Article 39A family court, as provided for in this Part, adjudicates the matters set forth in Appended Tables 1 and 2 as well as the matters specified in this the Part.

Article 40(1)A family court adjudicates a matter while hearing the opinions of a counselor; provided, however, that the family court may, when it finds it to be appropriate, adjudicate a matter without hearing the opinions of a counselor.

(2)A family court may have a counselor attend a date of proceedings for adjudication of domestic relations.

(3)In order to state opinions as set forth in paragraph (1), a counselor may, with permission from the family court, hear an explanation from the petitioner with regard to the details of the materials submitted by the petitioner; provided, however, that this does not apply to adjudication cases regarding the matters set forth in Appended Table 2.

(4)One or more counselors are assigned to each case.

(5)A counselor is to be designated by a family court for each case from among persons appointed in advance by the family court every year.

(6)The qualifications and number of persons to be appointed pursuant to the provisions of the preceding paragraph and other necessary matters concerning their appointment pursuant to the provisions of the paragraph are specified by the Rules of the Supreme Court.

(7)A counselor is paid travel expenses, a daily allowance and accommodation charges at the amount specified by the Rules of the Supreme Court.

Article 41(1)A person who is eligible to be a party may intervene in proceedings for adjudication of domestic relations as a party thereto.

(2)A family court may, when it finds it to be appropriate, and upon the petition of a party or by its own authority, have a person who is eligible to be another party (limited to a person who is to be subject to adjudication) intervene in proceedings for adjudication of domestic relations.

(3)The application for intervention under the provisions of paragraph (1) and the petition set forth in the preceding paragraph must be filed by means of a document stating the purpose of and reasons for intervention.

(4)An immediate appeal may be filed against a judicial decision to dismiss an application for intervention filed under the provisions of paragraph (1).

Article 42(1)A person who is to be subject to adjudication may intervene in proceedings for adjudication of domestic relations.

(2)A person other than a person who is to be subject to adjudication, but who is to be directly affected by the outcome of adjudication or who is eligible to be a party, may intervene in proceedings for adjudication of domestic relations with permission from the family court.

(3)A family court may, when it finds it to be appropriate, by its own authority, have a person who is to be subject to adjudication and the person prescribed in the preceding paragraph intervene in proceedings for adjudication of domestic relations.

(4)The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to an application for intervention under the provisions of paragraph (1) and a petition for permission for intervention under the provisions of paragraph (2).

(5)When a person who is to intervene in proceedings for adjudication of domestic relations under the provisions of paragraph (1) or (2) is a minor, and when the family court finds that the person's interests would be harmed by having the person intervene in the proceedings for adjudication of domestic relations in consideration of the person's age, degree of development, and all other circumstances, the family court must dismiss the application for intervention filed under the provisions of paragraph (1) or the petition for permission for intervention filed under the provisions of paragraph (2).

(6)An immediate appeal may be filed against a judicial decision to dismiss an application for intervention filed under the provisions of paragraph (1) (including a judicial decision to dismiss an application for the intervention filed under the provisions of paragraph (1) pursuant to the preceding paragraph).

(7)A person who intervenes in proceedings for adjudication of domestic relations pursuant to the provisions of paragraphs (1) through (3) (hereinafter referred to as an "interested party intervenor") may perform the procedural acts that may be performed by a party (excluding the withdrawal of or amendment to a petition for adjudication of domestic relations and the withdrawal of an appeal against a judicial decision or of an objection to a disposition by a court clerk); provided, however, that, with regard to the filing of an appeal against a judicial decision and of an objection to a disposition made by a court clerk, the interested party intervenor may perform the act only when the intervenor is eligible to do so pursuant to the other provisions of this Act concerning the filing of an appeal or of an objection.

Article 43(1)A family court may exclude a person who is ineligible to be a party and a person who has lost the eligibility to be a party, from proceedings for adjudication of domestic relations.

(2)An immediate appeal may be filed against a judicial decision of exclusion under the provisions of the preceding paragraph.

Article 44(1)When a party is unable to continue proceedings for adjudication of domestic relations due to death, loss of eligibility, or any other event, a person who is eligible to continue proceedings under laws and regulations must take over the proceedings.

(2)When a person who is eligible to continue proceedings under laws and regulations files a petition for taking over proceedings under the provisions of the preceding paragraph, and a judicial decision to dismiss the petition is made, the person may file an immediate appeal against the judicial decision.

(3)In the case referred to in paragraph (1), the family court may, upon the petition of another party or by its own authority, have a person who is eligible to continue proceedings under laws and regulations take over proceedings for adjudication of domestic relations.

Article 45(1)When a petitioner for adjudication of domestic relations is unable to continue proceedings therefor due to death, loss of eligibility or any other event, and if there is no one who is eligible to continue proceedings under laws and regulations, a person who may file the petition for the adjudication of domestic relations may take over the proceedings.

