婚姻関係解消に伴う様々な法律問題

• 영문명: Child Custody Issues at/after Divorce in Japan
• 발행기관: 충북대학교 법학연구소
• 저자명: 小川富之(Ogawa Tomiyuki)
• 간행물 정보: 『법학연구』第24卷 第2號, 93~104쪽, 전체 11쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.12.31

영문 초록

If parties to a marriage wish to divorce by consent, they must agree upon which parent shall have a sole parental authority. If the parties are unable to agree, then the Court shall determined which parent shall have parental authority. A parent who has parental authority has: the right and duty, to care for and educate the child; the right to determine the residence of the child; the right to discipline the child to the extent necessary; the right to decide whether to allow the child to have an occupation; and the right to administer the property of the child and represent the child in any legal matters. The parties may agree or the Court may make a determination of who will have the authority over the personal matters of the child (the first 4 authorities of the parental authority). Generally, a person who has the authority over the personal matters of the child will have the physical custody of the child. In practice, it is quite rare for the parties to make an agreement under this provision. Consequently, in most cases, the parties will only have an agreement upon which parent shall have sole parental authority under Article 819 of the Civil Code (Minpo). A parent who has sole parental authority will have both physical custody of the child and sole parental responsibility (i.e. the other parent has no right in relation to the child apart from visitation rights as agreed between the parties). Before the 1960s, it was the fathers who usually obtained the sole parental authority over the children. At present, in over 80% of the divorces matters, the mothers obtain sole parental authority over the child. In most of the case, the mothers will obtain sole parental authority over the children if the children are infants. Hence, it is a common understanding among the Japanese mothers who have infants that they will obtain the sole parental authority. This seems to be the case even if the Japanese mothers reside outside Japan.

목차

１. はじめに－隣の芝生は青いし花は赤い

２. 家族に関する考え方の相違

３. 親権の概念について

４. 欧米の別居ㆍ離婚後の子の養育分担の現状

５. 欧米の別居ㆍ離婚後の子の養育分担の課題

６. おわりに－日本における法改正の方向性について

文献

Abstract

키워드

単 独 親権 制 共同親権 制 共同監護 養育分担 別居親 Sole parental responsibility Joint parental responsibility Shared Parental Responsibility Shared Parenting Non-resident Parent