are unavoidable circumstances.
第三項
前項の事件の関係人が正当な理由なく出頭しないときは、家庭裁判所は、五万円以下の過料に処する。
If the person concerned with the case set forth in the preceding paragraph does not appear without justifiable grounds, the family court punishes the person by a non-criminal fine of up to 50,000 yen.
第五十二条
(裁判長の手続指揮権)Presiding Judge's Control of Proceedings
第一項
家事審判の手続の期日においては、裁判長が手続を指揮する。
On a date for proceedings for adjudication of domestic relations, the presiding judge controls the proceedings.
第二項
裁判長は、発言を許し、又はその命令に従わない者の発言を禁止することができる。
The presiding judge may permit a person to speak or prohibit a person who does not comply with direction from speaking.
When a party makes an objection to a direction issued by the presiding judge with regard to the judge's control of proceedings on a date for proceedings for adjudication of domestic relations, the family court makes a judicial decision on such objection.
A family court may have an authorized judge conduct proceedings on a date for proceedings for adjudication of domestic relations; provided, however, that with regard to the investigation of facts and examination of evidence, this is allowed only when an authorized judge may examine facts or examine evidence pursuant to the provisions of Article 61, paragraph (3) or the provisions of Part II, Chapter IV, Sections 1 through 6 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 64, paragraph (1).
第二項
前項の場合においては、家庭裁判所及び裁判長の職務は、その裁判官が行う。
In the case referred to in the preceding paragraph, the authorized judge performs the duties of the family court and the presiding judge.
第五十四条
(音声の送受信による通話の方法による手続)Proceedings through Communication by Audio Transmissions
A family court may, when it finds it to be appropriate, after hearing the opinions of the parties, conduct proceedings on a date for proceedings for adjudication of domestic relations (excluding the examination of evidence) by means that enables the family court and both parties to communicate simultaneously with one another by audio transmissions, as provided for in the Rules of the Supreme Court.
第二項
家事審判の手続の期日に出頭しないで前項の手続に関与した者は、その期日に出頭したものとみなす。
A party who has participated in the proceedings set forth in the preceding paragraph without appearing on a date for proceedings for adjudication of domestic relations is deemed to have appeared on that date.
第五十五条
(通訳人の立会い等その他の措置)Attendance of Interpreters and Other Measures
The provisions of Article 154 of the Code of Civil Procedure apply mutatis mutandis to the attendance of an interpreter, etc. on a date for proceedings for adjudication of domestic relations, and the provisions of Article 155 of the Code apply mutatis mutandis to the measures for a party, interested party intervenor, representative or assistant in court who is unable to make such statements as necessary to clarify the matters relating to proceedings for adjudication of domestic relations.
第四款 事実の調査及び証拠調べ
第五十六条
(事実の調査及び証拠調べ等)Investigation of Facts and Examination of Evidence
A family court must investigate facts by its own authority and must examine evidence as it finds necessary upon petition or by its own authority.
第二項
当事者は、適切かつ迅速な審理及び審判の実現のため、事実の調査及び証拠調べに協力するものとする。
A party is to cooperate in the investigation of facts and examination of evidence in order to achieve appropriate and swift proceedings and adjudication.
第五十七条
(疎明)Prima Facie Showing
第一項
疎明は、即時に取り調べることができる資料によってしなければならない。
A prima facie showing must be made by materials that can be examined immediately.
第五十八条
(家庭裁判所調査官による事実の調査)Investigation of Facts by Family Court Investigating Officer
第一項
家庭裁判所は、家庭裁判所調査官に事実の調査をさせることができる。
A family court may have a family court investigating officer examine facts.
第二項
急迫の事情があるときは、裁判長が、家庭裁判所調査官に事実の調査をさせることができる。
If there are pressing circumstances, the presiding judge may have a family court investigating officer examine facts.
第三項
家庭裁判所調査官は、事実の調査の結果を書面又は口頭で家庭裁判所に報告するものとする。
A family court investigating officer is to report the results of the examination of facts to the family court in writing or orally.
第四項
家庭裁判所調査官は、前項の規定による報告に意見を付することができる。
A family court investigating officer may attach their own opinions to the report under the provisions of the preceding paragraph.
第五十九条
(家庭裁判所調査官の期日への立会い等)Attendance of Family Court Investigating Officer on Dates for Proceedings
A family court may, when it finds it to be necessary, have a family court investigating officer attend on a date for proceedings for adjudication of domestic relations.
A family court may, when it finds it to be necessary, have the family court investigating officer, who attends on a date for proceedings pursuant to the provisions of the preceding paragraph, state their own opinion.
A family court may, when it finds it to be appropriate, after hearing the opinions of the parties, on a date for proceedings for adjudication of domestic relations, by means that enables the family court and both parties to communicate simultaneously with the family court investigating officer by audio transmissions as provided for in the Rules of the Supreme Court, have the family court investigating officer attend the date for proceedings for adjudication of domestic relations and state the opinion referred to in the preceding paragraph on that date.
When a family court, in connection with the processing of a case for adjudication of domestic relations, finds it to be necessary in order to coordinate the family environment 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.
第五項
急迫の事情があるときは、裁判長が、前項の措置をとらせることができる。
If there are pressing circumstances, the presiding judge may have a family court investigating officer take the measures set forth in the preceding paragraph.
第六十条
(裁判所技官による診断等)Diagnosis by Technical Officials of Court
A family court may, when it finds it to be necessary, have a technical official of the court, who is a physician, diagnose the physical and mental condition of a person concerned with a case.
The provisions of Article 58, paragraphs (2) through (4) apply mutatis mutandis to the diagnosis set forth in the preceding paragraph, and the provisions of paragraphs (1) through (3) of the preceding Article apply mutatis mutandis to the attendance on a date for proceedings and statement of opinions by a technical official of the court.
第六十一条
(事実の調査の嘱託等)Commission of Investigation of Facts
第一項
家庭裁判所は、他の家庭裁判所又は簡易裁判所に事実の調査を嘱託することができる。
A family court may commission another family court or a summary court to investigate facts.
When a commissioned judge who performs duties as commissioned under the provisions of the preceding paragraph finds it to be appropriate for another family court or a summary court to examine facts, the judge may further commission the other court to investigate facts.
第三項
家庭裁判所は、相当と認めるときは、受命裁判官に事実の調査をさせることができる。
A family court may, when it finds it to be appropriate, have an authorized judge investigate facts.
When a commissioned judge or authorized judge investigates facts pursuant to the provisions of the preceding three paragraphs, the respective judge performs the duties of the family court and the presiding judge.
A family court may commission a government agency, public officer or any other entity as it finds appropriate to conduct the necessary examination, 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 a person concerned.
When an investigation of facts is conducted and a family court finds that the results thereof could cause a material change to a party's engagement in conducting proceedings for adjudication of domestic relations, the family court must give notice to that effect to the party and an interested party intervenor.