Article 32(1)In the cases listed in the following items, the case seeking the return of a child (which means the case pertaining to the petition for the return of a child under the provisions of Article 26; the same applies hereinafter.) is subject to the jurisdiction of the respective family courts specified in each of the items:

(2)A case seeking the return of a child is subject to the jurisdiction of the Tokyo Family Court when the child has no domicile in Japan or their domicile is unclear, and when they have no residence in Japan or their residence is unclear.

Article 33Where the return of a child with regard to two or more children is to be sought by a single petition, the petition may be filed with the family court which has jurisdiction over a petition for the return of a child with regard to one of the children pursuant to the provisions of the preceding Article.

Article 34Where the court with jurisdiction is unable to exercise its jurisdiction by law or in fact or if a court with jurisdiction is not determined due to ill-defined jurisdictional districts of courts, the Supreme Court, upon petition, designates a court with jurisdiction.

Article 35The jurisdiction of a court is determined on the basis of the time of the filing of a petition for the return of a child.

Article 36(1)The parties may determine one of the family courts specified in each item of Article 32, paragraph (1) as a court with jurisdiction by an agreement only in the first instance.

(2)The agreement set forth in the preceding paragraph does not become effective unless it is made with respect to a petition for the return of a child and is made in writing.

(3)If the agreement set forth in paragraph (1) is made by means of electronic or magnetic records (which means records used in computer data processing which are created in electronic form, magnetic form, or any other form that is otherwise impossible to perceive through the human senses alone), the provisions of the preceding paragraph are applied by deeming the agreement to have been made in writing.

Article 37(1)The court, when it finds that the case seeking the return of a child is not subject to its jurisdiction, upon petition or by its own authority, transfers the case to the family court that has the jurisdiction.

(2)A family court, in the case prescribed in the preceding paragraph, when it finds it particularly necessary for handling a case seeking the return of a child, by its own authority, may transfer the whole or part of that case to a family court other than the family court which has jurisdiction over the case (limited to the family courts specified in each item of Article 32, paragraph (1)).

(3)Any of the family courts specified in each item of Article 32, paragraph (1), in the case prescribed in paragraph (1) and when it finds it particularly necessary for handling a case seeking the return of a child, by its own authority, may handle the whole or part of that case by itself.

(4)A family court, even where a case seeking the return of a child is subject to its jurisdiction and when it finds it particularly necessary for handling the case, by its own authority, may transfer the whole or part of that case to another family court (limited to the family courts specified in each item of Article 32, paragraph (1)).

(5)An immediate appeal may be filed against a judicial decision on a transfer under the provisions of paragraphs (1) and (2) and the preceding paragraph and a judicial decision to dismiss without prejudice the petition set forth in paragraph (1).

(6)An immediate appeal against a judicial decision on a transfer under the provisions of the preceding paragraph has the effect of stay of execution.

(7)The provisions of Article 22 of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis to the judicial decision on a transfer of the case seeking the return of a child.

Article 38(1)A judge, in the following cases, is disqualified from performing their duties; provided, however, that in the case listed in item (vi), this does not preclude a judge from performing their duties as a commissioned judge based on the commission from another court:

(2)If any of the grounds for disqualification prescribed in the preceding paragraph exist, the court, upon petition or by its own authority, makes a judicial decision of disqualification.

Article 39(1)If there are circumstances with regard to a judge that would prejudice the impartiality of a judicial decision, a party may challenge the judge.

(2)A party, if the party, in the presence of a judge, has made statements on the case, may not challenge the judge; provided, however, that this does not apply where the party did not know of the existence of any grounds for challenge or where any grounds for challenge occurred thereafter.

Article 40(1)A judicial decision of the disqualification of or a challenge to a judge who is a member of a panel or a single judge of a family court is made by the court to which the judge belongs.

(2)The judicial decision set forth in the preceding paragraph is made by a panel.

(3)A judge may not participate in making a judicial decision on the disqualification of or challenge to themselves.

(4)When a petition for disqualification or challenge is filed, the proceedings of the case seeking the return of a child must be stayed until a judicial decision on the petition becomes final and binding; provided, however, that this does not apply to any urgent act.

(5)When a judicial decision to dismiss without prejudice the petition for challenge is made for the reason that any of the grounds listed in the following items exist, the provisions of paragraph (3) do not apply:

(6)Notwithstanding the provisions of paragraphs (1) and (2), a judicial decision set forth in the preceding paragraph may be made by an authorized judge, etc. (which means an authorized judge, a commissioned judge, or a judge of the family court handling the case seeking the return of a child; the same applies in the proviso of paragraph (3) of the following Article) who is subject to a challenge.

(7)When a judicial decision set forth in paragraph (5) is made, notwithstanding the provisions of the main clause of paragraph (4), the proceedings of the case seeking the return of a child are not stayed.

(8)No appeal may be entered against a judicial decision that the disqualification or challenge is well-grounded.

(9)An immediate appeal may be filed against a judicial decision to dismiss without prejudice the petition for the disqualification or challenge.

Article 41(1)The provisions of Article 38, Article 39, and paragraphs (3), (5), (8), and (9) of the preceding Article apply mutatis mutandis to the disqualification of and challenge to the court clerks.

(2)When a petition is filed for the disqualification of or a challenge to a court clerk, the court clerk may not participate in the case seeking the return of a child for which the petition is filed until a judicial decision on that petition becomes final and binding; provided, however, that this does not apply to the case where a judicial decision to dismiss without prejudice the petition for a challenge to the court clerk is made for the reason that any of the grounds listed in each item of paragraph (5) of the preceding Article as applied mutatis mutandis pursuant to the preceding paragraph exists.

(3)A judicial decision of the disqualification of or a challenge to the court clerk is made by the court to which a court clerk in question belongs; provided, however, that a judicial decision set forth in the proviso of the preceding paragraph may be made by an authorized judge, etc. (with respect to an authorized judge or a commissioned judge, limited to the case where a petition is filed for a challenge to the court clerk who attends the proceedings of the relevant judge).

Article 42(1)The provisions of Article 38 and Article 40, paragraphs (2), (8), and (9) (excluding the part relating to challenge) apply mutatis mutandis with respect to the disqualification of a family court investigating officer.

(2)When a petition is filed for the disqualification of a family court investigating officer, the family court investigating officer may not participate in the case seeking the return of a child for which that petition is filed until a judicial decision on the petition becomes final and binding.

