概要
共同親権の法制度化について、原案となる部分のテキストを掲載するとともに、AI自動翻訳を活用して海外向けにも情報をまとめる。
On February 19, 6th year of Reiwa (2024), a week later than scheduled, the Liberal Democratic Party (LDP) approved the amendment to the Civil Code. The content of the amendment had been referred to the Legislative Council at the Ministry of Justice, and it was swiftly approved, with almost no careful reflection of the LDP's five proposals as provisions. The approval process seemed as if it had already been prearranged. If not explicitly specified, the only recourse left is to entrust hopes to administrative and judicial authorities through operational interpretations. (There are still approvals from councils and general meetings, but substantively, they have rarely been involved in revisions so far.)
共同親権の法案（冒頭の重要箇所）
※テキストのずれ・脱字などお許しください。
民法等の一部を改正する法律案要綱
第一
民法の一部改正（第一条関係）
一 親の責務等
１ 父母は、子の心身の健全な発達を図るため、その子の人格を尊重するとともに、その子の年齢及び発達の程度に配慮してその子を養育しなければならず、かつ、その子が自己と同程度の生活を維持することができるよう扶養しなければならないものとすること。（第八百十七条の十二第一項関係）
２ 父母は、婚姻関係の有無にかかわらず、子に関する権利の行使又は義務の履行に関し、その子の利益のため、互いに人格を尊重し協力しなければならないものとすること。（第八百十七条の十二第二項関係）
二 親権等
１ 親権
親権は、成年に達しない子について、その子の利益のために行使しなければならないものとすること。（第八百十八条第一項関係）
父母の婚姻中はその双方を親権者とするものとすること。（第八百十八条第二項関係）
２ 親権の行使方法等
親権は、父母が共同して行うものとすること。ただし、次の⑴から⑶までに掲げるときは、その一方が行うものとすること。（第八百二十四条の二第一項関係）
⑴ その一方のみが親権者であるとき。
⑵ 他の一方が親権を行うことができないとき。
⑶ 子の利益のため急迫の事情があるとき。
父母は、その双方が親権者であるときであっても、 本文の規定にかかわらず、監護及び教育に関する日常の行為に係る親権の行使を単独ですることができるものとすること。（第八百二十四条の二第二項関係）
特定の事項に係る親権の行使（ ただし書又は の規定により父母の一方が単独で行うことができるものを除く。）について、父母間に協議が調わない場合であって、子の利益のため必要があると認めるときは、家庭裁判所は、父又は母の請求により、当該事項に係る親権の行使を父母の一方が単独ですることができる旨を定めることができるものとすること。（第八百二十四条の二第三項関係）
３ 離婚又は認知の場合の親権者
父母が協議上の離婚をするときは、その協議で、その双方又は一方を親権者と定めるものとすること。（第八百十九条第一項関係）裁判上の離婚の場合には、裁判所は、父母の双方又は一方を親権者と定めるものとすること。（第八百十九条第二項関係）
子の出生前に父母が離婚した場合には、子の出生後に、父母の協議で、父母の双方又は父を親権者と定めることができるものとすること。（第八百十九条第三項ただし書関係）
父が認知した子に対する親権は、母が行うものとすること。ただし、父母の協議で、父母の双方又は父を親権者と定めることができるものとすること。（第八百十九条第四項関係）
子の利益のため必要があると認めるときは、家庭裁判所は、子又はその親族の請求によって、親権者を変更することができるものとすること。（第八百十九条第六項関係）裁判所は、＊＊又は第八百十九条第五項の裁判において、父母の双方を親権者と定めるかその一方を親権者と定めるかを判断するに当たっては、子の利益のため、父母と子との関係、父と母との関係その他一切の事情を考慮しなければならないものとすること。この場合において、次の⑴又は⑵のいずれかに該当するときその他の父母の双方を親権者と定めることにより子の利益を害すると認められるときは、父母の一方を親権者と定めなければならないものとすること。（第八百十九条第七項関係）
⑴ 父又は母が子の心身に害悪を及ぼすおそれがあると認められるとき。
⑵ 父母の一方が他の一方から身体に対する暴力その他の心身に有害な影響を及ぼす言動（ において「暴力等」という。）を受けるおそれの有無、＊＊ 又は ＊＊の協議が調わない理由その他の事情を考慮して、父母が共同して親権を行うことが困難であると認められるとき。の場合において、家庭裁判所は、父母の協議により定められた親権者を変更することが子の利益のため必要であるか否かを判断するに当たっては、当該協議の経過、その後の事情の変更その他の事情を考慮するものとすること。この場合において、当該協議の経過を考慮するに当たっては、父母の一方から他の一方への暴力等の有無、家事事件手続法による調停の有無又は裁判外紛争解決手続（裁判外紛争解決手続の利用の促進に関する法律第一条に規定する裁判外紛争解決手続をいう。）の利用の有無、協議の結果についての公正証書の作成の有無その他の事情をも勘案するものとすること。（第八百十九条第八項関係）
海外向け
Outline of the Bill to Amend Certain Parts of the Civil Code
Part 1. Partial Amendment of the Civil Code (Related to Article 1)
1. Parental Duties
1. Parents must respect the personality of their child and provide for the child's upbringing, taking into consideration the child's age and level of development to ensure the child's sound physical and mental development. They must also support the child so that the child can maintain a standard of living equivalent to their own. (Related to Article 817-12, Paragraph 1)
2. Regardless of the existence of a marital relationship, parents must respect each other's personality and cooperate for the exercise of rights or fulfillment of obligations concerning the child, for the benefit of the child. (Related to Article 817-12, Paragraph 2)
2. Parental Authority