(2)In the case referred to in the preceding paragraph, the family court may, when it finds it to be necessary, by its own authority, have a person who may file the petition for the adjudication of domestic relations take over the proceedings.

(3)A petition for the taking over of the proceedings under the provisions of paragraph (1) and a judicial decision on the taking over of the proceedings under the provisions of the preceding paragraph must be filed and made within one month from the day on which the event set forth in paragraph (1) takes place.

Article 46A court clerk must prepare records regarding a date for proceedings for adjudication of domestic relations; provided, however, that if the presiding judge finds it to be unnecessary to prepare records regarding a date other than a date for the examination of evidence, it is may take a note that clearly indicates the outline of developments in the proceedings, in lieu of preparing such record.

Article 47(1)A party or a third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk for the inspection or copying of, or the issuance of an authenticated copy, transcript or extract of, a record of a case for adjudication of domestic relations, or for the issuance of a certificate of matters concerning a case for adjudication of domestic relations (hereinafter referred to as the "inspection of a record" in Article 289, paragraph (6)).

(2)The provisions of the preceding paragraph does not apply to a record of a case for adjudication of domestic relations which is prepared in the form of audiotapes or videotapes (including objects on which certain matters are recorded by any means equivalent thereto). In this case, a party or a third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk for the reproduction of these objects.

(3)When a petition for permission under the provisions of the preceding two paragraphs is filed by a party, the family court must grant permission.

(4)Notwithstanding the provisions of the preceding paragraph, a family court may choose not to grant permission under the paragraph when it is found that there is a risk of causing harm to the interest of a minor who is a person concerned with a case, a risk of causing harm to the private life or business operations of a party or a third party, or a risk of disclosing significant secrets regarding the private life of a party or a third party, thereby causing considerable interference with the social life of the party or third party or substantial harm to the reputation of such parties. The same applies when it is found that there are special circumstances where it is inappropriate to grant permission to the party in response to a petition under the paragraph, in light of the nature of the case, developments in proceedings, the content of the record and other matters.

(5)When a petition for permission under the provisions of paragraph (1) or (2) is filed by a third party who has made a prima facie showing of interest, the family court may grant permission thereto when it finds it to be appropriate.

(6)Notwithstanding the provisions of paragraph (1), a party may make a request to a court clerk for the issuance of an authenticated copy, transcript or extract of a written ruling or any other written judgment or of a certificate of matters concerning a case for adjudication of domestic relations, without permission from the family court. The same applies when a person subject to a ruling makes such a request after the ruling is made.

(7)A request for the inspection, copying or reproduction of a record of a case for adjudication of domestic relations may not be made if these acts would interfere with the preservation of the record of the case for adjudication of domestic relations or with the performance of the court's duties.

(8)An immediate appeal may be filed against a judicial decision to dismiss the petition set forth in paragraph (3).

(9)If an immediate appeal under the provisions of the preceding paragraph is found to have been filed for the purpose of unjustly delaying proceedings for adjudication of domestic relations, the court of prior instance must dismiss the immediate appeal.

(10)An immediate appeal may be filed against a judicial decision made under the provisions of the preceding paragraph.

Article 48When a court or any other government agency, a public prosecutor or an official comes to know in the course of performing their duties that a case that should be adjudicated exists upon the petition of a public prosecutor, the entity or person must give notice to that effect to a public prosecutor of the public prosecutor's office corresponding to the family court which has jurisdiction over the case.

Article 49(1)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.

(2)A written petition for adjudication of domestic relations must state the following matters:

(3)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 or legal cause, the petitioner may seek the ruling by filing a single petition.

(4)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. The same applies when fees for filing a petition for adjudication of domestic relations are not paid pursuant to the provisions of the Act on the Costs of Civil Proceedings (Act No. 40 of 1971) are not paid.

(5)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.

(6)An immediate appeal may be filed against the direction set forth in the preceding paragraph.

Article 50(1)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)).

(2)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.

(3)If an amendment to the object of or reasons for a petition is unlawful, the family court must make a judicial decision not to permit the amendment.

(4)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.

Article 51(1)A family court may summon a person concerned with a case on a date for proceedings for adjudication of domestic relations.

(2)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.

(3)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.

Article 52(1)On a date for proceedings for adjudication of domestic relations, the presiding judge controls the proceedings.

(2)The presiding judge may permit a person to speak or prohibit a person who does not comply with direction from speaking.

(3)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.

Article 53(1)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).

(2)In the case referred to in the preceding paragraph, the authorized judge performs the duties of the family court and the presiding judge.

Article 54(1)Where a party lives in a remote place or a family court finds it to be appropriate for any other reasons, the family court may, 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.

(2)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.

Article 55The 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.

Article 56(1)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.

(2)A party is to cooperate in the investigation of facts and examination of evidence in order to achieve appropriate and swift proceedings and adjudication.

Article 57A prima facie showing must be made by materials that can be examined immediately.

