Cross References
Guardian ad litem, see §551-2.
Rules of Court
Guardians ad litem, see HFCR rules 17(c), 152.
Pleadings, see HFCR rule 90.
Law Journals and Reviews
An Essay in Family Law: Property Division, Alimony, Child Support, and Child Custody. 6 UH L. Rev. 381.
Empowering Battered Women: Changes in Domestic Violence Laws in Hawai`i. 17 UH L. Rev. 575.
Familial Violence and the American Criminal Justice System. 20 UH L. Rev. 375.
Case Notes
Welfare of child the guide in awarding custody. 6 H. 386; 11 H. 679; 29 H. 85, 88; 32 H. 479; 32 H. 608.
Guardian, right to custody. 23 H. 241.
Though custody undetermined as between the parents, mother may maintain proceeding to obtain custody from relatives. 32 H. 731.
Review of child custody order. 49 H. 20, 407 P.2d 885; 49 H. 258, 414 P.2d 82.
Award of custody-findings of fact by family court not set aside unless appellate court is left with definite and firm conviction that a mistake has been made. 56 H. 51, 527 P.2d 1275.
Best interest of child is guide in awarding custody; neither parent has any preferred status. 56 H. 51, 527 P.2d 1275; 61 H. 352, 604 P.2d 43.
In award of custody, unless there has been manifest abuse of discretion, decision will not be set aside. 61 H. 352, 604 P.2d 43; 2 H. App. 24, 624 P.2d 1378.
No conflict with chapter 587. 7 H. App. 547, 784 P.2d 873.
Upon termination of grandparents' temporary guardianship of a minor child, a request for physical custody of the child by the child's parents must be granted unless the grandparents allege, in good faith, that both parents are not fit and proper or cannot provide a home that is stable and wholesome. 7 H. App. 575, 786 P.2d 519.
Family court had power to award sole legal and physical custody of child to mother subject to condition that award will automatically terminate prior to mother's plans to move outside of court's jurisdiction. 8 H. App. 139, 794 P.2d 268.
Best interests of child constituted sole consideration in deciding father's request for order transferring physical custody of minor child from maternal grandfather to father, where grandfather's physical custody of child had been made pursuant to valid stipulated custody order. 9 H. App. 16, 819 P.2d 1130.
On issue of whether court's allowance of withdrawal of consent to adoption under §578-2(f) will be for the child's best interest, paragraph (1) and §587-1 do not apply. 85 H. 165 (App.), 938 P.2d 1184.
It is within family court's discretion to order custodial parent to pay all or part of interstate transportation expenses incurred by children when visiting noncustodial parent if order can be complied with without decreasing funds reasonably necessary to support children and custodial parent at relevant standard of living. 87 H. 369 (App.), 956 P.2d 1301.
In paragraph (7), the term "shall", when used with the phrase "in the discretion of the court", signifies that reasonable visitation rights are to be granted subject to the court’s properly exercised discretion. 88 H. 68 (App.), 961 P.2d 1162.
Paragraph (7) does not limit a family court’s discretion to deny rights of visitation only in the instance where a detriment to the best interests of the child has been demonstrated. 88 H. 68 (App.), 961 P.2d 1162.
Under paragraph (7), it is within family court’s discretion to evaluate the effect of awarding visitation rights to grandparents on the visitation rights of a non-custodial parent. 88 H. 68 (App.), 961 P.2d 1162.
Paragraph (9) presumption that it would be detrimental to the child and not in the best interest of the child to be placed in custody with the perpetrator of family violence may be rebutted by the introduction of any evidence which would support a finding of the presumption’s nonexistence. 88 H. 200 (App.), 965 P.2d 133.
The term "family violence" in paragraph (9) (1993) does not extend to the type of physical discipline of a child by his or her parent that is expressly permitted in §703-309(1); the limits on the use of physical force as a disciplinary measure in §703-309(1) adequately served to guide the family court’s application of paragraph (9) (1993) in determining the best interests of the child when awarding custody or visitation. 88 H. 200 (App.), 965 P.2d 133.