1. Parental authority must be exercised for the benefit of a child who has not reached the age of majority. (Related to Article 818, Paragraph 1)
2. During the parents' marriage, both parents shall have parental authority. (Related to Article 818, Paragraph 2)
3. Exercise of Parental Authority and Methods
- Parental authority shall be exercised jointly by both parents. However, in the following cases (⑴ to ⑶), one parent may exercise parental authority:
⑴ When only one parent has parental authority.
⑵ When the other parent is unable to exercise parental authority.
⑶ When there are urgent circumstances for the benefit of the child.
- Even if both parents have parental authority, regardless of the provisions of the main text, they may individually exercise parental authority concerning the daily acts related to custody and education. (Related to Article 824-2, Paragraph 2)
- In cases where there is a need for the exercise of parental authority regarding specific matters (excluding cases where one parent can exercise it alone based on the provisions of the proviso or ), and if there is a lack of agreement between the parents but it is deemed necessary for the benefit of the child, the family court may, at the request of either the father or the mother, specify that one parent can exercise parental authority regarding the specific matter individually. (Related to Article 824-2, Paragraph 3)」
「When parents discuss a divorce, they shall determine through their discussion whether both or one of them will have parental authority. (Related to Article 819, Paragraph 1)
In cases of divorce through the court, the court shall determine whether both or one of the parents will have parental authority. (Related to Article 819, Paragraph 2)
If parents divorce before the birth of the child, they may determine through their discussion, after the child's birth, whether both or the father will have parental authority. (Related to Article 819, Paragraph 3, proviso)
The parental authority for a child acknowledged by the father shall be exercised by the mother. However, through the parents' discussion, they may determine whether both or the father will have parental authority. (Related to Article 819, Paragraph 4)
When it is deemed necessary for the benefit of the child, the family court may change the person with parental authority upon the request of the child or their relatives. (Related to Article 819, Paragraph 6)
When determining whether both parents or one of them will have parental authority in a court decision or in the judgment under Article 819, Paragraph 5, the court shall consider the benefit of the child, the relationship between the parents and the child, the relationship between the father and the mother, and all other circumstances. In this case, if it is recognized that designating both parents as the person with parental authority would harm the child's interest, one of the parents must be designated as the person with parental authority. (Related to Article 819, Paragraph 7)
1. When there is a risk that the father or mother may cause harm to the child's physical or mental well-being.
2. When considering the presence or absence of violence or other harmful actions (referred to as "violence, etc.") towards the body from one parent to the other, the difficulty of reaching an agreement, or other circumstances, it is recognized that it is difficult for the parents to exercise parental authority jointly.