(3)A judicial decision of the disqualification of a family court investigating officer is made by the court to which the family court investigating officer in question belongs.

Article 43(1)The provisions of Articles 28, 29, 33, 34 , paragraphs(1) and (2), and Article 36 , paragraph (1) of the Code of Civil Procedure apply mutatis mutandis to the capacity to be a party, the capacity to perform procedural acts in the proceedings of the case seeking the return of a child (hereinafter referred to as "procedural acts"), the statutory representation for a person without the capacity to perform procedural acts, the delegation of powers necessary for performing procedural acts, and the extinction of authority of statutory representation.

(2)A minor or an adult ward may perform procedural acts by themselves without being required to obtain the consent of a statutory agent or without going through a statutory agent. The same applies where a person under curatorship or a person under assistance does not have the consent of the curator or supervisor of the curator, or assistant or supervisor of the assistant.

(3)In order for a guardian to perform procedural acts with regard to a petition or an appeal on the return of a child filed by other persons, the guardian is not required to obtain the consent of the supervisor of the guardian.

(4)In order for a guardian to perform any of the following procedural acts, they must be required to obtain the consent of the supervisor of the guardian:

Article 44A person who exercises parental authority or a guardian may perform procedural acts on behalf of a minor or an adult ward.

Article 45(1)Where there is no statutory agent or where a statutory agent is unable to exercise the authority of representation with respect to a minor or an adult ward, and when damage is likely to be incurred due to a delay in the proceedings of the case seeking the return of a child, the presiding judge, upon petition of an interested person or by the judge's own authority, may appoint a special agent.

(2)A judicial decision on the appointment of a special agent is made based on a prima facie showing.

(3)The court may replace a special agent at any time.

(4)In order for a special agent to perform procedural acts, they must be required to obtain the same delegation of powers as a guardian.

(5)An immediate appeal may be filed against a judicial decision to dismiss without prejudice the petition set forth in paragraph (1).

Article 46The provisions concerning statutory representation and a statutory agent in this Act applies mutatis mutandis to a representative of a corporation and to a representative or administrator of an association or foundation that is not a corporation but has the capacity to be a party.

Article 47(1)A person who has the status to become a party may intervene as a party in the proceedings of the case seeking the return of a child.

(2)The court, when it finds it appropriate, upon petition of a party or by its own authority, may allow other persons who have the status to become a party to intervene as a party in the proceedings of the case seeking the return of a child.

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

(4)An immediate appeal may be filed against a judicial decision to dismiss without prejudice the application for intervention under the provisions of paragraph (1).

Article 48(1)The child who is sought to be returned in the case seeking the return of a child may intervene in the proceedings of the case seeking the return of a child.

(2)The court, when it finds it appropriate, by its own authority, may allow a child who is sought to be returned to intervene in the proceedings of the case seeking the return of a child.

(3)An application for intervention under the provisions of paragraph (1) must be made by means of a document.

(4)The court, when it finds that it would harm the interests of the child who intends to intervene in the proceedings of the case seeking the return of a child for the relevant child to intervene in those proceedings while taking into account the age and degree of maturity of the child and all other circumstances, must dismiss the application for intervention under the provisions of paragraph (1) without prejudice.

(5)An immediate appeal may be filed against a judicial decision to dismiss without prejudice the application for intervention under the provisions of paragraph (1).

(6)A child who intervenes in the proceedings of the case seeking the return of a child pursuant to the provisions of paragraphs (1) and (2) (hereinafter simply referred to as "intervening child") may perform the procedural acts that a party to the case is able to perform (excluding the withdrawal and change of the petition for the return of a child, and the withdrawal of an appeal against a judicial decision and of an objection to disposition made by a court clerk); provided, however, that, with respect to an appeal against a judicial decision and an objection to disposition made by a court clerk, this applies only where the intervening child is able to perform the procedural acts pursuant to other provisions of this Act concerning an appeal and objection.

Article 49(1)The court may exclude a person who has no status to become a party or has lost the status from the proceedings of the case seeking the return of a child.

(2)An immediate appeal may be filed against a judicial decision on the exclusion under the provisions of paragraph (1).

Article 50(1)Except for an agent who may perform judicial acts under the laws and regulations, no person other than an attorney at law may serve as a counsel; provided, however, that in a family court, with its permission, a person who is not an attorney at law may be appointed as a counsel.

(2)The permission set forth in the proviso of the preceding paragraph may be rescinded at any time.

Article 51(1)Where a minor, an adult ward, a person under curatorship, or a person under assistance (hereinafter referred to as "minor, etc." in this Article) intends to perform procedural acts, and when the presiding judge finds it necessary, the judge may, upon petition, appoint an attorney at law as a counsel.

(2)Even where a minor, etc. does not file a petition set forth in the preceding paragraph, the presiding judge may order that an attorney at law be appointed as a counsel, or may appoint an attorney at law as a counsel by the judge's own authority.

(3)The amount of remuneration to be paid by a minor, etc. to the attorney at law appointed as a counsel by the presiding judge pursuant to the provisions of the preceding two paragraphs is the amount that the court finds reasonable.

Article 52(1)A counsel, with regard to a case entrusted thereto, may perform acts concerning an intervention and compulsory execution, and may receive payment.

(2)A counsel must be specially entrusted in order to perform the following:

(3)The authority of representation of a counsel may not be restricted; provided, however, that this does not apply to a counsel who is not an attorney at law.

(4)The provisions of the preceding three paragraphs do not preclude the powers of an agent who may perform judicial acts pursuant to laws and regulations.

Article 53The provisions of Article 34 (excluding paragraph (3)), Article 36, paragraph (1) and Articles 56 through 58(excluding Article 58, paragraph (3)) of the Code of Civil Procedure apply mutatis mutandis to a counsel and their authority of representation.

Article 54The provisions of Article 60 of the Code of Civil Procedure apply mutatis mutandis to an assistant in court in the proceedings of the case seeking the return of a child.

Article 55(1)With regard to procedural costs for the procedures for the case seeking the return of a child (hereinafter referred to as "procedural costs"), the parties are to bear their own costs.

(2)With respect to the procedural costs that should be borne by a party and an intervening child, respectively, pursuant to the provisions of the preceding paragraph, the court, depending on the circumstances, may have another party to the case bear all or part of the procedural costs.