Article 58(1)A family court may have a family court investigating officer examine facts.

(2)If there are pressing circumstances, the presiding judge may have a family court investigating officer examine facts.

(3)A family court investigating officer is to report the results of the examination of facts to the family court in writing or orally.

(4)A family court investigating officer may attach their own opinions to the report under the provisions of the preceding paragraph.

Article 59(1)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.

(2)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.

(3)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.

(4)If there are pressing circumstances, the presiding judge may have a family court investigating officer take the measures set forth in the preceding paragraph.

Article 60(1)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.

(2)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) and (2) 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.

Article 61(1)A family court may commission another family court or a summary court to investigate facts.

(2)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.

(3)A family court may, when it finds it to be appropriate, have an authorized judge investigate facts.

(4)When a commissioned judge or authorized judge investigates facts pursuant to the provisions of preceding three paragraphs, the respective judge performs the duties of the family court and the presiding judge.

Article 62A 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.

Article 63When 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.

Article 64(1)With regard to the examination of evidence in proceedings for adjudication of domestic relations, the provisions of Part II, Chapter IV, Sections 1 through 6 of the Code of Civil Procedure (excluding the provisions of Article 179, Article 182, Articles 187 through 189, Article 207, paragraph (2), Article 208, and Article 224 of the Code (including the cases where applied mutatis mutandis pursuant to Article 229, paragraph (2) and Article 232, paragraph (1) of the Code) and Article 229, paragraph (4) of the Code) apply mutatis mutandis.

(2)An immediate appeal under the provisions of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding paragraph has the effect of a stay of execution.

(3)If a party falls under any of the following items, the family court punishes the party by a non-criminal fine of up to 200,000 yen:

(4)If a party falls under any of the following items, the family court punishes them by a non-criminal fine of up to 100,000 yen:

(5)When a family court examines a party, it may order that party to appear on a date for proceedings for adjudication of domestic relations.

(6)The provisions of Articles 192 through 194 of the Code of Civil Procedure apply mutatis mutandis when a party who is ordered to appear pursuant to the provisions of the preceding paragraph does not appear without justifiable grounds, and the provisions of Article 290, paragraphs (1) and (2) of the Code apply mutatis mutandis when a party appears but refuses to swear under oath or make statements without justifiable grounds.

Article 65In proceedings for adjudication of domestic relations regarding a parent and child, parental authority or guardianship of a minor, or in proceedings for adjudication of domestic relations, the outcome of which would affect a minor (including a minor ward; hereinafter the same applies in this Article), the family court must try to understand the intentions of the child by hearing statements from the child, having a family court investigating officer conduct an examination or using any other appropriate methods, and to take the child's intentions into consideration in adjudicating the case, according to the child's age or degree of development.

Article 66(1)Adjudication cases regarding the matters set forth in Appended Table 2 are subject to the jurisdiction of a family court determined by agreement between the parties, in addition to a family court determined pursuant to other provisions of this Act.

(2)The provisions of Article 11, paragraphs (2) and (3) of the Code of Civil Procedure apply mutatis mutandis to the agreement set forth in the preceding paragraph.

Article 67(1)When a petition for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2 is filed, the family court must send a copy of a written petition for adjudication of domestic relations to the respondent, except when the petition is unlawful or the petition is clearly groundless; provided, however, that if it is found that there is a risk of interfering with smooth progress in the proceedings for adjudication of domestic relations, the family court may give notice to the respondent of the fact that a petition for adjudication of domestic relations is filed, in lieu of sending a copy of a written petition for adjudication of domestic relations.

(2)The provisions of Article 49, paragraphs (4) through (6) apply mutatis mutandis when it is impossible to send a copy of a written petition for adjudication of domestic relations or to give notice in lieu of sending the copy under the provisions of the preceding paragraph.

(3)When the presiding judge specifies a reasonable period and orders a petitioner to prepay costs for sending a copy of a written petition for adjudication of domestic relations or for giving notice in lieu of sending such copy under the provisions of paragraph (1), but the costs are not prepaid, the presiding judge must, by a direction, dismiss the written petition for adjudication of domestic relations.

(4)An immediate appeal may be filed against the direction set forth in the preceding paragraph.

Article 68(1)In proceedings for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2, the family court must hear statements from a party, except when the petition is unlawful or the petition is clearly groundless.

(2)Upon the request of a party, the family court must hear the party's statements as provided for in the provisions of the preceding paragraph on the hearing date.

Article 69In proceedings for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2, when the family court investigates facts by holding a hearing on a date set therefor and hearing statements from a party, another party may attend the hearing on the date; provided, however, that this does not apply if it is found that the attendance of the other party at the hearing on the date is likely to interfere with the investigation of facts.

Article 70When a family court has investigated the facts in proceedings for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2, it must give notice to that effect to a party and an interested party intervenor, except when it finds it not to be particularly necessary to do so.

