Domestic Relations Inquiry Act

(Act No.152 of 1945)

Chapter 1 General Provisions

Chapter 2 Inquiry

Chapter 3 Conciliation

Section 1 General Rules (Article 17 - Article 26)

Section 2 Domestic Relations Conciliation Officer (Article 26-2 - Article 26-4)

Chapter 4 Penal Provisions (Article 27 - Article 31)

Supplementary Provisions

Chapter 1 General Provisions

Article 1 The purpose of this Act is to maintain peaceful family and sound communal kinship
based on honoring the dignity of individuals and the essential equality of both sexes.

Article 2 The judge that handles with the matters provided for in this Act in Family Court shall
act as the judge of domestic relations.

Article 3 Except as otherwise provided for in this act, the judge of domestic relations shall
inquire with examination counselors or based upon the opinions of examination counselors;
provided, however, when the family court finds it appropriate, the judge of domestic relations
may inquire independently.

(2) A Conciliation Committee organized by a judge of domestic relations and domestic relations
conciliators shall conciliate the case. The provisions of the proviso to the preceding
paragraph shall apply mutatis mutandis for conciliation.

(3) When the petition for conciliation is filed by a party, the Family Court shall, notwithstanding
the proviso of the preceding paragraph, establish a conciliation committee.

Article 4 Among the provisions of the Code of Civil Procedure (Act No.109 of 1996) regarding
the disqualification of and challenge to the court officials, the provisions concerning judges
shall apply mutatis mutandis to judge of domestic relations and examination counselors and
the provisions concerning court clerks shall apply mutatis mutandis to court clerks of a Family
Court.

Article 5 As determined by the Supreme Court, a Family Court may have members of a panel
inquire other than a final decision.

(2) An assistant judge may independently render the decision that shall be rendered by
members of a panel pursuant to the provisions of the preceding paragraph.

Article 6 Deleted

Article 7 Except as otherwise provided, with respect to inquiry and conciliation, the provisions
of Part of the Act on Procedure in Non-Contentious Matters (Act No. 14 of 1898) shall
apply mutatis mutandis, to the extent those provisions are not inconsistent with the nature of
inquiry and conciliation; provided however, that this shall not apply to the provisions of
Article 15 of the same Act.

Article 8 In addition to what is provided in this act, necessary matters concerning inquiry or
conciliation shall be determined by the Supreme Court.

Chapter 2 Inquiry

Article 9 The family court shall inquire into matters listed in the following:

Group A

(i) inquiry on the commencement of guardianship and rescission of the inquiry pursuant to the
provisions of Article 7 and Article 10 of the Civil Code (Act No. 89 of 1896);

(ii) inquiry on the commencement of curatorship and other dispositions concerning curatorship
and rescission of the inquiry pursuant to the provisions of Article 11, Article 13 Paragraph 2
and Paragraph 3, Article 14 and Article 876-4 Paragraph 1 and Paragraph 3 of the Civil Code;

(ii)-2 inquiry on the commencement of assistance and other dispositions concerning assistance
and rescission of the inquiry pursuant to the provisions of Article 15 Paragraph 1, Article 17
Paragraph 1 and Paragraph 3, Article 18, Article 876-9 Paragraph 1 of the Civil Code and
Article 876-4 Paragraph 3 applied mutatis mutandis pursuant to Article 876-9 Paragraph 2 of
the same Act

(ii)-3 rescission of the inquiry on the commencement of guardianship, curatorship or assistance

pursuant to the provision of Article 19 of the Civil Code;

(iii) disposition concerning administration of absentee's property pursuant to the provisions of

Article 25 - Article 29 of the Civil Code;

(iv) adjudication of disappearance and rescission of the adjudication pursuant to the provisions
of Article 30 and Article 32 Paragraph 1 of the Civil Code;

(v) appointment of a special agent pursuant to the provision of Article 775 of the Civil Code;

(vi) permission for the change of a child's surname pursuant to the provisions of Article 791
Paragraph 1 or Paragraph 3 of the Civil Code;

(vii) permission for adoption pursuant to the provisions of Article 794 or Article 798 of the Civil
Code;

(vii)-2 appointment of a guardian of a minor pursuant to the provision of Article 811 Paragraph
5 of the Civil Code;

(viii) permission for dissolution of adoption pursuant to the provision of Article 811 Paragraph 6
of the Civil Code;

