Family Act Article 10

In handling a family matter, when necessary, the court may take evidence on its own initiative, taking into consideration facts not presented by the parties. Nonetheless, the above does not prejudice the circumstances otherwise provided in the statutory law.With regard to matters involving divorce, termination of an adoptive relation, partition of inheritance, or other matters subject to the parties’ own measures, Part II, Chapter I, Section 2 of the Code of Civil Procedure regarding agreement on simplifying the issues and Section 3 regarding rules of facts and evidences shall apply, mutatis mutandis, without prejudice to any of the following situations, to which the preceding paragraph shall apply:1. matters involving domestic violence or posing a threat to the interest of a minor child;2. matters posing a threat of infringing the personality of the parties concerned or that of the interested parties;3. where an obvious discrepancy exists between the facts and what the parties acknowledged or agreed to be indisputable facts;4. where, judging from other circumstances, there might results in manifest unfairness.Under the circumstances provided in Paragraph 1 of this Article, the court shall give the parties and the interested parties an opportunity to make a pleading through an oral argument or a statement.