Article 71In proceedings for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2, the family court must specify a date for concluding the proceedings, while leaving a reasonable grace period until the date, except when the petition is unlawful or the petition is clearly groundless; provided, however, that on a date for proceedings for adjudication of domestic relations on which both parties can attend, the family court may declare the conclusion of the proceedings immediately.

Article 72When a family court concludes proceedings under the provisions of the preceding Article, it must specify a date for making a ruling.

Article 73(1)When a case for adjudication of domestic relations is ready for making a judicial decision, the family court make a ruling.

(2)When part of a case for adjudication of domestic relations is ready for making a judicial decision, the family court may make a ruling for the part of the case. The same applies when one of the cases for adjudication of domestic relations for which consolidation of proceedings has been ordered is ready for making a judicial decision.

Article 74(1)Except as otherwise provided, notice of a ruling must be given to parties and an interested party intervenors as well as any other person subject to adjudication, by means considered to be appropriate.

(2)Except as otherwise provided, a ruling (excluding a ruling to dismiss a petition) becomes effective when notice thereof is given to a person subject to adjudication (if there are two or more persons subject to adjudication, one of these persons); provided, however, that a ruling against which an immediate appeal may be filed will not be effective unless it becomes final and binding.

(3)A ruling to dismiss a petition becomes effective when notice thereof is given to the petitioner.

(4)A ruling is not to become final and binding prior to the expiration of the period for filing an immediate appeal.

(5)The process of a ruling becoming final and binding is interrupted by an immediate appeal filed during the period set forth in the preceding paragraph.

Article 75A ruling to order the payment of money, delivery of an object, performance of an obligation to register or performance of any other act has the same effect as an enforceable title of obligation.

Article 76(1)A ruling must be made by preparing a written ruling; provided, however, that in making a ruling against which an immediate appeal may not be filed, the main text of a ruling may be stated in the written petition for adjudication of domestic relations or in a record, in lieu of preparing a written ruling.

(2)A written ruling must state the following matters:

Article 77(1)If there is a miscalculation, clerical error, or any other clear error similar thereto in a ruling, the family court may, upon petition or by its own authority, make a ruling of correction at any time.

(2)A ruling of correction must be made by preparing a written judgment.

(3)An immediate appeal may be filed against a ruling of correction only by a person who may file an immediate appeal on the assumption that the corrected ruling is the original ruling.

(4)An immediate appeal may be filed against a judicial decision to dismiss the petition set forth in paragraph (1) as unlawful.

(5)When a lawful immediate appeal is filed against a ruling, the immediate appeal set forth in the preceding two paragraphs may not be filed.

Article 78(1)When a family court has made a ruling and subsequently finds the ruling to be unreasonable, it may revoke or modify the ruling by its own authority, except for the following rulings:

(2)After five years have passed since the day on which a ruling became final and binding, the family court may not revoke or modify it as provided for in the provisions of the preceding paragraph; provided, however, that this does not apply when the family court finds the ruling to be unjust due to a change in circumstances.

(3)When a family court revokes or modifies a ruling pursuant to the provisions of paragraph (1), it must hear statements from the party to the adjudication and any other person subject to adjudication.

(4)An immediate appeal may be filed against a ruling revoking or modifying the previous ruling under the provisions of paragraph (1) only by a person who may file an immediate appeal on the assumption that the revoked or modified ruling is the original ruling.

Article 79The provisions of Article 247, Article 256, paragraph (1), and Article 258 (excluding the second sentence of paragraph (2) of the Article) of the Code of Civil Procedure apply mutatis mutandis to a ruling. In this case, the phrase "after the rendition" in Article 256, paragraph (1) of the Code is deemed to be replaced with "from the day on which notice of the ruling is first given to the person who receives notice of the ruling".

Article 79-2The provisions of Article 118 of the Code of Civil Procedure apply mutatis mutandis to a final and binding judicial decision rendered by a foreign court on a domestic relations case (including an equivalent determination made by a public authority), unless contrary to the nature thereof.

Article 80(1)When a dispute on a legal relationship which will be the basis for an adjudication or any other interlocutory dispute is ready for making a judicial decision, the family court may make an interlocutory order.

(2)An interlocutory order must be made by preparing a written judgment.

Article 81(1)In proceedings for adjudication of domestic relations, the family court makes a judicial decision by an order, except when making a ruling. In this case, the provisions of Articles 73 through 79 (excluding the proviso to Article 74, paragraph (2), Article 76, paragraph (1), and Article 78, paragraph (3)) apply mutatis mutandis.

(2)A judicial decision concerning the control of proceedings for adjudication of domestic relations may be revoked at any time.

(3)A judicial decision other than a ruling may be made by an assistant judge independently.

Article 82(1)Except as otherwise provided, a petition for adjudication of domestic relations may be withdrawn in whole or in part before a ruling is made.