(viii)-2 disposition concerning adoption and dissolution of adoption pursuant to the provisions
of Article 817-2and Article 817-10 of the Civil Code;

(ix) permission and other dispositions concerning discipline pursuant to the provisions of Article
822 or Article 857 of the Civil Code (including application mutatis mutandis pursuant to
Article 867 Paragraph 2 of the same Act);

(x) appointment of a special agent pursuant to the provision of Article 826 of the Civil Code
(including application mutatis mutandis pursuant to Article 860 of the same Act);

(xi) appointment of an administrator of property and other dispositions concerning

administration of property pursuant to the provisions of Article 830 Paragraph 2 - Paragraph
4 of the Civil Code (including application mutatis mutandis pursuant to Article 869 of the
same Act);

(xii) ruling on the loss of parental authority or the right of administration of property and
rescission of the ruling pursuant to the provisions of Article 834 - Article 836 of the Civil
Code;

(xiii) permission for surrender or restoration of parental authority or the right of administration
of property pursuant to the provision of Article 837 of the Civil Code;

(xiv) appointment of guardian, supervisor of guardian, curator, supervisor of curator, assistant or

a supervisor of assistant pursuant to the provisions of Article 840, Article 843 Paragraph 1 Paragraph 3 (including the case where Article 843 Paragraph 2 and Paragraph 3 of the same
Act are applied mutatis mutandis pursuant to Article 876-2 Paragraph 2 and Article 876-7
Paragraph 2 of the same Act), Article 849, Article 849-2, Article 876-2 Paragraph 1, Article
876-3 Paragraph 1, Article 876-7 Paragraph 1 or Article 876-8 Paragraph 1 of the Civil Code;

(xv) permission for resignation of guardian, supervisor of guardian, curator, supervisor of

curator, assistant or supervisor of assistant pursuant to the provision of Article 844 of the Civil
Code (including application mutatis mutandis pursuant to Article 852, Article 876-2
Paragraph 2, Article 876-3 Paragraph 2, Article 876-7 Paragraph 2 and Article 876-8
Paragraph 2 of the same Act);

(xvi) dismissal of guardian, supervisor of guardian, curator, supervisor of curator, assistant or

supervisor of assistant pursuant to the provision of Article 846 of the Civil Code (including
application mutatis mutandis pursuant to Article 852, Article 876-2 Paragraph 2, Article 8763 Paragraph 2, Article 876-7 Paragraph 2 and Article 876-8 Paragraph 2 of the same Act);

(xvii) extension of the period of the preparation of an inventory of property pursuant to the
provision of the proviso of Article 853 Paragraph 1 of the Civil Code (including application
mutatis mutandis pursuant to Article 856 and Article 867 Paragraph 2 of the same Act);

(xviii) where there are multiple guardians of an adult, supervisors of a guardian of an adult,
curators, supervisors of a curator, assistants or supervisors of an assistant, ruling on the
exercise of their authority and rescission of the ruling pursuant to the provisions of Article
859-2 Paragraph 1 and Paragraph 2 of the Civil Code (including application mutatis mutandis
pursuant to Article 852, Article 876-3 Paragraph 2, Article 876-5 Paragraph 2, Article 876-8
Paragraph 2 and Article 876-10 Paragraph 1 of the same Act);

(xix) permission for the disposition of the real estate used as the residence for an adult ward, a
person under curatorship or a person under assistance pursuant to the provision of Article
859-3 of the Civil Code (including application mutatis mutandis pursuant to Article 852,
Article 876-3 Paragraph 2, Article 876-5 Paragraph 2, Article 876-8 Paragraph 2 and Article
876-10 Paragraph 1 of the same Act);

(xx) grant of remuneration paid to a guardian, supervisor of guardian, curator, supervisor of

curator, assistant or supervisor of assistant pursuant to the provision of Article 862 of the Civil
Code (including application mutatis mutandis pursuant to Article 852, Article 867 Paragraph
2, Article 876-3Paragraph 2, Article 876-5 Paragraph 2, Article 876-8 Paragraph 2 and Article
876-10 Paragraph 1 of the same Act);

(xxi) the report on the tasks of guardianship, curatorship or assistance, submission of an

inventory of property, investigation of said tasks or the status of property, the disposition
concerning administration of property and other said tasks pursuant to the provisions of
Article 863 of the Civil Code (including the case where it is applied mutatis mutandis
pursuant to Article 867 Paragraph 2, Article 876-5 Paragraph 2 and Article 876-10 Paragraph
1 of the same Act);

