Judgment upon a motion for delivery of an infant placed under joint parental authority in accordance with the Habeas Corpus Law instituted by either party of a married couple against the other party

Source: Online list of judgments of the Japanese Supreme Court

Reporter: Minshu Vol.48, No.3, at 992

Title: Judgment upon a motion for delivery of an infant placed under joint parental authority in accordance with the Habeas Corpus Law instituted by either party of a married couple against the other party

Case name: Case of protection of personal liberty

Result: Judgment of the Third Petty Bench, quashed and remanded

Second instance court: Osaka High Court, Judgment of December 21, 1993

Summary of the judgment:
When a party of a married couple claims delivery of an infant placed under joint parental authority in accordance with the Habeas Corpus Law, if the other spouse does not comply with substantial restrictions on the exercise of parental authority laid down by a temporary injunction and the like under Article 52-2 of the Rules for Determination of Family Affairs, or in such exceptional case that the treatment of the infant given by the other spouse cannot be acceptable from the standpoint of exercise of parental authority, including the infant's health significantly undermined or satisfactory compulsory education not provided under the custody of the other spouse, while the infant is likely to lead more stable life under the custody of the claimant, it is obvious that the infant's wellbeing is affected seriously under the custody of the other spouse compared to the custody of the claimant, therefore the said custody is deemed significantly unlawful.

Presiding Judge, Justice OHNO Masao
Justice SONOBE Itsuo
Justice KABE Tsuneo
Justice CHIKUSA Hideo
Justice OZAKI Yukinobu