(2)A petition for adjudication of domestic relations regarding any of the matters set forth in Appended Table 2 may be withdrawn in whole or in part before a ruling becomes final and binding; provided, however, that after a ruling is made, the withdrawal of a petition will not be effective without the consent of the respondent.

(3)When the consent of the respondent is required for the withdrawal of a petition pursuant to the provisions of proviso to the preceding paragraph and Article 153 (including the cases where applied mutatis mutandis pursuant to Article 199), the family court must give notice to the respondent of the fact that the petition is withdrawn; provided, however, that this does not apply when the petition is withdrawn orally on a date for proceedings for adjudication of domestic relations and the respondent attends the proceedings on that date.

(4)If the respondent does not file an objection within two weeks from the day on which the respondent has received a notice given under the provisions of main clause of the preceding paragraph, the respondent is deemed to have consented to the withdrawal of the petition. The same applies to the case as provided for in the provisions of proviso to the paragraph when the respondent does not file an objection within two weeks from the day on which the petition has been withdrawn.

(5)The provisions of Article 261, paragraph (3) and Article 262, paragraph (1) of the Code of Civil Procedure apply mutatis mutandis to the withdrawal of a petition for adjudication of domestic relations. In this case, the phrase "date for oral argument, preparatory proceedings or settlement (hereinafter referred to as the "date for oral argument, etc." in this Chapter)" in the proviso to Article 261, paragraph (3) of the Code is deemed to be replaced with "date for proceedings for adjudication of domestic relations".

Article 83When a petitioner for adjudication of domestic relations (if the consent of the respondent is required for the withdrawal of a petition under Article 153 (including cases where applied mutatis mutandis pursuant to the provisions of Article 199), both parties), on two consecutive occasions, fails to appear on a date for proceedings for adjudication of domestic relations if the petitioner is summoned, or appears on a date for proceedings for adjudication of domestic relations if the petitioner is summoned and leaves their seat without making any statements, the family court may deem that the petition has been withdrawn.

Article 84(1)For the purpose of the application of the provisions of this Section if a high court conducts proceedings for adjudication of domestic relations as the court of first instance: in the provisions of the Section (excluding the provisions of Article 58, Article 59, paragraphs (1) through (3), Article 61, paragraphs (1) and (2), and Article 65), the term "family court" is deemed to be replaced with "high court"; in Article 39, Article 47, paragraph (6), Article 49, paragraph (3), Article 56, paragraph (2), Article 65, Article 72, Article 73, Article 74, paragraphs (1) through (3) (excluding the proviso to paragraph (2)), Article 75, Article 77, paragraph (1), Article 78 (excluding paragraph (1), item (ii), and paragraph (4)), Article 79, Article 80, paragraph (1), Article 81, paragraph (1), and Article 82, paragraphs (1) and (2), the term "ruling" is deemed to be replaced with "judicial decision in lieu of a ruling"; in Article 42, paragraph (2), the phrase "outcome of a ruling" is deemed to be replaced with "outcome of a judicial decision in lieu of a ruling"; in Article 58, paragraph (1), Article 59, paragraphs (1) through (3), Article 61, paragraph (1), and Article 65, the term "family court" is deemed to be replaced with "high court"; in Article 58, paragraph (3), the term "family court" is deemed to be replaced with "high court"; in Article 76, the term "written ruling" is deemed to be replaced with "written judgment"; in Article 76, paragraph (1), the term "ruling" is deemed to be replaced with "judicial decision in lieu of a ruling"; in the proviso to Article 76, the phrase "ruling against which an immediate appeal may not be filed" is deemed to be replaced with "judicial decision in lieu of a ruling against which an immediate appeal may not be filed on the assumption that it is a ruling by a family court"; and Article 78, paragraph (1), item (ii), the phrase "a ruling against which an immediate appeal may be filed" is deemed to be replaced with "judicial decision in lieu of a ruling against which an immediate appeal may be filed on the assumption that it is a ruling by a family court".

(2)The provisions of Articles 40 and 48 do not apply when a high court conducts proceedings for adjudication of domestic relations as the court of first instance.

Article 99An immediate appeal may be filed against a judicial decision other than a ruling only as specially provided.

Article 100(1)A party who disagrees with a judicial decision made by an authorized judge or commissioned judge may file an objection with the court before which the case for adjudication of domestic relations is pending; provided, however, that this applies only when an immediate appeal may be filed against the judicial decision on the assumption that it is a judicial decision by a family court.

(2)An immediate appeal may be filed against a judicial decision on the objection set forth in the preceding paragraph.

Article 101(1)An immediate appeal filed against a judicial decision other than a ruling must be filed within an unextendable period of one week; provided, however, that this does not preclude the effect of an immediate appeal filed prior to the period.

(2)Except as otherwise provided, the immediate appeal set forth in the preceding paragraph does not have the effect of a stay of execution; provided, however, that the court in charge of the appeal or the court of prior instance may, upon petition, order a stay of execution of the judicial decision in prior instance or any other necessary measures while requiring or not requiring the provisions of security, until a judicial decision on the immediate appeal is made.