In the case mentioned above, when determining whether it is necessary for the child's interest to change the person with parental authority as determined by the parents' discussion, the family court shall consider the progress of the discussion, subsequent changes in circumstances, and other factors. In considering the progress of the discussion, the court shall take into account the presence or absence of violence, etc., from one parent to the other, the presence or absence of mediation under the Act on Domestic Relations Case Procedure, the use of alternative dispute resolution procedures (referring to the procedures for alternative dispute resolution prescribed in Article 1 of the Act on Promotion of the Use of Alternative Dispute Resolution), and the presence or absence of the creation of a notarized document regarding the results of the discussion, among other factors. (Related to Article 819, Paragraph 8)
4. Acceptance of Divorce Notification
A divorce notification cannot be accepted unless it is determined that the divorce does not violate the provisions of Article 764, and other relevant laws and regulations, and in cases where there are non-adult children between the spouses, it is recognized to fall under one of the following:
- The designation of the person with parental authority has been made.
- A petition for family court judgment or family mediation requesting the designation of the person with parental authority has been filed. (Related to Article 765, Paragraph 1)
5. Provisions Regarding Custody of Children After Divorce
When parents agree to a divorce, necessary matters regarding the custody of the child, including the person responsible for the custody of the child, the division of custody, the interaction between the father or mother and the child, the sharing of expenses required for the custody of the child, and other necessary matters should be determined through their discussion. In this case, the best interests of the child must be given the highest priority. (Related to Article 766, Paragraph 1)
The person designated as the person responsible for the custody of the child, as determined by Article 766 (including cases where it is applied by Article 749, Article 771, and Article 788), shall have the same rights and obligations as the person with parental authority regarding the matters specified in Article 820 to Article 823. In this case, the person responsible for the custody of the child shall have the authority to independently make decisions regarding the custody and education of the child, designation and change of residence, as well as the permission, cancellation, and restriction of commercial activities. (Related to Article 824-3, Paragraph 1)
In cases where the person with parental authority (excluding the person responsible for the custody of the child) hinders the person responsible for the custody of the child from performing acts under the subsequent provisions, it shall be prohibited. (Related to Article 824-3, Paragraph 2)
3. Priority of Expenses for Child Custody
A person who has a claim arising from expenses for child custody shall have a priority claim on the total assets of the debtor. (Related to Article 306, Item 3)
The priority claim for expenses for child custody shall apply to periodic payments with specified deadlines related to the obligations listed in (a) to (g) below:
(a) Obligations of cooperation and support between spouses according to the provisions of Article 752.
(b) Obligations of sharing costs arising from marriage according to the provisions of Article 760.
(c) Obligations regarding child custody according to the provisions of Article 766 and Article 2 (including cases where these provisions are applied by Article 749, Article 771, and Article 788).
(d) Obligations of support according to the provisions from Article 877 to Article 880.
2. Special Provision in the Absence of Agreement on Cost-Sharing for Child Custody
In cases where parents divorce without reaching an agreement on the cost-sharing for child custody, if one of the parents continues to primarily care for the child after the divorce, the other parent may be requested to make monthly payments for the cost-sharing of the child's custody. The amount shall be determined by considering the minimum standard cost required for the child's basic living expenses, taking into account the number of children, and other relevant circumstances, as specified by the Ministry of Justice Ordinance. However, if the other parent can prove the inability to make such payments or that their livelihood would be severely jeopardized by making such payments, they may refuse to pay all or part of the requested amount. (Related to Article 766-3, Paragraph 1)
The months to which the day of divorce or the earliest of the dates (a) to (c) listed below belong shall be used for prorating the amount in the months relating to the calculation of the amount. (Related to Article 766-3, Paragraph 2)
(a) The day when parents reached an agreement on the cost-sharing for child custody through their discussion.
(b) The day when a judgment regarding the cost-sharing for child custody is finalized.
(c) The day when the child reaches the age of majority.