Article 56(1)The court, when making a judicial decision to conclude a case, by its own authority, must make a judicial decision on the burden of all procedural costs incurred in the instance thereof (including the costs for the procedures relating to the conciliation of domestic relations where the court has referred the case to the conciliation of domestic relations pursuant to the provisions of Article 144); provided, however, that depending on the circumstances, the court, when making a judicial decision on part of a case or on an interlocutory dispute, may make a judicial decision on the burden of costs thereof.

(2)Where an upper instance court modifies a judicial decision on merits, it makes a judicial decision on the burden of the total costs of the proceedings (including the costs for the procedures relating to the conciliation of domestic relations where the court has referred the case to the conciliation of domestic relations pursuant to the provisions of Article 144). The same applies where a court that has accepted a case remanded or transferred thereto makes a judicial decision to conclude the case.

(3)Where the court has referred the case to the conciliation of domestic relations pursuant to the provisions of Article 144, and if the conciliation has been settled without any special provisions on the burden of the procedural costs for the case seeking the return of a child, the parties bear their own costs.

Article 57Costs required for acts necessary for the procedures for the case seeking the return of a child, such as examination of the facts, examination of evidence, summons and notification, may be temporarily paid by the national treasury.

Article 58(1)The provisions of Articles 68 through 74 (excluding the part relating to an immediate appeal against a judicial decision on an objection to disposition made by a court clerk) of the Code of Civil Procedure apply mutatis mutandis to the burden of the procedural costs.In this case, the term "an application for assisting intervention is withdrawn or an objection to assisting intervention" in Article 73 , paragraph (1) of that Code is deemed to be replaced with "an application for intervention under the provisions of Article 47, paragraph (1) or Article 48, paragraph (1) of the Act for Implementation of the Convention on the Civil Aspect of International Child Abduction (Act No. 48 of 2013)", and the term "The provisions of Article 61 through Article 66 and Article 71, paragraph (7)" in paragraph (2) of the Article of that Code is deemed to be replaced with "The provisions of Article 71, paragraph (7) as applied mutatis mutandis pursuant to Article 58, paragraph (1) of the Act for Implementation of the Convention on the Civil Aspect of International Child Abduction."

(2)An immediate appeal under the provisions of Article 69, paragraph (3) of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding paragraph and an immediate appeal against a judicial decision on an objection set forth in Article 71, paragraph (4) (including cases where it applies mutatis mutandis in the second sentence of Article 72 of that Code as applied mutatis mutandis pursuant to the preceding paragraph), Article 73, paragraph (2) and Article 74, paragraph (2) of that Code have the effect of stay of execution.

Article 59(1)For a person who lacks the financial resources to pay the costs necessary for preparing for and conducting the proceedings of a case seeking the return of a child or for a person who will suffer substantial detriment in their standard of living by paying these costs, the court, upon petition, may make a judicial decision to grant procedural aid; provided, however, that this does not apply where it is obvious that the person seeking that aid has performed procedural acts, such as filing a petition for the return of a child, for an unjust purpose.

(2)The provisions of Article 82, paragraph (2) and Articles 83 through 86 of the Code of Civil Procedure (excluding Article 83, paragraph (1), item (iii) of that Code) apply mutatis mutandis to the procedural aid.In this case, the term "the main clause of Article 82, paragraph (1)" in Article 84 of that Code is deemed to be replaced with "the main clause of Article 59, paragraph (1) of the Act for Implementation of the Convention on the Civil Aspects of International Child Abduction."

Article 60Proceedings of the case seeking the return of a child do not be open to the public; provided, however, that the court may permit observation by a person whom it considers to be appropriate.

Article 61A court clerk must prepare a record of the proceedings on each date for the proceedings of the case seeking the return of a child; provided, however, that the record of the proceedings on the date other than the date for examination of evidence may be substituted by the summary clarifying the proceedings where the presiding judge finds it unnecessary.

Article 62(1)The parties and a third party who has made a prima facie showing of their interest may, with permission of the court, make a request to a court clerk for inspection of or copying of the record of the case seeking the return of a child, or issuance of an authenticated copy, transcript, or extract thereof ( referred to as "inspection, etc." in item (i) of paragraph (4) and Article 69, paragraph (2)), or issuance of a certificate of matters concerning the case seeking the return of a child.

(2)The provisions of the preceding paragraph do not apply with respect to the record of the case seeking the return of a child 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 their interest, with permission of the court, may make a request to a court clerk for reproduction of these objects.

(3)The court, when a petition for the permission under the provisions of the preceding two paragraphs is filed by a party, must grant the permission pertaining to the petition.

(4)With respect to the part describing or recording the domicile or residence of the respondent or the child provided by the Minister for Foreign Affairs pursuant to the provisions of Article 5, paragraph (4) (limited to the part pertaining to item (ii)) (referred to as " part that indicates address, etc." in item (i) and Article 149, paragraph (1)) within the record of the case seeking the return of a child, the court, notwithstanding the provisions of the preceding paragraph, not grant the permission pertaining to the petition set forth in that paragraph; provided, however, that this does not apply to either of the following items:

(5)The court, notwithstanding the provisions of paragraph (3) and the proviso of the preceding paragraph, may refrain from granting the permission pertaining to the petition set forth in paragraph (3), where it is found that there is a risk of causing harm to the interests of the child who is sought to be returned in the case seeking the return of a child, a risk of causing harm to the private life and business 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 the parties. The same applies when it is found that special circumstances exist that make it inappropriate to grant the permission pertaining to the petition set forth in the paragraph to the party in light of the nature of the case, the development of the proceedings, the contents of the record, etc.

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

(7)With respect to an authenticated copy, transcript, or extract of a written judicial decision, or a certificate of matters concerning the case seeking the return of a child, a party to the case, notwithstanding the provisions of paragraph (1), may make a request to a court clerk for issuance thereof without permission of the court.

(8)A request for inspection, copying, and reproduction of the record of a case seeking the return of a child may not be made if these acts would be detrimental to the preservation of the record of the case seeking the return of a child or the performance of the court's duties.

(9)An immediate appeal may be filed against a judicial decision to dismiss without prejudice the petition set forth in paragraph (3).

(10)Where it is found that an immediate appeal under the provisions of the preceding paragraph has been filed for the purpose of unreasonably delaying the proceedings of the case seeking the return of a child, the court of prior instance must dismiss the immediate appeal without prejudice.

