2021 Hawaii Revised Statutes
Title 31. Family
571. Family Courts
- 571-1 Construction and purpose of chapter.
- 571-2 Definitions.
- 571-3 Family courts, divisions of circuit courts.
- 571-4 Family courts, circuits.
- 571-5 Board of family court judges.
- 571-6 Appointment and duties of employees.
- 571-7 REPEALED.
- 571-8 District family courts; district family judges; appointment; sessions.
- 571-8.1 Qualifications; tenure; removal.
- 571-8.2 Salary of district family judges.
- 571-8.3 Disqualification; absence; vacancy.
- 571-8.4 Jurisdiction.
- 571-8.5 Powers.
- 571-11 Jurisdiction; children.
- 571-12 Transfer from other courts.
- 571-13 Retention of jurisdiction.
- 571-14 Jurisdiction; adults.
- 571-21 Complaint; investigation; petition.
- 571-22 Waiver of jurisdiction; transfer to other courts.
- 571-22.5 Appeal of waiver of jurisdiction.
- 571-23 Summons; notice; custody of minor.
- 571-24 Failure to answer summons; warrants.
- 571-31 Taking children into custody; release; notice.
- 571-31.1 Standard for detention.
- 571-31.2 Juvenile intake and diagnostic services.
- 571-31.3 Voluntary assistance.
- 571-31.4 Informal adjustment, law violators.
- 571-31.5 Informal adjustment, status offenders.
- 571-31.6 Informal adjustment, minor who may be both law violator and status offender.
- 571-32 Detention; shelter; release; notice.
- 571-32.1 Contract and fee-for-service accommodations.
- 571-33 Detention and shelter facilities.
- 571-34 Criminal history record checks.
- 571-41 Procedure in children's cases.
- 571-41.1 Extradition of minors to Hawaii.
- 571-41.2 Extradition of minors from Hawaii.
- 571-42 Procedure in adult cases.
- 571-43 Additional remedies not pleaded.
- 571-44 Physical or mental examination and treatment.
- 571-45 Assessment and investigation prior to disposition; suspension of delinquency proceedings; denial of services reporting.
- 571-46 Criteria and procedure in awarding custody and visitation; best interest of the child.
- 571-46.1 Joint custody.
- 571-46.2 Orders relating to custody and visitation cases.
- 571-46.3 Grandparents' visitation rights; petition; notice; order. A grandparent or the grandparents of a minor child may file a petition with the court for an order of reasonable visitation rights. The court may award reasonable visitation rights provided that the following criteria are met: (1) This State is the home state of the child at the time of the commencement of the proceeding; and (2) Reasonable visitation rights are in the best interests of the child. No hearing for an order of reasonable visitation rights under this section shall be had unless each of the living parents and the child's custodians shall have had due notice, actual or constructive, of the allegations of the petition and of the time and place of the hearing thereof. An order made pursuant to this section shall be enforceable by the court, and the court may issue other orders to carry out these enforcement powers if in the best interests of the child. [L 1993, c 166, §1; am L 1998, c 20, §2] Rules of Court Pleadings, see Hawaii Family Court Rules, part A(III). Case Notes The "best interests of the child" standard in paragraph (2) requires the family court to give "special weight" to (i.e., uphold a rebuttable presumption in favor of) the visitation decisions of a custodial parent whose fitness has not been challenged; thus, the family court erred to the extent that it relied on Troxel to invalidate this section (2003); however, as a "harm to the child" standard was constitutionally required and could not be read into this section without making a substantive amendment to the statute, this section, as written, was unconstitutional. 116 H. 323, 172 P.3d 1067 (2007). Article XII, §7 of the Hawaii constitution and/or §1-1 do not authorize for native Hawaiian grandparents any more visitation rights than §571-46(7) and this section authorize for all grandparents, native and non-native Hawaiian. 112 H. 113 (App.), 144 P.3d 561 (2006). Discussed: 88 H. 68 (App.), 961 P.2d 1162 (1998).
- 571-46.4 Child custody evaluators; qualification; registry; complaints.