When the family court determines or modifies the cost-sharing for child custody according to the provisions of Article 766-3, the court may consider the payment ability of the other parent who incurs the debt in relation to the obligations and may order the total or partial exemption, deferment of payment, or any other appropriate disposition of the debt. (Related to Article 766-3, Paragraph 3)
4. Parent-Child Interaction and Visitation Rights
1. Determination of Interaction between Non-Parent Relatives and Child by Court Decision
The family court may, when it deems it particularly necessary for the best interests of the child, specify the implementation of interaction between non-parent relatives and the child as a necessary matter concerning the child's custody, as provided in the first paragraph of Article 766. (Related to Article 766-2, Paragraph 1)
Requests for court decisions based on the provisions of the second or third paragraphs of Article 766 regarding the determination as mentioned above shall be made by the following individuals (in the case of individuals listed in (2), only when there is no other appropriate method to determine the interaction between that person and the child). (Related to Article 766-2, Paragraph 2)
(1) Parents
(2) Non-parent relatives of the child (limited to individuals who have previously had custody of the child, excluding the child's direct lineal relatives and siblings)
2. Interaction between Parents and Child during Marriage
In addition to the cases specified in Article 766 (including cases where Article 749, Article 771, and Article 788 are applied), matters concerning the interaction between a father or mother who lives separately from the child and other relatives and the child shall be determined through the parents' consultation. In this case, the best interests of the child must be given the highest consideration. (Related to Article 817-13, Paragraph 1)
If consultation is unsuccessful or cannot be conducted, the family court may, upon the request of the father or mother, specify the matters mentioned above. (Related to Article 817-13, Paragraph 2)
The family court may modify the specified matters based on the request of the father or mother if it deems it necessary. (Related to Article 817-13, Paragraph 3)
The family court, upon receiving a request from the father or mother, may specify the implementation of interaction between non-parent relatives and the child, but only when it deems it particularly necessary for the best interests of the child. (Related to Article 817-13, Paragraph 4)
Requests for court decisions based on the provisions of the specified matters or the modification thereof can also be made by non-parent relatives of the child (limited to individuals who have previously had custody of the child, excluding the child's direct lineal relatives and siblings). However, this provision does not apply if there is another appropriate method to determine the interaction between that relative and the child. (Related to Article 817-13, Paragraph 5)
「5. Adoption
1. Custodians when the Child is Adopted
When a child is adopted, the following individuals shall be considered custodians in accordance with Article 818, paragraph 3:
- Adoptive parents (limited to the individual who became the adoptive parent through the most recent adoption if there have been multiple adoptions)
- The spouse of the adoptive parent who is also the parent of the child
2. Substitute Consent for Adoption of a Child under Fifteen Years Old
Even if it is deemed particularly necessary for the best interests of the child to proceed with adoption under Article 797, paragraph 1, if the person who should be responsible for the child's guardianship and is the parent of the child does not give consent to the adoption, the family court may grant permission in place of the consent upon the request of the legal representative of the person to be adopted. The same applies when the person who should be responsible for the child's guardianship and is the parent of the child has had their parental rights suspended and does not give consent to the adoption. (Related to Article 797, paragraph 3)
If the family court receives a request for the exercise of parental rights related to consent under Article 797, paragraph 1, it may conduct a trial as specified in Article 22 only if it recognizes that proceeding with the adoption under the provisions of Article 797, paragraph 1, is particularly necessary for the best interests of the child. (Related to Article 797, paragraph 4)
3. Individual Who Should Become the Custodian after Dissolution of Adoption
In the case specified in Article 811, paragraph 2, when the adoptive parents are divorced, they must, through their consultation, designate both or one of them as the individual who should become the custodian after the dissolution of the adoption. (Related to Article 811, paragraph 3)
If the consultation fails to reach an agreement, or if it is not possible to conduct the consultation, the family court may, upon the request of the father, mother, or adoptive parent, conduct a trial in place of the consultation. In this case, the provisions of Article 23 shall apply mutatis mutandis. (Related to Article 811, paragraph 4)
「6. Division of Property
1. Time Limit for Claiming Division of Property
Regarding the division of property under the provisions of Article 768, the period during which the parties can request a disposition in place of consultation from the family court shall be five years from the time of divorce. (Related to Article 768, paragraph 2, proviso)
2. Factors to Consider in Division of Property
