Article 157Provisional Order Sought by Designating an Adjudication Case Regarding Marriage as Case on the Merits
第百五十七条(婚姻等に関する審判事件を本案とする保全処分)
When a petition for adjudication or mediation regarding the following matters is filed, and when it is necessary for the preservation of a compulsory execution or the prevention of an imminent danger to a child or any other interested party, the family court (or a high court in the case set forth in Article 105, paragraph (2); hereinafter the same applies in this Article and the following Article) may, upon the petition of the person who has filed the petition, issue a ruling of provisional seizure, provisional disposition or any other necessary provisional order by designating the adjudication case on the matter as a case on the merits:
a disposition regarding cooperation and mutual assistance between a husband and wife;
夫婦間の協力扶助に関する処分
a disposition regarding the sharing of living expenses;
婚姻費用の分担に関する処分
a disposition regarding the custody of a child; and
子の監護に関する処分
a disposition regarding the division of property.
財産の分与に関する処分
When a family court orders a provisional disposition to determine a provisional status on the matters set forth in item (iii) of the preceding paragraph (excluding a provisional disposition regarding the sharing of expenses required for the custody of a child), it must hear statements from the child (limited to a child of 15 years of age or older), in addition to hearing statements from a person who is to be subject to adjudication pursuant to the provisions of Article 107; provided, however, that this does not apply when there are circumstances where taking the step of hearing the child's statements makes it impossible to achieve the purpose of the provisional order.
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)