- 571-46.5 Parenting plans. (a) For every action that includes a contested custody of children, both parties or both parents shall develop either a mutually agreed-upon general parenting plan or separate individually-desired parenting plan, and file the plan at the outset of the action. (b) A parenting plan may include a general outline relating to parental responsibilities and parenting time. A general parenting plan may also allow the parents to develop a more detailed agreement on an informal basis. (c) A detailed parenting plan may include, but is not limited to, provisions relating to: (1) Residential schedule; (2) Holiday, birthday, and vacation planning; (3) Parental decision-making and responsibility; (4) Breastfeeding, if applicable; (5) Information sharing and access; (6) Relocation of parents; (7) Telephone access and other means of communication; (8) Right of first refusal procedures; (9) Transportation; and (10) Methods for changing or enforcing the parenting plan and for resolving disputes. (d) If the parties cannot agree on a parenting plan, the court may: (1) Order the parties to participate in alternative dispute resolution and in counseling with a person with professional experience in child custody or parenting issues, or with other appropriate education, unless there is a finding of family violence; and (2) Develop and file a detailed parenting plan when requested by either of the parties or parents. (e) The court or the parties may revise and amend the parenting plan from time to time. [L 2005, c 244, §1]
- 571-46.6 Criteria and procedure in awarding custody and visitation; disability.
- 571-47 Determination of parentage of child born in wedlock.
- 571-48 Decree, if informal adjustment or diversion to a private or community agency or program has not been effected.
- 571-48.5 Probation supervision requirements.
- 571-48.6 Earned discharge from probation; reporting requirements.
- 571-49 REPEALED.
- 571-50 Modification of decree, rehearing.
- 571-51 Support of minor committed for study or care.
- 571-51.5 Modification of support and visitation decrees.
- 571-52 Assignment by court order of future income for payments of support.
- 571-52.1 REPEALED.
- 571-52.2 Automatic assignment by court or administrative order of future income for payment of child support.
- 571-52.3 Immediate income withholding.
- 571-52.5 Guidelines to determine child support amounts.
- 571-52.6 Child support order, judgment, or decree; accident and health or sickness insurance coverage.
- 571-52.7 Award of costs and reasonable attorneys' fees.
- 571-53 Signing of papers.
- 571-54 Appeal.
- 571-55 Certification in lieu of oath.
- 571-56 Offense.
- 571-57 Penalty.
- 571-61 Termination of parental rights; petition.
- 571-62 Hearing; investigation and report.
- 571-63 Findings and judgment.
- 571-71 Juvenile crime prevention bureau; establishment of.
- 571-72 Duties and powers; reports; expungement of juvenile arrest records.
- 571-73 No limitations on family courts.
- 571-74 Rules and standards; investigation and questioning; fingerprinting and photographing.
- 571-81 Contempt of court.
- 571-82 Court sessions; quarters.
- 571-83 Court and witness fees.
- 571-84 Records.
- 571-84.5 Support order, decree, judgment, or acknowledgment; social security number
- 571-84.6 Minor law violators; proceedings and records not confidential.
- 571-85 Authority of probation officers; additional probation officers.
- 571-86 Cooperation.
- 571-86.5 Statewide juvenile justice interdepartmental cluster; local juvenile justice interdepartmental cluster; high-need youth services coordination.
- 571-87 Appointment of counsel and guardian ad litem; compensation.
- 571-88 Orders expunging juvenile arrest records.
- 571-89 Family court; annual report.
Rules of Court
See Family Court Rules; applicability of Hawaii Rules of Civil Procedure, see HRCP rules 1, 81; proceedings not governed by Hawaii Rules of Civil Procedure, see RCC rule 31.
Law Journals and Reviews
When Children Prey on Children: A Look at Hawai`i's Version of Megan's Law and its Application to Juvenile Sex Offenders. 20 UH L. Rev. 477 (1998).
In the Best Interests of the Child: Juvenile Justice or Adult Retribution? 23 UH L. Rev. 341 (2000).
Trauma-Informed Co-Parenting: How a Shift in Compulsory Divorce Education to Reflect New Brain Development Research Can Promote Both Parents' and Children's Best Interests. 39 UH L. Rev. 37 (2016).
When family court is concerned about potential abuse of a minor, it may take action under chapter 587 to promptly address problem, regardless of whether action was initiated under this chapter or by way of formal chapter 587 petition. 84 H. 41, 928 P.2d 883 (1996).
No equal protection violation for use of preponderance of evidence standard of proof for 586-5.5 as family and household members not suspect class and rational basis underlying this standard adopted by legislature under this chapter for chapter 586 was to facilitate and expedite judicial issuance of protective orders. 85 H. 197 (App.), 940 P.2d 404 (1997).