In the case of Article 768, paragraph 2, the family court shall consider whether to order the division of property, as well as the amount and method of division, taking into account the following factors to achieve fairness in the property relationship between the parties after divorce: the value of the property acquired or maintained by each party during the marriage and the extent of each party's contribution to such acquisition or maintenance, the duration of the marriage, the standard of living during the marriage, the cooperation and support during the marriage, the age, physical and mental condition, occupation, income, and any other circumstances of each party. In this case, if the extent of each party's contribution to the acquisition or maintenance of property during the marriage is not clearly different, it shall be deemed equal. (Related to Article 768, paragraph 3)
7. Deletion of Provisions Regarding the Right to Cancel a Contract between Spouses
The provisions of Article 754 shall be deleted. (Related to Article 754)
8. Deletion of Provisions Considering Severe Mental Illness as a Ground for Divorce
The provisions of Article 770, paragraph 1, item 4 shall be deleted. (Related to Article 770)
2. Partial Amendment of the Civil Execution Act (Related to Article 2)
1. Request for Acquisition of Information regarding Wage Claims based on Precedence of Expenses for Child Custody
When the enforcement court determines that any of the items listed in Article 197, paragraph 2 applies, it shall order the provision of information regarding the claimed wage of the debtor, based on the request of the creditor who has submitted a document proving their general precedence of expenses for the debtor's property (limited to those concerning the first priority under 1-3). The court shall order the provision of information for each item specified in Article 26, in accordance with the creditor's selection as provided by the Supreme Court Rules. (Related to Article 26, paragraph 2)
2. Special Procedure for Requesting Property Disclosure Procedure based on Claims arising from Support Obligations
1. When a creditor who holds a right to claim arising from any of the obligations listed in 1-7 of the first paragraph of Article 167 has made the request, it shall be deemed that the creditor has also made the request specified in the respective item of 1 or 2. However, this shall not apply if the creditor has expressed an intention to oppose the request specified in the respective item of 1 or 2 at the time of making the request. (Related to Article 167-17, paragraph 1)
2. In cases stipulated in 1 (limited to cases where the request specified in 1 has been made), if the debtor who has received a summons from the enforcement court (in the case of a debtor who has a legal representative, including such representative) fails to disclose their property, unless the creditor has expressed a separate intention, the enforcement court shall order the municipality where the debtor's address is located (including special wards) to provide information regarding the matters specified in Article 26, paragraph 1, item 1. (Related to Article 167-17, paragraph 2)
３
「3. The provisions from Article 205, Paragraph 3 to Paragraph 5 shall be applied to trials based on the provisions of Article 2, and the provisions of Article 208 shall be applied to the provision of information ordered by the said trial. (Related to Article 167, Paragraph 17, Clause 3)
4. A claim based on the provisions of Article 17 regarding the provision of information in Article 208, Paragraph 1, which is applied by analogy in the provisions of Article 3 in the record of property disclosure cases, may only be made by the following persons. (Related to Article 167, Paragraph 17, Clause 4)
- Applicant
- Creditor with a certified original of a debt name having an enforcement power regarding a claim right or a claim for damages due to infringement of a person's life or body listed in (a) to (g) of the first paragraph of Article 3
- Creditor who has submitted a document certifying the possession of a general priority over the debtor's property (limited to those related to (a) of the first paragraph of Article 3)
- Debtor
- Person who provided the information
5. The provisions of Article 210, Paragraph 2 shall be applied to those listed in 4 or , who have obtained information regarding the provision of information in Article 208, Paragraph 1, which is applied by analogy in the provisions of Article 3 in the record of property disclosure cases. (Related to Article 167, Paragraph 17, Clause 5)
6. When an application for an attachment order against a claim is deemed to have been made under the provisions of 1, if the enforcement court cannot identify the claim that should be attached even after conducting the procedure on the property disclosure date specified in Article 197, Paragraph 3 or conducting a trial based on the provisions of Article 2 or Paragraph 1 of Article 206, the enforcement court may order the creditor to submit necessary matters to identify the claim that should be attached within a reasonable period. In this case, if the creditor fails to submit necessary matters to identify the claim that should be attached within that period, the application for the attachment order shall be deemed to have been withdrawn. (Related to Article 167, Paragraph 17, Clause 6)
7. The provisions of 1 to 6 shall be applied to cases where a creditor who has submitted a document certifying the possession of a general priority over the debtor's property (limited to those related to (a) of the first paragraph of Article 3) has made an application under Article 197, Paragraph 2 or Article 1. (Related to Article 193, Paragraph 2)
