| Budget Amount *help |
¥1,500,000 (Direct Cost: ¥1,500,000)
Fiscal Year 2005: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 2004: ¥900,000 (Direct Cost: ¥900,000)
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| Research Abstract |
This research aims at the analysis of the Japanese substantive law of child custody and its procedure in the family court with comparison to the custody system of German law. Germany went through the substantial and procedural reforms of the rules regarding child-parent-relationship in 1990s. This reform sighted on the dissolution of the unequal treatment between the children depending on their legitimacy or their parents' matrimony. It also defined the responsibilities of the parents including those during separation and after divorce.
The German law has set particular rules in order to adopt a joint custody principle. Under these rules, the child is protected by his or her father and mother carrying out the same custody as in case that they hold home together, independent of their matrimonial situation. Although the legislators esteemed the parental joint custody as an effective method to promote the child's well-being, they also recognized that it is not always easy for the separated
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or divorced parents to cooperate with each other, especially to meet halfway in making decisions about how they will raise their children and what kind of education they want for them and often even to adopt the joint custody itself. Therefore, the German laws entrust the family court to deal with the responsibilities to decide certain kinds of custody matters in stead of the parents and carefully prepare the complementary measures such as visitation on the occasion of the parents choosing the single custody after divorce
While Japanese family court practice has prominently introduced the sociological and psychological findings from the United States of America to handle the child custody cases, the necessity of establishing the criterion in the present law is widely recognized, in order to give the stable and convincing solution to the parties. It can also contribute to the child's interests. As observed above, German legal system in regard to the child-parent-relationship provides us with the significant viewpoints as well as valuable materials for the solution to this problem Less
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