(3)The provisions of Article 95, paragraphs (2) and (3) apply mutatis mutandis to the security deposit and security if security is provided under the provisions of proviso to the preceding paragraph.

Article 102The provisions of preceding Subsection (excluding the provisions of Article 85, paragraph (1), Article 86, paragraph (1), and Articles 88 and 89 (including the cases where these provisions are applied mutatis mutandis pursuant to Article 96, paragraph (1) and Article 98, paragraph (1))) apply mutatis mutandis to an appeal filed against a judicial decision other than a ruling, which is made by a court or judge or the presiding judge.

Article 148(1)An adjudication case for the adjudication of a presumed death (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (56); the same applies in the following paragraph) is subject to the jurisdiction of the family court which has jurisdiction over the previous place of domicile or residence of an absentee.

(2)The provisions of Article 118 apply mutatis mutandis to an absentee in an adjudication case for declaration of presumed death.

(3)A family court may not make a ruling of adjudication of declaration of presumed death unless it gives public notice of the following matters and the period set forth in items (ii) and (iv) has passed. In this case, the period set forth in items (ii) and (iv) must not be shorter than three months in the case set forth in Article 30, paragraph (1) of the Civil Code or one month in the case set forth in paragraph (2) of the Article:

(4)Notice of a ruling of adjudication of declaration of presumed death may not be given to the absentee.

(5)An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items (in item (i), excluding the petitioner):

Article 149(1)An adjudication case for the revocation of adjudication of declaration of presumed death is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of an absentee.

(2)The provisions of Article 118 apply mutatis mutandis to an absentee in an adjudication case for the revocation of adjudication of declaration of presumed death.

(3)If the domicile or residence of an absentee is known from the case record, it is sufficient to give notice of a ruling to revoke the adjudication of declaration of presumed death to the absentee.

(4)An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items:

Article 159(1)An adjudication case for the appointment of a special representative in an action to rebut presumption of a child born in wedlock is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of a child.

(2)The provisions of Article 118 applies mutatis mutandis to a husband in an adjudication case for the appointment of a special representative in an action to rebut presumption of a child born in wedlock.

(3)A person who has filed a petition for the appointment of a special representative in an action to rebut presumption of a child born in wedlock may file an immediate appeal against a ruling to dismiss the person's petition.

Article 160(1)An adjudication case for permission to change the surname of a child (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (60); the same applies in the following paragraph) is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of a child (in the case of a petition for permission for the change of the surname regarding two or more children who have the same father or mother, one of the children).

(2)The provisions of Article 118 apply mutatis mutandis to a child (limited to a child of 15 years of age or older) in an adjudication case for permission to change the surname of a child.

(3)A person who has filed a petition for permission to change the surname of a child may file an immediate appeal against a ruling to dismiss the person's petition.

Article 161(1)An adjudication case for permission to adopt is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the person who is to be adopted.

(2)The provisions of Article 118 apply mutatis mutandis to a person who is to adopt another and a person who is to be adopted (limited to a person of 15 years of age or older) in an adjudication case for permission to adopt.

(3)When making a ruling of permission to adopt, the family court must hear statements from the following persons; provided, however, that this does not apply to a person who is to be adopted if it is impossible to hear the person's opinions due to the person's mental or physical disability:

(4)A person who has filed a petition for permission to adopt may file an immediate appeal filed against a ruling to dismiss the person's petition.

Article 162(1)An adjudication case for permission for the dissolution of an adoptive relationship after the death of a party to an adoption is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the petitioner.

(2)The provisions of Article 118 apply mutatis mutandis to an adoptive parent and an adopted child (limited to a person of 15 years of age or older) in an adjudication case for permission for the dissolution of an adoptive relationship after the death of a party to an adoption.

(3)When a petition for permission for the dissolution of an adoptive relationship after the death of a party to an adoption is filed after an adopted child has died, the family court is to give notice to that effect to a person who is to be the heir of the adoptive parent as an heir per stirpes of the adopted child, except when the petition is unlawful or the petition is clearly groundless; provided, however, that this is required only when the name and domicile or residence of that person is known from the case record.

(4)An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items:

Article 163(1)An adjudication case for the designation of a successor to the ownership of equipment for rituals, etc. upon the dissolution of an adoptive relationship, etc. (meaning an adjudication case regarding the matters set forth in Appended Table 2, row (6)) is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the owner.

(2)In a ruling of the designation of a successor to the ownership of equipment for rituals, etc. upon the dissolution of an adoptive relationship, etc., the family court may order a party to deliver genealogy information, equipment for rituals, and graves.

(3)A party to the dissolution of an adoptive relationship and any other interested party may file an immediate appeal against a ruling of the designation of a successor to the ownership of equipment for rituals, etc. upon the dissolution of an adoptive relationship, etc. and a ruling to dismiss a petition for the ruling.