3. Examination of the Debtor
Regardless of the provisions of Article 145, Paragraph 2, which is applied by analogy in Article 193, Paragraph 2, if a creditor claims a monetary claim related to the obligation of custody of a child under the provisions of 3-2 (including cases where the provisions of Articles 749, 771, and 788 of the Civil Code are applied by analogy), the enforcement court may examine the debtor when issuing an attachment order as an execution of a general priority claim (limited to those related to (a) of the first paragraph of Article 3) if deemed necessary. (Related to Article 193, Paragraph 3)
Part 3: Partial Amendment of the Code of Civil Procedure (Related to Article 3)
「3. Examination of the Debtor
Regardless of the provisions of Article 145, Paragraph 2, which is applied by analogy in Article 193, Paragraph 2, if a creditor claims a monetary claim related to the obligation of custody of a child under the provisions of 3-2 (including cases where the provisions of Articles 749, 771, and 788 of the Civil Code are applied by analogy), the enforcement court may examine the debtor when issuing an attachment order as an execution of a general priority claim (limited to those related to (a) of the first paragraph of Article 3) if deemed necessary. (Related to Article 193, Paragraph 3)
Part 3: Partial Amendment of the Code of Civil Procedure (Related to Article 3)
1. Jurisdiction over Cases Related to the Designation of Custodians
When a Japanese court has jurisdiction over a claim for annulment of marriage or divorce, the court shall have jurisdiction over cases related to the designation of custodians under Article 21. (Related to Article 3-4, Paragraph 1)
2. Incidental Disposition Regarding the Designation of Custodians
1. In a judgment granting a claim for annulment of marriage or divorce filed by one party against the other, the court must also conduct a trial regarding the designation of a custodian (referring to a person who exercises parental authority alone under the provisions of Article 22-2; the same applies in 2) limited to matters related to the necessity of exercising parental authority due to the annulment of marriage or divorce. (The same applies in 2) (Related to Article 32, Paragraph 1)
2. When conducting a trial regarding the designation of a custodian, the court must hear the statement of the child if the child is fifteen years of age or older. (Related to Article 32, Paragraph 4)
3. Order of Information Disclosure
1. The court may, if deemed necessary, order the parties, either upon request or ex officio, to disclose information regarding their income and asset status when there is a request for a disposition concerning the custody of a child under Article 32, Paragraph 1 (limited to the disposition concerning the allocation of expenses for the custody of the child). (Related to Article 34-3, Paragraph 1)
2. The court may, if deemed necessary, order the parties, either upon request or ex officio, to disclose information regarding the status of their property when there is a request for a disposition concerning the division of property under Article 32, Paragraph 1. (Related to Article 34-3, Paragraph 2)
3. If a party who has been ordered to disclose information under the provisions of 1 or 2 fails to disclose the information without justifiable reason or provides false information, the court may impose a fine of up to 100,000 yen by its decision. (Related to Article 34-3, Paragraph 3)
4. Trial Implementation of Parent-Child Interaction Before Judgment
1. The court may, if there are no circumstances that are deemed inappropriate considering the child's physical and mental condition and if it is deemed necessary for the investigation of facts, encourage the parties to engage in trial implementation of parent-child interaction when there is a request for a disposition concerning the designation of the custodian of the child under Article 32, Paragraph 1 (excluding the disposition concerning the allocation of expenses for the custody of the child). (Related to Article 34-4, Paragraph 1)
2. When encouraging the trial implementation under 1, the court may specify the method, date, and location of the interaction, the presence or absence of the participation of a family court investigator or other individuals, and impose other appropriate conditions, including prohibiting behaviors that may have a harmful impact on the child's physical and mental well-being. (Related to Article 34-4, Paragraph 2)」
3. Order for Reporting the Result of Trial Implementation
1. The court may, when it has encouraged trial implementation as mentioned in 1, request the parties to report the result of the trial implementation (or provide an explanation for not conducting the trial implementation) (Related to Article 34-4, Paragraph 3).
4. Partial Amendment to the Act on Proceedings in Family Court Regarding Adjudication and Mediation of Designation of Custodian
1. In the case of adjudication proceedings for the designation of a custodian, if the child's address (or place of residence in cases where there is no address or the address is unknown) is within Japan, the Japanese court shall have jurisdiction (Related to Article 3-8).
2. Adjudication proceedings for the designation of a custodian shall fall within the jurisdiction of the Family Court having jurisdiction over the child's place of residence (in cases where there are several children with the same father or mother requesting the designation of a custodian, one of them) (Related to Article 167).