(xxii) extension of the period for the account statement of administration pursuant to the
provisions of the proviso of Article 870 of the Civil Code(including application mutatis
mutandis pursuant to Article 876-5 Paragraph 3 and Article 876-10 Paragraph 2 of the same
Act);

(xxii)-2 the appointment of a temporary curator or temporary assistant pursuant to the

provisions of Article 876-2 paragraph 3 and Article 876-7 paragraph 3 of the Civil Code;

(xxiii) disposition concerning management of the inheritance pursuant to the provision of Article
895 of the Civil Code;


(xxiv) extension of the period for acceptance or renunciation of inheritance pursuant to the
provision of the proviso of Article 915 Paragraph 1 of the Civil Code;

(xxv) disposition concerning the preservation or management of inherited property pursuant to

the provisions of Article 918 Paragraph 2 and Paragraph 3 of the Civil Code (including the
case where it is applied mutatis mutandis pursuant to Article 926 Paragraph 2, Article 936
Paragraph 3 and Article 940 Paragraph 2 of the same Act);

(xxv)-2 acceptance of the statement of rescission of qualified acceptance or renunciation of

inheritance pursuant to the provision of Article 919 Paragraph 4 of the Civil Code;

(xxvi) acceptance of the statement of qualified acceptance of inheritance pursuant to the

provision of Article 924 of the Civil Code;

(xxvii) appointment of an appraiser pursuant to the provision of Article 930 Paragraph 2

(including the case where it is applied mutatis mutandis pursuant to Article 947 Paragraph 3,
Article 950 Paragraph 2 and Article 957 Paragraph 2 of the Civil Code), of the proviso of
Article 932 (including the case where it is applied mutatis mutandis pursuant to Article 947
Paragraph 3 and Article 950 Paragraph 2 of the Civil Code) or of Article 1029 Paragraph 2 of
the Civil Code;

(xxviii) appointment of administrator of inherited property pursuant to the provision of Article

936 Paragraph 1 of the Civil Code;

(xxix) acceptance of the statement of renunciation of inheritance pursuant to the provision of

Article 938 of the Civil Code;

(xxx) disposition concerning the separation of inherited property pursuant to the provisions of
Article 941 Paragraph 1 or Article 950 Paragraph 1 of the Civil Code;

(xxxi) disposition concerning administration of inherited property pursuant to the provisions of

Article 943 of the Civil Code(including the case where it is applied mutatis mutandis pursuant
to Article 950 Paragraph 2 of the same Act);

(xxxii) appointment of administrator of inherited property and other dispositions concerning

administration of inherited property pursuant to the provisions of Article 952 and Article 953
or Article 958 of the Civil Code;


(xxxii)-2 disposition of inherited property pursuant to the provision of Article 958-3 Paragraph 1
of the Civil Code;

(xxxiii) confirmation of the will pursuant to the provisions of Article 976 Paragraph 4 or Article
979 Paragraph 3 of the Civil Code;

(xxxiv) probate of the will pursuant to the provision of Article 1004 Paragraph 1 of the Civil
Code;

(xxxv) appointment of the executor pursuant to the provision of Article 1010 of the Civil Code;

(xxxvi) grant of remuneration paid to an executor pursuant to the provision of Article 1018
Paragraph 1 of the Civil Code;

(xxxvii) permission regarding dismissal and resignation of an executor pursuant to the provision
of Article 1019 of the Civil Code;

(xxxviii) rescission of the will pursuant to the provision of Article 1027 of the Civil Code;

(xxxix) permission regarding renunciation of legally reserved portion pursuant to the provision
of Article 1043 Paragraph 1 of the Civil Code;

Group B

(i) disposition concerning living together and other mutual cooperation and assistance of
husband and wife pursuant to the provision of Article 752 of the Civil Code;

(ii) disposition concerning change of the administrator of property and division of property in
co-ownership pursuant to the provision of Article 758 Paragraph 2 and Paragraph 3 of the
Civil Code;

(iii) disposition concerning sharing expenses arising from a marriage pursuant to the provision
of Article 760 of the Civil Code;

(iv) disposition concerning designation of the child custodian and other dispositions concerning
custody of a child pursuant to the provision of Article 766 Paragraph 1 or Paragraph 2 of the
Civil Code (including the case where it is applied mutatis mutandis pursuant to Article 749 ,
Article 771 and Article 788 of the same Act);