Article 164(1)An adjudication case for the establishment of a special adoption is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of a person who is to adopt another person.

(2)A person who is to be adopted must be confirmed that it is eligible for a special adoption (meaning the person who is to be adopted has the requirements set forth in Article 817-6 of the Civil Code, and the parents specified in Article 817-7 of the same Code may be considerably difficult or inappropriate to take care of a person who is to be adopted, or that there is any other special circumstances; hereinafter the same applies in this Article and the following Article) (limited to those filed by the petitioner pursuant to the provisions of paragraph (1) of the Article) or a person subject to a ruling for confirmation of eligibility for a special adoption upon petition by the director of a child guidance center (limited to those determined after the date, which is six months before the date of the petition for the establishment of a special adoption).

(3)The person who has parental authority over the person who is to be adopted (excluding the other prescribed in the provisions of the proviso to Article 817-3, paragraph (2) of the Civil Code, who is the spouse of the petitioner; hereinafter the same applies in the following Article) and those who exercise parental authority over the person who has parental authority over the person who is to be adopted may not participate in proceedings on behalf of the person who is to be adopted in a case of an adjudicated case for the establishment of a special adoption.

(4)The parents of the person who is to be adopted (excluding the other one prescribed in the proviso to Article 817-3, paragraph (2) of the Civil Code, who is the spouse of the petitioner. The same applies in paragraph (10)), notwithstanding the provisions of Article 42, paragraphs (1) and (3), may not participate in the proceedings of an adjudication case for the establishment of a special adoption.

(5)The provisions of Article 118 apply mutatis mutandis to a person who is to adopt another and a person who is to be adopted, and the other person prescribed in the proviso of Article 817-3, paragraph (2) of the Civil Code, who is a spouse of the petitioner in an adjudication case for the establishment of a special adoption (including an adjudication case for a provisional order sought by designating the adjudication case as a case on the merits).

(6)When making a ruling of the establishment of a special adoption, the family court must hear statements from the following persons.

(7)A ruling of the confirmation of eligibility for a special adoption (including ruling of the confirmation of eligibility for a special adoption upon petition by the director of child guidance center; hereinafter the same applies in the following Article) binds the court before which an adjudication case for the establishment of a special adoption is pending. In this case, a ruling for the establishment of a special adoption, in the relation to the adjudication case for confirmation of the eligibility for a special adoption, is deemed to have been made at the time of ruling for the establishment of a special adoption.

(8)Notice of a ruling of the establishment of a special adoption must be given to the persons set forth in paragraph (6), item (ii), beyond the persons prescribed in Article 74, paragraph (1).

(9)Notice of a ruling of the establishment of a special adoption is not required to be given to the person who is to be adopted when the family court finds that the notice would harm the interests of the person in consideration of the person's age, degree of development, and in all other circumstances; provided, however, that this does not apply if the person who is to be adopted has reached the age of fifteen.

(10)Notice of a ruling of the establishment of a special adoption is not required to be given to the parents of the person who is to be adopted; provided, however, that the date of ruling and the main text of the ruling must be notified to the parents whose address or residence is known.

(11)Notwithstanding the provisions of paragraph (2), the family court may make a ruling of the establishment of a special adoption at the same time as a ruling of confirmation of the eligibility for a special adoption. In this case, the ruling of the establishment of a special adoption has not been finalized until the ruling of confirmation of the eligibility for a special adoption is finalized.

(12)In the case set forth in the provisions of the first sentence of the preceding paragraph, if the judicial decision revoking the ruling on confirmation of eligibility for a special adoption is finalized, the family court must revoke the ruling of the establishment of a special adoption by its own authority.

(13)A ruling of the establishment of a special adoption does not become final and binding after the date when the person who is to be adopted reaches the age of eighteen. In this case, the family court must, revoke the ruling by its own authority.

(14)An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items:

(15)The period of an immediate appeal filed against a ruling of the establishment of a special adoption by a person who is to be adopted (limited to those under the age of 15) runs from the date on which a person other than the person who is to be adopted receives a notice of the ruling (if there are two or more such days, the latest day).

Article 164-2(1)A family court may, upon petition by a person who is to adopt another person, make a ruling on the adoption between that person and the person who is to be adopted for confirmation of the eligibility for a special adoption; provided, however, that this does not apply by the day on which two months have elapsed from the date of birth of the person who is to be adopted and from the day when the person who is to be adopted has reached the age of eighteen.

(2)An adjudication case for confirmation of the eligibility for a special adoption falls under the jurisdiction of a family court that has jurisdiction over the domicile of the person who is to adopt another.

(3)A petition for the confirmation of the eligibility for a special adoption must be made at the same time as a petition for the establishment of a special adoption.

(4)The provisions of Article 118 apply mutatis mutandis to the person who is to adopt another and the person who is to be adopted, and the parents of the person who is to be adopted in an adjudication case of confirmation of the eligibility for a special adoption.