3. The provisions of Article 118 shall apply mutatis mutandis to the child and their parents in adjudication proceedings for the designation of a custodian (including adjudication proceedings concerning provisional measures relating to the main case) (Related to Article 168, Item 8).
4. In cases where the Family Court conducts adjudication for the designation of a custodian, it shall hear the statements of the parties and also hear the statement of the child (limited to those aged fifteen or older) (Related to Article 169, Paragraph 2).
5. In adjudication proceedings for the designation of a custodian, the Family Court may order the parties to hand over the child or provide other property-related benefits or other benefits (Related to Article 171).
6. The parents of the child may file an immediate appeal against the adjudication that rejects the adjudication for the designation of a custodian (Related to Article 172, Paragraph 1, Item 11).
7. In cases where there is an application for adjudication or mediation for the designation of a custodian or in order to preserve compulsory execution or prevent immediate danger to the child or other interested parties, the Family Court may, upon the request of the applicant, issue provisional measures or other necessary protective measures that treat the adjudication for the designation of a custodian as the main case (Related to Article 175, Paragraph 1).
8. In mediation proceedings for the designation of a custodian, regardless of the provisions of Article 17, Paragraph 1 of the Civil Procedure Act, the child and their parents may personally perform procedural acts without a legal representative, even if they are under guardianship or assistance (limited to cases that require obtaining the consent of the guardian or assistant for the procedural act) (Related to Article 252, Paragraph 1, Item 5).」
「Translation:
2. Withdrawal of Petitions for Determination by Custody Designation and Mediation
1. Restriction on Withdrawal of Petitions
Even before a determination is made, a petition for custody designation by a parent cannot be withdrawn without the permission of the family court. (Related to Article 169-2)
Regardless of the provisions of Article 273-1, a petition for mediation of custody designation by a parent cannot be withdrawn without the permission of the family court, even before the conclusion of the family mediation proceedings. (Related to Article 273-3)
2. Dismissal of Petitions in Cases Where Divorce is Not Finalized
In the proceedings for the determination of custody designation by a parent, the family court may order the petitioner to submit a document within a reasonable period of time to prove that the parents have divorced. (Related to Article 169-3, Paragraph 1)
If the petitioner fails to submit the document specified within that period, the family court may dismiss the petition for custody designation by a parent. (Related to Article 169-3, Paragraph 2)
3. Granting of Orders for Custody Allocation
In the judgment of disposals related to custody of a child, the family court may order the parties to hand over the child, make financial payments, or provide other property-related benefits. (Related to Article 154, Paragraph 3)
4. Order of Disclosure of Information
1. Order of Information Disclosure in Judgment and Mediation Regarding Marriage
In the following types of cases in judgment proceedings, the family court may order the parties to disclose information regarding their income and asset status if it deems it necessary, either upon request or at its own discretion. (Related to Article 152-2, Paragraph 1)
(a) Judgment proceedings related to cooperation and assistance between spouses
(b) Judgment proceedings related to the division of marital expenses
(c) Judgment proceedings related to custody of a child (limited to judgment proceedings related to the division of expenses required for custody of a child)
In the judgment proceedings related to the division of property, the family court may order the parties to disclose information regarding the property if it deems it necessary, either upon request or at its own discretion. (Related to Article 152-2, Paragraph 2)
If a party ordered to disclose information fails to do so without justifiable reasons or discloses false information, the family court may impose a fine of up to 100,000 yen. (Related to Article 152-2, Paragraph 3)
The provisions from to shall be applied mutatis mutandis to mediation proceedings related to cooperation and assistance between spouses, mediation proceedings related to the division of marital expenses, mediation proceedings related to custody of a child (limited to mediation proceedings related to the division of expenses required for custody of a child), mediation proceedings related to the division of property, and mediation proceedings related to divorce. (Related to Article 258, Paragraph 3)」
2. Orders for Information Disclosure in Proceedings and Mediation Regarding Support
The family court, in proceedings for the determination, modification, or revocation of the degree or method of support (excluding proceedings related to the division of expenses required for the custody of a child), may order the parties to disclose information regarding their income and asset status if it deems it necessary, either upon request or at its own discretion. (Related to Article 184-2, Paragraph 1)