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

Article 63(1)The date for the proceedings of the case seeking the return of a child is designated by the presiding judge by their own authority.

(2)The date for the proceedings of the case seeking the return of a child, only if unavoidable, may be designated on a Sunday or any other general holiday.

(3)A change of the date for the proceedings of the case seeking the return of a child is allowed only if there are obvious reasons therefor.

(4)The provisions of Articles 94 through 97 of the Code of Civil Procedure apply mutatis mutandis to the date and period for the proceedings of the case seeking the return of a child.

Article 64(1)The court may consolidate or separate the proceedings of the case seeking the return of a child.

(2)The court may revoke the judicial decision under the provisions of the preceding paragraph.

(3)When the court has ordered the consolidation of the proceedings of the case seeking the return of a child involving different parties, if a party requests the examination of a witness who was examined before the consolidation but whom the party has not had the opportunity to examine, the court must examine that witness.

Article 65(1)If a party to the case seeking the return of a child is not able to continue the case (except for a party's death), a person who has the status to continue the proceedings of the case pursuant to laws and regulations must substitute the proceedings.

(2)Where a person who has the status to continue the proceedings of the case pursuant to laws and regulations files a petition for the substitution of action under the provisions of the preceding paragraph and when a judicial decision is made to dismiss the petition without prejudice, an immediate appeal may be filed against the judicial decision.

(3)In the case referred to in paragraph (1), the court, upon petition of any other party or by its own authority, may have the person who has the status to continue the case pursuant to laws and regulations substitute the proceedings of the case seeking the return of a child.

Article 66(1)Where it is impossible to continue the proceedings of the case seeking the return of a child due to the petitioner's death, a person who has the status to become a petitioner in that case may substitute the case.

(2)A petition for the substitution of action under the provisions of the preceding paragraph must be filed within one month from the date of death of the petitioner of the case seeking the return of a child.

(3)Where it is impossible to continue the proceedings of the case seeking the return of a child due to the respondent's death, the court, upon petition or by its own authority, may have the person who has the custody of the child after the respondent's death substitute the proceedings, but only within three months from the date of the respondent's death.

Article 67The provisions of Part I, Chapter V, Section 4 and Articles 130 through 132 (excluding Article 132, paragraph (1)) of the Code of Civil Procedure apply mutatis mutandis to the service and suspension of the proceedings of the case seeking the return of a child.In this case, the term "the claim that is the subject matter of the suit or the allegations and evidence for defense" in Article 113 of that Code is deemed to be replaced with "matters for which the judicial decision is sought."

Article 68(1)With regard to an objection to a disposition made by a court clerk, the court to which the court clerk belongs makes a judicial decision.

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

Article 69(1)The provisions of Article 132-10, paragraphs (1)through(5) (excluding the part relating to the demand for payment) of the Code of Civil Procedure apply mutatis mutandis to the statements, such as a petition, in the proceedings of the case seeking the return of a child (referred to as "petition, etc." in the following paragraph).

(2)Inspection, etc. of the record of the case seeking the return of a child under the provisions of Article 62, paragraph (1) pertaining to the petition, etc. filed pursuant to the provisions of the main clause of Article 132-10, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding paragraph is made by means of the document set forth in Article 132-10, paragraph (5) of that Code. The same applies to serving or sending a document pertaining to the petition, etc.

Article 70(1)A petition for the return of a child must be filed by submitting a written petition (hereinafter referred to as "written petition for the return of a child") to the family court.

(2)A written petition for the return of a child must state the following matters.In this case, the object of the petition listed in item (ii) must be stated by specifying the child who is sought to be returned and the Contracting State to which the child is to be returned:

(3)A petitioner may request the return of two or more children by one petition.

(4)Where a written petition for the return of a child 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 where fees for filing a petition required under the provisions of the Act on Costs of Civil Procedure (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 an order, must dismiss the written petition for the return of a child without prejudice.

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

Article 71(1)The petitioner, unless there is no change to the basis for a petition, may amend the object of the petition; provided, however, that this does not apply after the proceedings are concluded pursuant to the provisions of Article 89.

(2)An amendment of the object of the petition must be made by means of a document, except where it is made on the date for the proceedings of the case seeking the return of a child.

(3)The family court, when it finds that an amendment of the object of the petition is unlawful, must make a judicial decision not to permit the amendment.

(4)The family court, when an amendment of the object of the petition would substantially delay the proceedings of the case seeking the return of a child, may make a judicial decision not to permit that amendment.

Article 72(1)Where a petition for the return of a child is filed, the family court must send a copy of the written petition for the return of a child to the respondent except where the petition is unlawful or it is obvious that the petition is groundless.

(2)Sending of a copy of the written petition for the return of a child under the provisions of the preceding paragraph may not be made through the method of service by publication.

(3)The provisions of Article 70, paragraphs (4) through (6) apply mutatis mutandis to the case where it is impossible to send a copy of the written petition for the return of a child under the provisions of paragraph (1).

(4)The presiding judge, where the judge has specified a reasonable period and ordered the petitioner to prepay the costs for sending a copy of the petition for the return of a child under the provisions of paragraph (1), but the costs are not prepaid, must, by an order, dismiss the petition for the return of a child without prejudice.

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

Article 73(1)On the date for the proceedings of the case seeking the return of a child, the presiding judge directs the proceedings.

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

(3)When a party has made an objection to a direction issued by the presiding judge with regard to the control of the proceedings, the family court makes a judicial decision on the objection.

Article 74(1)The family court may have an authorized judge conduct proceedings on the date for the proceedings of the case seeking the return of a child; provided, however, that, with respect to the examination of the facts and the examination of evidence, this applies only where an authorized judge may conduct the examination of the facts or the examination of evidence pursuant to the provisions of Article 82, 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 86, paragraph (1).

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

Article 75(1)When a party lives in a remote place or the family court finds it appropriate for any other reasons, the family court, after hearing opinions of the parties, may conduct proceedings (excluding the examination of evidence) on the date for the proceedings of the case seeking the return of a child, as provided for by the Rules of the Supreme Court, by a method that enables the family court and both parties to simultaneously communicate with one another by audio transmissions.

(2)The party who has participated in the proceedings set forth in the preceding paragraph without appearing on the date for the proceedings of the case seeking the return of a child is deemed to have appeared on that date.

