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The Integrated Approach for the Solution to Child Custody Cases and the Establishment of the Legal Criterion - In the Light of the Rules Substantive and Procedural and Legal Practices in Germany -

Research Project

Project/Area Number 16530060
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeSingle-year Grants
Section一般
Research Field Civil law
Research InstitutionDokkyo University

Principal Investigator

TSUNEOKA Fumiko  Dokkyo University, Faculty of Law, Professor, 法学部, 教授 (50299145)

Project Period (FY) 2004 – 2005
Project Status Completed (Fiscal Year 2005)
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)
Keywordscivil law / family court procedure / civil procedure for personal relationship / divorce / legal custody / joint custody / visitation / Germany / 人事訴訟
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 … More 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

Report

(3 results)
  • 2005 Annual Research Report   Final Research Report Summary
  • 2004 Annual Research Report
  • Research Products

    (5 results)

All 2007 2006

All Journal Article (5 results)

  • [Journal Article] 子の監護事件の統合的解決-ドイツ法からの示唆-2007

    • Author(s)
      常岡史子
    • Journal Title

      獨協法学 73号(発表予定)

      Pages: 1-30

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      2005 Final Research Report Summary
  • [Journal Article] The Integrated Approach for the Solution to Child Custody Cases2007

    • Author(s)
      Fumiko Tsuneoka
    • Journal Title

      Dokkyo Law Review 73

      Pages: 1-30

    • Description
      「研究成果報告書概要(欧文)」より
    • Related Report
      2005 Final Research Report Summary
  • [Journal Article] 子の監護に関する処分(養育費請求)審判に対する即時抗告2006

    • Author(s)
      常岡史子
    • Journal Title

      民商法雑誌 134巻2号(発表予定)

      Pages: 1-12

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      2005 Final Research Report Summary
  • [Journal Article] The Family Court Practice on the Child Support2006

    • Author(s)
      Fumiko Tsuneoka
    • Journal Title

      Minshoho Journal 134-2

      Pages: 1-12

    • Description
      「研究成果報告書概要(欧文)」より
    • Related Report
      2005 Final Research Report Summary
  • [Journal Article] 子の監護事件の統合的解決-ドイツ法からの示唆-2006

    • Author(s)
      常岡史子
    • Journal Title

      獨協法学 71号(発表予定)

      Pages: 1-30

    • Related Report
      2005 Annual Research Report 2004 Annual Research Report

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Published: 2004-04-01   Modified: 2016-04-21  

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