(v) disposition concerning distribution of property pursuant to the provision of Article 768
Paragraph 2 of the Civil Code(including the case where it is applied mutatis mutandis
pursuant to Article 749 , Article 771 of the same Act);

(vi) designation concerning the successor of the rights set forth in Article 769 Paragraph 1 of
the Civil Code pursuant to the provision of Article 769 Paragraph 2 (including the case where
it is applied mutatis mutandis pursuant to Article 749 , Article 751 Paragraph 2, Article 771,
Article 808 Paragraph 2 and Article 817 of the same Act) or Article 897 Paragraph 2 of the
Civil Code;

(vi)-2 designation concerning the person who shall have parental authority pursuant to the
provision of Article 811 Paragraph 4 of the Civil Code;

(vii) designation or change of the person who has parental authority pursuant to the provision of
Article 819 Paragraph 5 or Paragraph 6 of the Civil Code(including the case where it is
applied mutatis mutandis pursuant to Article 749 of the same Act);

(viii) disposition concerning support pursuant to the provision of Article 877 - Article 880 of the
Civil Code;

(ix) disinheritance and rescission of a presumed heir pursuant to the provision of Article 892
-Article 894 of the Civil Code;

(ix)-2 disposition concerning determining the contributory portion pursuant to the provision of
Article 904-2 Paragraph 2 of the Civil Code;

(x) disposition concerning division of the inherited property pursuant to the provision of Article
907 Paragraph 2 and Paragraph 3 of the Civil Code.

(2) In addition to what is provided for in this Act, the family court shall have the authority to
conduct an inquiry that is attached specifically to the court by other laws.

Article 10 The number of examination counselor shall be one or more for each case.

(2) The family court shall designate examination counselors for each case from among persons
the court appoints in advance each year.

(3) The Supreme Court shall specify the qualification of persons to be appointed pursuant to
the provision of the preceding paragraph, the number of such persons and any other
necessary matters concerning the appointment set forth in said paragraph.

Article 10-2 Examination counselors shall be paid travel expenses, a daily allowance and
accommodation charges at the amount specified by the Supreme Court.

Article 11 The family court may ex officio submit inquiry cases prescribed in Article 9 Paragraph
1 Group B to conciliations at any time.

Article 12 When the family court finds it appropriate, the court may allow a person who has
interests in the result of an inquiry to join the inquiry procedures.

Article 13 Inquiry shall become effective by the notification to a person who is inquired;
provided however that the inquiry which is subject to an immediate appeal against a ruling
shall not become effective unless the inquiry becomes final and binding.

Article 14 As determined by the Supreme Court, only an immediate appeal against a ruling may
be filed. The period of appeal shall be two weeks.

Article 15 An inquiry that orders payment of money, delivery of matters, performance of

obligation to complete registration and other performance shall have the same effect as that
of an enforceable title of obligation.

Article 15-2 As determined by the Supreme Court, court clerks shall commission the person
responsible for family registers to make an entry in the family registry or commission the
registrations prescribed in the Act on Guardianship Registration to the registry office without
delay in cases where the inquiry (limited to the entry of the family registry or the registry
prescribed in the Act on Guardianship Registration (Act No.152 of 1999)that is required to be
commissioned by the Supreme Court; hereinafter the same shall apply in this Article) with
regard to the matters listed in the Article 9 paragraph 1 Group B takes effect, or the inquiry
pursuant to the provision of paragraph 1 of the following article (including the judicial
decision set forth in paragraph 5 of the same article) takes effect or ceases to be effective.

Article 15-3 In cases where there is a petition for the inquiry set forth in the article 9, the family
court may order a provisional seizure, provisional disposition, appointment of an

administrator of property, or any other necessary temporary restraining order as determined

by the Supreme Court.

(2) The Family Court may revoke the inquiry pursuant to the provision of the preceding
paragraph (hereinafter referred to as "temporary restraining order prior to the inquiry") when
the grounds of the inquiry cease to exist or any other alteration in circumstances arises after
the inquiry became final and binding.

(3) The inquiry under the preceding two paragraphs shall be based on a prima facie showing.

(4) The inquiry set forth in the preceding paragraph shall become effective by the notification to
a person who is inquired.

(5) When the inquiry case prescribed in Article 9 is pending before a high court, said high court
shall render the decision in lieu of the inquiry set forth in Paragraph 3.