Article 76The provisions of Article 154 of the Code of Civil Procedure apply mutatis mutandis to the attendance of an interpreter, etc. on the date for the proceedings of the case seeking the return of a child, and the provisions of Article 155 of that Code also apply mutatis mutandis to the measures taken for a party, intervening child, agent, or assistant in court, who is unable to make the statements necessary to clarify the matters related to the proceedings of the case seeking the return of a child.

Article 77(1)The family court, by its own authority, must conduct an examination of the facts and, upon petition or by its own authority, must conduct an examination of evidence deemed to be necessary.

(2)The petitioner and the respondent are to present the materials on the grounds prescribed in Article 27 (including the grounds relating to the case prescribed in Article 28, paragraph (1), item (ii)) and the materials on the grounds prescribed in the paragraph, respectively and are to cooperate in the examination of the facts and the examination of evidence.

Article 78A prima facie showing must be made by materials that can be examined immediately.

Article 79(1)The family court may have a family court investigating officer conduct an examination of the facts.

(2)In pressing circumstances, the presiding judge may have a family court investigating officer conduct an examination of the facts.

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

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

Article 80(1)The family court, when it finds it necessary, may have the attendance of a family court investigating officer on the date for the proceedings of the case seeking the return of a child.

(2)The family court, when it finds it necessary, may have the family court investigating officer who attends the proceedings pursuant to the provisions of the preceding paragraph state their opinion.

Article 81(1)The family court, when it finds it necessary, may have a technical official of the court who is a physician diagnose the physical and psychological conditions of the persons concerned in the case.

(2)The provisions of Article 79, paragraphs (2) through (4) apply mutatis mutandis to the diagnosis set forth in the preceding paragraph, and the provisions of the preceding Article also apply mutatis mutandis to the attendance of that technical official on the date for the proceedings and the statement of their opinion thereat.

Article 82(1)The family court may commission another family court to conduct an examination of the facts.

(2)A commissioned judge who performs their duties based on the commission under the provisions of the preceding paragraph, when the judge finds it appropriate for another family court to conduct the examination of the facts, may further commission that other family court to conduct the examination of the facts.

(3)The family court, when it finds it appropriate, may have an authorized judge conduct an examination of the facts.

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

Article 83The family court may commission the Minister for Foreign Affairs as well as a government agency, a public office, or any other person that it deems appropriate to conduct necessary examination or may request a school, nursery center, or any other person that it finds appropriate to submit a necessary report relating to the matters as the physical and psychological conditions and living circumstances of the child.

Article 84The family court, when it conducts an examination of the facts, must notify the parties and the intervening child to that effect, except where it finds it specifically unnecessary.

Article 85(1)The family court must hear statements from the parties except where the petition for the return of a child is unlawful or it is obvious that the petition is groundless.

(2)When the family court conducts an examination of the facts by setting a hearing date and hearing one party's statements, the other party may attend on that date; provided, however, that this does not apply where the other party's attendance would interfere with the examination of the facts.

Article 86(1)The provisions of Part II, Chapter IV, Sections 1 through 6 of the Code of Civil Procedure (excluding the provisions of Articles 179, 182, 187 through 189, and Article 207, paragraph (2) of that Code) apply mutatis mutandis to the examination of evidence in the proceedings of the case seeking the return of a child.In this case, the term "a district court or summary court" in Article 185 , paragraph (1) of that Code is deemed to be replaced with "another family court" and the term "district court or summary court" in Article 185, paragraph (2) of that Code is deemed to be replaced with "family court."

(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 stay of execution.

Article 87The family court, when the petitioner may obtain a document proving that there has been a wrongful removal or a wrongful retention in the State of habitual residence, may request the petitioner to submit the document.

Article 88In the proceedings of the case seeking the return of a child, the family court must endeavor to understand the intention of the child through appropriate means such as hearing of their statements and examination by a family court investigating officer, and must take into account its intention according to their age and degree of maturity in making a final order.

Article 89In the proceedings of the case seeking the return of a child, except where the petition is unlawful or it is obvious that the petition is groundless, the family court must decide the day on which proceedings are to be concluded, giving a reasonable grace period; provided, however, that on the date for the proceedings of the case seeking the return of a child which both parties can attend, a court may immediately declare the conclusion of proceedings.

Article 90The family court, when it concludes the proceedings pursuant to the provisions of the preceding Article, must set the date to make a judicial decision.

Article 91In the proceedings of the case seeking the return of a child, the family court makes a judicial decision by an order.

Article 92(1)The family court, when the case seeking the return of a child is sufficiently developed to allow the court to reach a judicial decision, makes a final order.

(2)The family court, when part of the case seeking the return of a child is ripe for making a judicial decision, may make a final order with regard to this part. The same applies where one of multiple cases seeking the return of a child for which consolidation of the proceedings has been ordered is ripe for making a judicial decision.

Article 93(1)A final order must be notified to the parties and the child by a method that is considered to be appropriate; provided, however, that this does not apply where it is found that a notice to the child (excluding the intervening child) would harm their interests, taking into consideration their age and degree of maturity and all other circumstances.

(2)A final order becomes effective when it is notified to the parties; provided, however, that the final order to order the return of a child does not become effective until it becomes final and binding.

(3)A final order is not to become final and binding until the expiration of the period for filing an immediate appeal.

(4)The process of a final order becoming final and binding is interrupted by the filing of an immediate appeal within the period set forth in the preceding paragraph.

Article 94(1)A final order must be made by preparing a written judicial decision.

(2)A written judicial decision for a final order must state the following matters:

Article 95(1)If there is a clerical error or any other clear error similar thereto in a final order, the family court, upon petition or by its own authority, may make an order of correction at any time.

(2)An order of correction must be made by preparing a written judicial decision.

(3)An immediate appeal may be filed against an order of correction only by a person who is entitled to file an immediate appeal if the final order after correction is the original order.

(4)An immediate appeal may be filed against a judicial decision to dismiss without prejudice the petition set forth in paragraph (1) as unlawful.

(5)Where a lawful immediate appeal is filed against a final order, an immediate appeal set forth in the preceding two paragraphs may not be filed.

Article 96The provisions of Article 247, Article 256, paragraph (1), and Article 258 (excluding the second sentence of paragraph (2)) of the Code of Civil Procedure apply mutatis mutandis to the final order.In this case, the term "after the rendition" in Article 256, paragraph (1) of that Code is deemed to be replaced with "from the date when the final order is first notified to the person who is to receive the notice."