If a party ordered to disclose information fails to do so without justifiable reasons or discloses false information, the family court may impose a fine of up to 100,000 yen. (Related to Article 184-2, Paragraph 2)
The provisions of to shall be applied mutatis mutandis to mediation proceedings and proceedings related to the determination, modification, or revocation of the degree or method of support. (Related to Article 258, Paragraph 3)
5. Trial Implementation of Parent-Child Interaction before Judgment or Mediation
1. In proceedings for disposals related to custody of a child (excluding disposals related to the division of expenses required for the custody of a child), the family court may, if there are no circumstances that it deems inappropriate in light of the child's physical and mental condition and if it deems it necessary for factual investigation, encourage the parties to engage in trial implementation of parent-child interaction. (Related to Article 152-3, Paragraph 1)
2. In encouraging trial implementation under 1, the family court may specify the method of interaction, the dates and locations for interaction, the presence or absence of the family court investigator or other individuals, and other conditions it deems appropriate, including prohibiting behavior that may have a harmful impact on the child's physical and mental well-being. (Related to Article 152-3, Paragraph 2)
3. When the family court encourages trial implementation under 1, it may request the parties to report the results of such implementation (or explain the reasons for not conducting such implementation). (Related to Article 152-3, Paragraph 3)
4. The provisions of 1 to 3 shall be applied mutatis mutandis to mediation proceedings and proceedings related to disposals of custody of a child (excluding disposals related to the division of expenses required for the custody of a child) and to mediation proceedings related to divorce. (Related to Article 258, Paragraph 3)
6. Immediate Appeal against Judgments and Dismissals in Cases of Interaction between Non-parent Relatives and the Child
Immediate appeal may be filed against judgments related to disposals of custody of a child (limited to judgments related to interaction between non-parent relatives and the child) and against judgments dismissing such applications by persons eligible to make a request under Article 141 (limited to the relevant parts) and by persons eligible to make a request under Article 142. (Related to Article 156, Paragraph 2)
7. Judgment Proceedings for Permission as Substitute for Consent to Adoption
1. Japanese courts shall have jurisdiction over judgment proceedings for permission as a substitute for consent to adoption when the prospective adoptive parent or the prospective adoptee has a residence (or domicile, if there is no residence or it is unknown) in Japan. (Related to Article 3-5)
2. Judgment proceedings for permission as a substitute for consent to adoption shall fall under the jurisdiction of the family court having jurisdiction over the place of residence of the prospective adoptee. (Related to Article 161-2, Paragraph 1)
3. The provisions of Article 118 shall be applied mutatis mutandis to the legal representative of the prospective adoptee, the person who should have custody of the prospective adoptee, and the parents of the prospective adoptee who have had their parental rights suspended in judgment proceedings for permission as a substitute for consent to adoption. (Related to Article 161-2, Paragraph 2)
4. In judgment proceedings for permission as a substitute for consent to adoption, the family court shall hear the statements of the parents of the prospective adoptee who should have custody of the prospective adoptee and the parents of the prospective adoptee who have had their parental rights suspended. (Related to Article 161-2, Paragraph 3)
5. In judgment proceedings for permission as a substitute for consent to adoption, in addition to notifying the individuals specified in Article 74, the family court shall also notify the parents of the prospective adoptee who should have custody of the prospective adoptee and the parents of the prospective adoptee who have had their parental rights suspended. (Related to Article 161-2, Paragraph 4)
6. The parties specified in and shall be allowed to file an immediate appeal against the judgments listed in and . (Related to Article 161-2, Paragraph 5)
Judgment proceedings for permission as a substitute for consent to adoption - the parents of the prospective adoptee who should have custody
Judgment dismissing the application for permission as a substitute for consent to adoption - the applicant
Part 5. Miscellaneous
Provisions necessary for other matters shall be established.
Part 6. Supplementary Provisions
1. Effective Date, etc.
1. This law shall generally come into effect on a date specified by Cabinet Order within two years from the date of promulgation. (Related to Supplementary Provisions Article 1)
2. Measures necessary for transitional provisions accompanying the enforcement of this law shall be determined. (Related to Supplementary Provisions Articles 2 to 7 and Article 16)
2. Development of Related Laws
In conjunction with the enforcement of this law, provisions of related laws such as the Family Registration Act shall be established. (Related to Supplementary Provisions Articles 8 to 15)」
※本ページの資料
●Outline of the Revision in Japan（日本の共同親権の法務省案の英訳）