(6) The enforcement and effect of a temporary restraining order prior to inquiry (including the
decision prescribed in the preceding paragraph. The same shall apply in the following
paragraph.) shall be governed by the Civil Provisional Remedies Act (Act No. 91, of 1989) and
other laws and regulations concerning enforcement and effect of the provisional seizure and
provisional disposition. In this case, the phrase "the district court that has jurisdiction over the
location of the objects provisionally to be seized or of the subject matter in dispute" in Article
45 of the same Act shall be deemed "the family court (the court of *prior instance when the
inquiry case is pending in the high court ) in which the merits of an inquiry case is pending."

(7) The provisions of the Article 4, Article 14, Article 15 and Article 20 - Article 24 in the Civil
Provisional Remedies Act shall apply mutatis mutandis to a restraining order prior to inquiry,
and the provisions of the Article 33 and Article 34 in the same act shall apply mutatis
mutandis to inquiry that rescinds a restraining order prior to inquiry.

Article 15-4 When the family court finds it necessary to make an order for division of estate, the
court may order the heir to auction all or part of the estate or to convert the estate into cash
as determined by the Supreme Court.

(2) The provision of Paragraph 2 of the preceding article shall apply mutatis mutandis to the
inquiry pursuant to the provision of the preceding paragraph.

(3) The provisions of the preceding two paragraphs shall apply mutatis mutandis to the inquiry
of the disposition of the inherited property pursuant to the provision of Article 958-3
Paragraph 1 of the Civil Code. In this case the term "heir" in Paragraph 1 shall be deemed to
be replaced with "administrator of the inherited property."

Article 15-5 Up on the requests from the person entitled, the family court may investigate the
degree of the performance of the obligation specified in the inquiry and *recommend to the
person under obligation to perform the obligation.

Article 15-6 In case where a person fails to perform the obligation specified in the inquiry to pay
money or to deliver any other property, the family court, when the court finds it appropriate,
may order a person obliged to perform the obligation within a reasonable time limit up on the
requests from the person entitled.

Article 15-7 In case where a person obliged offers performance of obligation to pay money
specified in the inquiry, the family court may receive a deposit of the money for a person
entitled as determined by the Supreme Court.

Article 16 The provisions of Article 644, Article 646, Article 647 and Article 650 of the Civil
Code shall apply mutatis mutandis to an administrator of property appointed by the family
court and the provisions of Article 27 - Article 29 of the same Act shall apply mutatis
mutandis to the administrator of property pursuant to the provision of Article 15-3 Paragraph
1.

Chapter 3 Conciliation

Section 1 General Rules

Article 17 The family court shall conciliate lawsuits concerning personal affairs and other cases
generally concerning families; provided, however, that this shall not apply to an inquiry case
prescribed in Article 9 Paragraph 1 Group A.

Article 18 A person who intends to file a lawsuit concerning cases that the family court may
conciliate pursuant to the provision of the preceding article shall first file a petition for
conciliation with the family court.

(2) Where a person files a lawsuit concerning a case set forth in the preceding paragraph
without first filing a petition for conciliation, the court shall refer the case to conciliation;
provided, however, that this shall not apply to cases when the court finds the case
inappropriate to refer to conciliation.

Article 19 In case where a lawsuit, pertaining to a case that the family court may conciliate
pursuant to the provision of Article 17, is pending, a court may ex officio refer the case to
conciliation by the family court at any time.

(2) Where the case is referred to conciliation pursuant to the provision of the preceding
paragraph and when the conciliation is achieved or the inquiry pursuant to the provisions of
Article 23 or Article 24 Paragraph 1 becomes final and binding, the lawsuit shall be deemed
to have been withdrawn.

Article 20 The provision of Article 12 shall apply mutatis mutandis to conciliation proceedings.

Article 21 When the agreement is effected between the parties in conciliation and it is entered
in the conciliation records, the conciliation is deemed to have been achieved and such entry
shall have the same effect as a final and binding judgment, provided, however, that the
matters listed in Article 9 Paragraph 1 Group B shall have the same effect as a final and
binding inquiry.

(2) The provision of preceding paragraph shall not apply to the cases listed in Article 23.

Article 21-2 When a party, who is found to be difficult to appear due to living in a remote place
in conciliation concerning a case of division of the inherited property, has submitted a
document stating that the party accepts the proposed terms of conciliation presented in
advance by a conciliation committee or a family court, and the other party has appeared on
the date and accepted such proposed terms of conciliation, it shall be deemed that both
parties have achieved an agreement.