Article 97(1)The family court, when the case is sufficiently developed to allow the court to reach a judicial decision with regard to a dispute on legal matters which would be the basis of a final order or any other interlocutory dispute, may make an interlocutory order.

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

Article 98(1)A judicial decision other than a final order must be notified to a person who is to receive the notice by a method that is considered to be appropriate.

(2)A judicial decision other than a final order becomes effective by notifying a person who is to receive the notice (if there are several such persons, one of them).

(3)The provisions of Article 92 through Article 96 (excluding Article 93, paragraphs (1) and (2), and Article 94, paragraph (1)) apply mutatis mutandis to the judicial decision set forth in the preceding paragraph.In this case, the term "the reasons" in Article 94, paragraph (2), item (ii) is deemed to be replaced with "the gist of the reasons."

(4)A judicial decision concerning the control of the proceedings of the case seeking the return of a child may be rescinded at any time.

(5)A judicial decision other than a final order may be made by an assistant judge independently.

Article 99(1)A petition for the return of a child may be withdrawn in whole or part before a final order becomes final and binding; provided, however, that a withdrawal of the petition after a final order is made does not become effective without the consent of the respondent.

(2)Where the consent of the respondent is required to withdraw the petition pursuant to the proviso of the preceding paragraph, the family court must notify the respondent that the petition is withdrawn; provided, however, that this does not apply where the petition is withdrawn orally on the date for the proceedings of the case seeking the return of a child and the respondent appears on that date.

(3)If the respondent does not make an objection within two weeks from the day on which the respondent receives a notice under the provisions of the main clause of the preceding paragraph, the respondent is deemed to have consented to the withdrawal of the petition. The same applies where, in the case under the provisions of the proviso of that paragraph, the respondent does not make an objection within two weeks from the day on which the petition is withdrawn.

(4)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 the petition.In this case, the term "the date for oral argument, preparatory proceedings or settlement (hereinafter referred to as 'date for oral argument, etc.' in this Chapter)" in the proviso of Article 261, paragraph (3) of that Code is deemed to be replaced with "the date for the proceedings of the case seeking the return of a child."

Article 100(1)The provisions of Articles 89, 264, and 265 of the Code of Civil Procedure apply mutatis mutandis to the settlement of the case seeking the return of a child.In this case, the terms "the appearance date" in Articles 264 and "the date for oral argument, etc." in Article 265, paragraph (3) of that Code are deemed to be replaced with "the date for the proceedings of the case seeking the return of a child."

(2)In the case seeking the return of a child, settlement may be also entered into with respect to the matters regarding the custody of the child, the matters regarding cooperation and mutual assistance between husband and wife, and the matters regarding sharing of living expense.

(3)When a settlement on the matters listed in the following items is stated in a record, the statement has the same effect as a judicial decision specified in each of the items:

Article 101(1)A party may file an immediate appeal against a final order.

(2)The child may file an immediate appeal against a final order to order the return of a child.

(3)An immediate appeal may not be filed independently against a judicial decision on the burden of procedural costs.

Article 102(1)An immediate appeal against a final order must be filed within an inalterable period of two weeks; provided, however, that this does not preclude the effect of an immediate appeal filed prior to that period.

(2)The period of filing an immediate appeal by a party or an intervening child commences at the time when they are notified of the final order.

(3)The period of filing an immediate appeal by a child (excluding an intervening child) commences at the time when a party is notified of the final order (when there are two or more dates, the latest date among them).

Article 103(1)An immediate appeal must be filed by submitting a petition for appeal to the court of prior instance.

(2)A petition for appeal must state the following matters:

(3)If an immediate appeal is unlawful and it is obvious that the defect cannot be corrected, the court of prior instance must dismiss the appeal without prejudice.

(4)An immediate appeal may be filed against the final order under the provisions of the preceding paragraph.

(5)An immediate appeal set forth in the preceding paragraph must be filed within an inalterable period of one week; provided, however, that this does not preclude the effect of an immediate appeal filed prior to that period.

(6)The provisions of Article 70, paragraphs (4) and (5) apply mutatis mutandis where the petition for appeal is in violation of the provisions of paragraph (2), and where fees for filing a petition for immediate appeal required under the provisions of the Act on Costs of Civil Procedure are not paid.

Article 104(1)Where an immediate appeal is filed against a final order, the court in charge of an appeal must send a copy of the petition for appeal to the parties and the intervening child (excluding the appellant) in the prior instance, except where the immediate appeal is unlawful or it is obvious that the immediate appeal is groundless.

(2)The presiding judge, where the judge has specified a reasonable period and ordered the appellant to prepay costs necessary for sending a copy of the petition for appeal pursuant to the provisions of the preceding paragraph, but the costs are not prepaid, must, by an order, dismiss the petition for appeal without prejudice.

Article 105The court in charge of an appeal must hear statements from the parties in the prior instance (excluding the appellant), except where the immediate appeal is unlawful or it is obvious that the immediate appeal is groundless.

Article 106The court in charge of an appeal, where it finds that an immediate appeal is well-grounded, must make a judicial decision by itself; provided, however, that this does not apply where the court in charge of an appeal remands the case to the court of first instance pursuant to the provisions of Article 307 or Article 308, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to paragraph (3) of the following Article.

Article 107(1)Except as otherwise provided, the provisions of the preceding Subsection (excluding the provisions of Article 70, paragraph (6), Article 72, paragraphs (2) and (5), Article 93, paragraphs (3) and (4), Article 95, paragraphs (3) through (5) and Article 98, paragraph (5)) apply mutatis mutandis to the procedures relating to the immediate appeal against a final order and that appeal instance.

(2)The court in charge of an appeal, where it is not required to send a copy of the petition for appeal pursuant to the provisions of Article 104, paragraph (1), may dismiss with or without prejudice an immediate appeal without following the procedures of conclusion of the proceedings under the provisions of Article 89 as applied mutatis mutandis pursuant to the preceding paragraph.