(5)The consent in the text of Article 817-6 of the Civil Code cannot be withdrawn if it falls under any of the following items; provided, however, that this does not apply until the expiration of 2 weeks from the date of consent.

(6)In the case of making a ruling for confirmation of the eligibility for a special adoption, the family court must hear the statement of the following persons. In this case, in the event that a hearing is made without the consent of the persons set forth in item (ii), the statement of that person must be heard on the hearing date.

(7)When a ruling dismissing a petition for the establishment of a special adoption is finalized or a petition for the establishment of a special adoption is withdrawn, the family court must dismiss a request for confirmation of the eligibility for a special adoption pertaining to the petition of the person who has filed the petition.

(8)In the case of making a ruling to dismiss a petition for confirmation of the eligibility for a special adoption, the family court must hear the statement of the person set forth in paragraph (6), item (ii) and item (iii).

(9)The ruling for confirmation of the eligibility for a special adoption must be notified to a person prescribed in Article 74, paragraph (1), as well as to the persons set forth in paragraph (6), item (iii) and item (iv).

(10)Notice of a ruling of confirmation of the eligibility for a special adoption is not required to be given to the person who is to be adopted if the family court finds that the notice would harm the interests of the person in consideration of the age, degree of development, and all other circumstances.

(11)In the case of a ruling for confirmation of the eligibility for a special adoption, if it is not possible to specify the persons set forth in item (ii) of paragraph (6), it is not necessary for the family court to hear the statement of the persons set forth in the item and item (iv) of the paragraph nor notify them of the ruling.

(12)With regard to the rulings set forth in the following items, the persons specified in each item may make an immediate appeal.

(13)The period of an immediate appeal against a ruling for confirmation of the eligibility for a special adoption by a person who is to be adopted runs from the day on which a person other than the person who is to be adopted receives a notice of a ruling (if there are two or more such days, the latest day).

(14)When a ruling to dismiss the petition for the establishment of a special adoption becomes final and binding, or when a petition for the establishment of a special adoption is withdrawn, the ruling for confirmation of the eligibility for a special adoption by the person who has filed the petition ceases to be effective.

Article 165(1)An adjudication case for the dissolution of a special adoption is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the adoptive parents.

(2)The provisions of Article 118 apply mutatis mutandis to adoptive parents, an adopted child, and the child's natural parents in an adjudication case for the dissolution of a special adoption (including an adjudication case for a provisional order sought by designating the adjudication case as a case on the merits).

(3)When making a ruling of the dissolution of a special adoption, the family court must hear statements from the following persons. In this case, it must hear statements from the persons set forth in items (i) through (iii) on the date of a hearing:

(4)When making a ruling to dismiss a petition for the dissolution of a special adoption, the family court must hear statements from the following persons:

(5)Notice of a ruling of the dissolution of a special adoption must be given to the persons set forth in paragraph (3), items (iv) through (vi), beyond the persons prescribed in Article 74, paragraph (1).

(6)Notice of a ruling of the dissolution of a special relationship need not be required to be given to the adopted child when the family court finds that such notice would harm the interests of the adopted child in consideration of the child's age, degree of development, and in all other circumstances.

(7)An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items (in item (i), excluding the petitioner):

(8)The period for filing an immediate appeal against a ruling of the dissolution of a special adoption to be filed by an adopted child runs from the day on which a person other than the adopted child receives notice of a ruling (if there are two or more such days, the latest day).

Article 166(1)When a petition for the establishment of a special adoption is filed, and when it is necessary for the interests of a person who is to be adopted, the family court (or a high court in the case set forth in Article 105, paragraph (2); the same applies in paragraphs (3) and (4)) may, upon the petition of the person who has filed the petition, appoint the petitioner as a person who has custody of the person who is to be adopted or suspend the performance of duties by the person who has parental authority over the person who is to be adopted or by a guardian of the minor who is to be adopted or appoint a person acting as the representative thereof, until a ruling on the petition for the establishment of a special adoption becomes effective.

(2)A ruling to suspend the performance of duties under the provisions of the preceding paragraph become effective when notice thereof is given to the person who has parental authority or a guardian of a minor who is to be suspended from performing duties, the person who exercises parental authority over the person who is to be adopted or any other guardian of the minor who is to be adopted, or a person acting as a representative appointed pursuant to the provisions of the paragraph.

(3)A family court may, at any time, replace a person acting as a representative appointed pursuant to the provisions of paragraph (1), with another.

(4)A family court may grant a reasonable remuneration to a person acting as a representative appointed pursuant to the provisions of paragraph (1) or a person acting as a representative appointed as a replacement pursuant to the provisions of the preceding paragraph, out of the property of the person who is to be adopted.

(5)The provisions of the preceding paragraphs (excluding the parts concerning a provisional order for the appointment of a person who has custody of a person who is to be adopted) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the dissolution of a special adoption as a case on the merits.