Article 22 A conciliation committee shall be organized by one judge of domestic relations and
two or more domestic relations conciliators.

(2) The family court shall designate domestic relations conciliators who organize the
conciliation committee for each case.

Article 22-2 Domestic relations conciliators shall participate in conciliation at the committee
and, when ordered by the court, conciliators shall, in other conciliation cases, state their
opinions based on their specialized knowledge and experience and hear opinions of relevant
persons for solving a commissioned dispute.

(2) Conciliators of domestic relations shall serve on a part-time basis and the Supreme Court
shall determine the necessary matters concerning their appointment and dismissal.

Article 22-3 Domestic relations conciliators shall be paid an allowance pursuant to the
provision specified separately by an act and also be paid travel expenses, daily allowances
and accommodations as determined by the Supreme Court.

Article 23 Where the agreement is effected between the parties in conciliation by the
conciliation committee of the case concerning nullity or rescission of a marriage or an
adoption, and where there is no dispute over the existence or nonexistence of the cause of
nullity or rescission, and when the family court, after having investigated the necessary facts,
hears the opinion of domestic relations conciliators who organize the conciliation committee
and finds the opinion appropriate, the court may make an order equivalent to the said
agreement concerning nullity or rescission of a marriage or an adoption.

(2) The provision of the preceding paragraph shall apply mutatis mutandis to conciliations of
the cases by the conciliation committee concerning nullity or rescission of divorce by
agreement or dissolution of adoptive relation, acknowledgment, nullity or rescission of
acknowledgment, determination of paternity pursuant to Article 773 of the Civil Code, denial
of legitimacy, or clarification of existence or nonexistence of status.

Article 24 In the cases where the conciliation by the conciliation committee fails and when the
family court finds it appropriate, the court may ex officio make the order of divorce,
dissolution of adoption and other necessary orders for resolution of the case after hearing the
opinion of domestic relations conciliators, ensuring equity between the parties, taking all the
circumstances into consideration, so far as the decision is not against the purpose of petition
of the parties. The family court may order payment of money and any other property benefits
on this order.

(2) The provision of the preceding paragraph shall not apply to the conciliation of inquiry cases
prescribed in Article 9 Paragraph 1 Group B.

Article 25 As determined by the Supreme Court, an objection against an order pursuant to the
provisions of Article 23 or Paragraph 1 of the preceding article may be filed against the family
court. The period shall be two weeks.

(2) When an objection is filed within the period set forth in the preceding paragraph, the order
under the said paragraph shall cease to be effective.

(3) When an objection is not filed within the period set forth in Paragraph 1, the order set forth
in the same paragraph shall have the same effect as a final and binding judgment in court.

Article 25-2 The family court may take measures pursuant to in accordance with the provision
of Article 15-5 - Article 15-7, regarding the performance of obligation that is prescribed by
the conciliation or by inquiry provided for in Article 24 Paragraph 1.

Article 26 When conciliation of inquiry cases provided for in Article 9 Paragraph 1 Group B fails,
the petition for inquiry shall be deemed to *have been filed at the time of the application for
conciliation.

Where a conciliation failed in a case that conciliation may be filed with pursuant to the
provision of Article 17, and an inquiry pursuant to the provision of Article 23 or Article 24
Paragraph 1 was not conducted or the above inquiry ceased to be effective pursuant to the
provision of Article 25 Paragraph 2, and when the parties file an action within two weeks from
the date of being notified, the action shall be deemed to *have been filed at the time of the
application for conciliation.

Section 2 Domestic Relations Conciliation Officer

Article 26-2 The Supreme Court shall appoint a domestic relations conciliation officer from
attorneys who have been in practice for more than five years.

(2) A domestic relations conciliation officer shall perform necessary duties to deal with
conciliation cases pursuant to the provisions of this Act.

(3) A domestic relations conciliation officer shall serve a term of two years and may be
reappointed.

(4) A domestic relations conciliation officer shall serve on a part-time basis.

(5) A domestic relations conciliation officer shall not be dismissed against the will of the officer
during the term of office, except in case the officer falls under any of the following items:

(i) where the officer falls under any of the items of Article 7 of the Attorney Act (Act No. 205 of
1949);

(ii) where the officer is found incapable of performing the duties due to mental or physical
frailty; or

(iii) where the officer is found to have committed a violation of obligation in the course of duties
or other misconduct unbecoming to the domestic relations conciliation officer.