(3)The provisions of Articles 283, 284, 292, Article 298, paragraph (1), Articles 299, 302, 303, and 305 through 309 of the Code of Civil Procedure apply mutatis mutandis to the procedures relating to the immediate appeal against a final order and the appeal instance.In this case, the term "Article 261, paragraph (3), Article 262, paragraph (1) and Article 263" in Article 292, paragraph (2) of that Code is deemed to be replaced with "Article 99, paragraph (4) of the Act for Implementation of the Convention on the Civil Aspect of International Child Abduction," and the term "any of the items of Article 6, paragraph (1)" in Article 299, paragraph (2) of that Code is deemed to be replaced with "any of the items of Article 32, paragraph (1) of the Act for Implementation of the Convention on the Civil Aspect of International Child Abduction," and the term "Article 189" in Article 303, paragraph (5) of that Code is deemed to be replaced with "Article 150 of the Act for Implementation of the Convention on the Civil Aspect of International Child Abduction."

Article 108(1)Against a final order made by a high court, an appeal against the order may specially be filed with the Supreme Court on the grounds that that order contains a misconstruction of the Constitution or any other violation of the Constitution.

(2)The court in charge of an appeal before which the appeal set forth in the preceding paragraph (hereinafter referred to as "special appeal") is pending conducts an examination only on the reasons for the special appeal stated in the petition for appeal or the statement of the reasons for the appeal.

Article 109(1)A special appeal does not have the effect of stay of execution; provided, however, that, the court in charge of an appeal set forth in paragraph (2) of the preceding Article or the court of prior instance may order, upon petition, a stay of execution of the judicial decision of prior instance or any other necessary disposition until a judicial decision for a special appeal is made, while requiring or not requiring the provision of security.

(2)Where security is to be provided pursuant to the provisions of the proviso of the preceding paragraph, if it is provided as a statutory deposit, the deposit must be made at the official depository located in the jurisdictional district of the family court that has jurisdiction over the location of the court that has ordered the provision of security.

(3)The provisions of Articles 76, 77, 79, and 80 of the Code of Civil Procedure apply mutatis mutandis to the security set forth in the preceding paragraph.

Article 110(1)The provisions of Article 102, paragraphs (2) and (3), Article 103 (excluding paragraphs (4) and (5)), Articles 104, 105, and 107 apply mutatis mutandis to the procedures relating to the special appeal and the appeal instance.

(2)The provisions of Article 314, paragraph (2), Article 315, Article 316, paragraph (1) (limited to the part pertaining to item (ii)), Article 321, paragraph (1), Article 322, the first sentence of Article 325, paragraph (1), Article 325 , paragraph (2), the second sentence of Article 325, paragraph (3) and Article 325, paragraph (4), Article 326, and Article 336, paragraph (2) of the Code of Civil Procedure apply mutatis mutandis to the procedures relating to the special appeal and that appeal instance.In this case, the term "Article 288 and Article 289, paragraph (2) as applied mutatis mutandis pursuant to the preceding Article" in Article 314, paragraph (2) of that Code is deemed to be replaced with "Article 103, paragraph (6) of the Act for Implementation of the Convention on the Civil Aspect of International Child Abduction as applied mutatis mutandis pursuant to Article 110, paragraph (1) of the Act," the term "the preceding two Articles" in Article 322 of that Code is deemed to be replaced with "Article 108, paragraph (2) of the Act for Implementation of the Convention on the Civil Aspect of International Child Abduction and the provisions of Article 321, paragraph (1) as applied mutatis mutandis pursuant to Article 110, paragraph (2) of the Act," the term "Article 312, paragraph (1) or (2)" in the first sentence of Article 325, paragraph (1) and Article 325, paragraph (2) of that Code is deemed to be replaced with "Article 108, paragraph (1) of the Act for Implementation of the Convention on the Civil Aspect of International Child Abduction," the term "In this case" in the second sentence of paragraph (3) of that Article is deemed to be replaced with "Where a court that has accepted a case remanded or transferred thereto makes a judicial decision," and the term "set forth in the preceding paragraph" in paragraph (4) of the Article is deemed to be replaced with "in a court that has accepted a case remanded or transferred thereto."

Article 111(1)Against a final order made in a high court (excluding an order on a petition set forth in the following paragraph), beyond the case under the provisions of Article 108, paragraph (1), an appeal may be specially filed with the Supreme Court only if the high court permits it pursuant to the provisions of the following paragraph.

(2)The high court set forth in the preceding paragraph, where the final order set forth in the paragraph contains a determination that is inconsistent with precedents rendered by the Supreme Court (or precedents rendered by the former Supreme Court or those rendered by high courts as the final appellate court or the court in charge of an appeal, if there are no precedents rendered by the Supreme Court) or where the final order is found to involve material matters concerning the construction of laws and regulations, must permit an appeal against the final order.

(3)The petition set forth in the preceding paragraph may not state the grounds prescribed in Article 108, paragraph (1) as reasons for petition.

(4)Where permission is granted pursuant to the provisions of paragraph (2), it is deemed that an appeal set forth in paragraph (1) (hereinafter referred to as "appeal with permission" in this Article and paragraph (1) of the following Article) is filed.

(5)The court in charge of an appeal before which an appeal with permission is pending conducts an examination only on the reasons for the appeal with permission stated in the written petition for the permission under the provisions of paragraph (2) or the statement of the reasons for the petition set forth in the paragraph.

(6)The court in charge of an appeal before which an appeal with permission is pending may quash the order of prior instance if there is a violation of laws and regulations that apparently affects a final order.

Article 112(1)The provisions of Article 102, paragraphs (2) and (3), Article 103 (excluding paragraphs (4) and (5)), Articles 104, 105, 107, and 109 apply mutatis mutandis to the procedures relating to the appeal with permission and the relevant appeal instance.In this case, the terms "an (the) immediate appeal" in Article 102, paragraphs (2) and (3), Article 103, paragraphs (1), (2), item (ii), and paragraph (3), Article 104, paragraph (1), and Article 105, "filing a petition for an immediate appeal" in Article 103, paragraph (6), and "a special appeal" in the main clause of Article 109, paragraph (1) are deemed to be replaced with "a (the) petition set forth in Article 111 , paragraph (2)," and the term "a (the) petition for appeal" in Article 103, paragraphs (1), (2), and (6), Article 104, and Article 107, paragraph (2) is deemed to be replaced with "a written petition for the permission under the provisions of Article 111, paragraph (2)," and the term "an (the) immediate appeal" in the Article and "a special appeal" in the proviso of Article 109, paragraph (1) is deemed to be replaced with "an appeal with permission prescribed in Article 111, paragraph (4)."

