In a referee who was disputed by a "guardian" raising a minor child whether he could become a grandparent instead of his parents due to family circumstances, the Supreme Court said that a third party other than the parents could not claim to be a guardian for the first time. Showed the judgment of.
The alleged grandmother was raising a minor grandson, and after her grandson's mother remarried, she asked her to become a guardian because of the bad relationship between her grandson and her new father. It was.
The Osaka Family Court approved the complaint, and the Osaka High Court also decided to make the grandmother a guardian, saying, "In order to fulfill the welfare of the child, grandparents can also file a complaint. The child himself strongly rejects the father." Did.
In response to the mother's and father's appeals, Judge Masayuki Ikegami of the First Small Court of the Supreme Court issued a decision by the 31st, saying, "Children's interests must be considered first, but third parties other than parents. There is no legal basis for a custody's claim, and no claim can be made. "
He then revoked the family and high court decisions and dismissed his grandmother's allegations.
In a separate referee, the Supreme Court also ruled for the first time in a case where grandparents asked for a visitation exchange with their grandchildren.
After the grandchild's mother died of illness, the maternal grandparents alleged that they could no longer meet their grandchildren, while the Osaka High Court said, "There is room for visitation exchanges if it is in the interests of the child other than the parents." The child's father was protesting.
Regarding this, Judge Ikegami of the First Small Court said, "There is no provision that a third party can make a petition for visitation exchange, and a third party cannot be equated with a parent. With the first decision, "I can't do it," I canceled the decision of the Osaka High Court and decided to dismiss the allegations of my grandparents.