(6) In addition to what is provided for in this Act, necessary matters concerning the
appointment of a domestic relations conciliation officer shall be prescribed by the Rules of
the Supreme Court.

Article 26-3 A domestic relations conciliation officer shall handle a conciliation case upon
receiving designation by the family court.

(2) In addition to the authorities given to a judge of domestic relations over conciliation
pursuant to the provisions of this Act (including the provisions of the Non-contentious Cases
Procedures Act as applied mutatis mutandis pursuant to Article 7), a domestic relations
conciliation officer may exercise the authorities listed in the following items to deal with
domestic conciliations.

(i) The authorities given to the family court over conciliations pursuant to the proviso of Article 3
Paragraph 1 as applied mutatis mutandis pursuant to the provision of the second sentence of
the same Article Paragraph 2, Article 12 as applied mutatis mutandis pursuant to Article 20,
Article 21-2, Article 22 Paragraph 2, Article 22-2 Paragraph 1, Article 23, Article 24 Paragraph
1, Article 27 and Article 28 Paragraph 2.

(ii) The authorities related to conciliations that is within the authorities given to the family court
pursuant to the provisions of the Non-contentious Cases Procedures Act as applied mutatis
mutandis pursuant to the provision of Article 7.

(3) A domestic relations conciliation officer shall independently exercise officers' authorities.

(4) Among the provisions of the Code of Civil Procedure regarding disqualification of and
challenge to the court official, the provisions concerning the judge shall apply mutatis
mutandis to a domestic relations conciliation officer.

(5) When a domestic relations conciliation officer exercises the authority, the officer may issue
necessary orders concerning duties of the court clerk, the family court research law clerk and
the court technical official that is a physician. In this case, the provision of Article 60
Paragraph 5 of the Court Act (Act No.59 of 1947) shall apply mutatis mutandis to the court
clerk who receives order of a domestic relations conciliation officer.

Article 26-4 A domestic relations conciliation officer shall be paid an allowance pursuant to the
provision specified separately by an act and also be paid travel expenses, daily allowances
and accommodations as determined by the Supreme Court.

Chapter 4 Penal Provisions

Article 27 A relevant person who has been summoned by the family court or the conciliation
committee and fails to appear without justifiable grounds shall be punished by a non-penal
fine of not more than fifty-thousand yen by the family court.

Article 28 When a party or an intervenor who has been ordered to perform the obligation
pursuant to the provision of Article 15-6 or Article 25-2 does not comply with the order
without justifiable grounds shall be punished by a non-penal fine of not more than one
hundred-thousand yen by the family court.

(2) The preceding paragraph shall apply when a party or an intervenor who has been ordered to
perform the necessary matters as pre-conciliation measures by the family court or the
conciliation committee does not comply with the order without justifiable grounds.

Article 29 A decision of the non-penal fines set forth in the preceding two articles shall be
enforced by the order of a judge of domestic relations. This order shall have the same effect
as that of an enforceable title of obligation.

(2) Enforcement of a decision of the non-penal fines shall be governed by the provisions of the
Civil Enforcement Act (Act No.4 of 1979) and other laws and regulations on compulsory
enforcement procedures; provided however, that service of the decision prior to the
enforcement shall not be required.

(3) In addition to what is provided in the preceding two paragraphs, the provisions of Part V of
the Non-Contentious Cases Procedures Act shall apply mutatis mutandis with regard to a
decision on the imposition of the non-penal fines; provided, however, that this shall not apply
to provisions that concern public prosecutor in Article 162 and Article 164 of the same Act.

Article 30 When a person who is or was a conciliator of domestic relations divulges the
proceedings of deliberations, the opinions of judge of domestic relations, domestic relations
conciliator or conciliators of domestic relations, or the number of opinions constituting
majority and minority, without justifiable grounds, the person shall be punished by a fine of
not more than three hundred thousand yen.

(2) When a person who is or was a examination counselor divulges the opinions of judge of
domestic relations or examination counselors without justifiable grounds, the preceding
paragraph shall apply.

Article 31 When a person who is or was an examination counselor or a conciliator of domestic

relations divulges, without justifiable grounds, others' personal secrets that the person has
learned in the course of duties, the person shall be punished by imprisonment with work for
not more than one year or a fine not more than five hundred thousand yen.