(2)The provisions of Article 315 and Article 336, paragraph (2) of the Code of Civil Procedure apply mutatis mutandis to the petition set forth in paragraph (2) of the preceding Article, and the provisions of Article 318 , paragraph (3) of the Code apply mutatis mutandis where a permission is granted pursuant to the provisions of paragraph (2) of the preceding Article, and the provisions of the second sentence of Article 318, paragraph (4), Article 321, paragraph (1), Article 322, the first sentence of Article 325, paragraph (1), Article 325, paragraph (2), the second sentence of Article 325, paragraph (3), Article 325, paragraph (4), and Article 326 of that Code apply mutatis mutandis where permission has been granted pursuant to the provisions of paragraph (2) of the preceding Article.In this case, the term "Article 320" in the second sentence of Article 318, paragraph (4) is deemed to be replaced with "Article 111, paragraph (5) of the Act for Implementation of the Convention on the Civil Aspect of International Child Abduction," and the term "the preceding two Articles" in Article 322 of that Code is deemed to be replaced with "the provisions of Article 111, paragraph (5) of the Act for Implementation of the Convention on the Civil Aspect of International Child Abduction and Article 321, paragraph (1) as applied mutatis mutandis pursuant to Article 112, paragraph (2) of the Act," and the term "Article 312, paragraph (1) or (2)" in the first sentence of Article 325, paragraph (1) and Article 325, paragraph (2) of that Code is deemed to be replaced with "Article 111, paragraph (2) of the Act for Implementation of the Convention on the Civil Aspect of International Child Abduction," and the term "In this case" in the second sentence of paragraph (3) of the Article is deemed to be replaced with "Where a court that has accepted a case remanded or transferred thereto makes a judicial decision," and the term "set forth in the preceding paragraph" in paragraph (4) of the Article is deemed to be replaced with "in a court that has accepted a case remanded or transferred thereto."

Article 113An immediate appeal may be filed against a judicial decision other than a final order, only in cases where there are special provisions allowing the filings.

Article 114(1)A party who disagrees with a judicial decision made by an authorized judge or a commissioned judge may make an objection to the court before which the case seeking the return of a child is pending; provided, however, that this applies only where an immediate appeal may be filed against the judicial decision if the relevant judicial decision is made by the family court.

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

Article 115(1)An immediate appeal against a judicial decision other than a final order must be filed within an inalterable period of one week; provided, however, that this does not preclude the effect of an immediate appeal filed prior to that period.

(2)An immediate appeal set forth in the preceding paragraph, except as otherwise provided, does not have the effect of stay of execution; provided, however, that, the court in charge of an appeal or the court of prior instance may order, upon petition, a stay of execution of the judicial decision of prior instance or any other necessary disposition until a judicial decision is made with respect to the immediate appeal, while requiring or not requiring the provision of security.

(3)The provisions of Article 109, paragraphs (2) and (3) apply mutatis mutandis to the deposit and security in the case where security is to be provided pursuant to the provisions of the proviso of the preceding paragraph.

(4)The court, the judge, or the presiding judge which or who has made the judicial decision of prior instance, when it or this person finds that an immediate appeal is well-grounded, must correct the judicial decision.

Article 116(1)The provisions of the preceding three Divisions (excluding the provisions of Article 101, paragraphs (1) and (2), Article 102, paragraphs (1) and (3), Articles 104 and 105 (including the cases where these provisions are applied mutatis mutandis pursuant to Article 112, paragraph (1)) and Article 110) apply mutatis mutandis to the appeal against a judicial decision other than a final order made by a court, a judge, or a presiding judge.In this case, the term "a final order made in a high court" in Article 108, paragraph (1) is deemed to be replaced with "a judicial decision other than a final order made by a family court against which an appeal may not be filed, and a judicial decision other than a final order made by a high court," and the term "pursuant to the provisions of the following paragraph." in Article 111, paragraph (1) is deemed to be replaced with "pursuant to the provisions of the following paragraph; provided, however, that this applies only where an immediate appeal may be filed against the order if the order is made by the family court."

(2)The provisions of Article 102, paragraphs (2) and (3) and Articles 103 and 107 apply mutatis mutandis to the procedures relating to the special appeal against a judicial decision other than a final order made by a court, a judge, or a presiding judge and the appeal instance.In this case, the term "and paragraph (5)" in Article 103, paragraph (6) is deemed to be replaced with "to paragraph (6)."

(3)The provisions of Article 314, paragraph (2), Article 315, Article 316 (excluding item (i) of paragraph(1)), Article 321, paragraph (1), Article 322, the first sentence of Article 325, paragraph (1), Article 325, paragraph (2), the second sentence of Article 325, paragraph (3), Article 325, paragraph (4), Article 326, and Article 336, paragraph (2) of the Code of Civil Procedure apply mutatis mutandis to the procedures relating to the special appeal against a judicial decision other than a final order made by a court, a judge, or a presiding judge and the appeal instance.In this case, the term "Article 288 and Article 289, paragraph (2) as applied mutatis mutandis pursuant to the preceding Article" in Article 314, paragraph (2) of that Code is deemed to be replaced with "Article 103, paragraph (6) of the Act for Implementation of the Convention on the Civil Aspect of International Child Abduction as applied mutatis mutandis by replacing the term pursuant to Article 116, paragraph (2) of the Act," and the term "against" in Article 316, paragraph (2) of that Code is deemed to be replaced with "within an inalterable period of one week, against", and the term "the preceding two Articles" in Article 322 of that Code is deemed to be replaced with "Article 108, paragraph (2) of the Act for Implementation of the Convention on the Civil Aspect of International Child Abduction as applied mutatis mutandis pursuant to Article 116, paragraph (1) of the Act and the provisions of Article 321, paragraph (1) of that Code as applied mutatis mutandis pursuant to Article 116, paragraph (3) of the Act," and the term "Article 312, paragraph (1) or (2)" in the first sentence of Article 325, paragraph (1) and Article 325, paragraph (2) of that Code is deemed to be replaced with "Article 108, paragraph (1) of the Act for Implementation of the Convention on the Civil Aspect of International Child Abduction as applied mutatis mutandis by replacing the term pursuant to Article 116, paragraph (1) of the Act," and the term "In this case" in the second sentence of paragraph (3) of the Article is deemed to be replaced with "Where a court that has accepted a case remanded or transferred thereto makes a judicial decision," and the term "set forth in the preceding paragraph" in paragraph (4) of the Article is deemed to be replaced with "made by a court that has accepted a case remanded or transferred thereto."