2007 Fiscal Year Final Research Report Summary
The Family Court as a Custodian and Tutor of the Family -The Judicial Function for Advancement of the Autonomy of the Dissolved Family and Reconstruction of the Relationship among the Family Members
| Project/Area Number |
18530068
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Dokkyo University |
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Principal Investigator |
TSUNEOKA Fumiko Dokkyo University, Faculty of Law, Professor (50299145)
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| Project Period (FY) |
2006 – 2007
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| Keywords | civil law / family court procedure / civil procedure for personal relationship / family court / mediation / divorce / Germany / the United States |
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| Research Abstract |
This research aims at the analysis of the custodial and tutorial function of the family court for the damaged family by separation or divorce. In Japan, the family court has acted to facilitate a peaceful solution to the conflicts caused by divorce, such as spousal maintenance, child custody, support and visitation, by practically obligatory mediation and availability of conciliators and investigation officers. Esteeming the parties' sentiments has been the best way for the family court there to exercise its function as custodian and tutor for family However, as people have diverse senses of value and obtain legal expertise easily it becomes necessary to create explicit legal criteria for the family court to perform this role.
This research notices the situations of the United States and Germany in order to get suggestion to the problem. In the United States, what is called a family court movement advances the maintenance and reconstruction of the family. Interestingly, while many specialists of different fields enhance this movement, another view argues strongly that providing a new family is often better than maintaining the original broken-up family, particularly for the interest of children and that the authorities should promote the legal means like adoption. When we see Germany, it is a country where the national authorities protect the family by active involvement through judicial and legislative power. Its planned reform of the family court procedures shows us how the nation could act to urge the autonomy of the broken family.
In Japan, the civil procedure for personal relationship was introduced in 2003. Although it is not calculated for the reform of custodianship of the family court itself, it is hoped to examine the further practice of the courts under this law as well as to observe the movements of the above countries continuously.
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