HRS 0571-0002 ANNOTATIONS

Rules of Court

Additional definitions, see HFCR rule 121.

Case Notes

Where defendant, a non-custodial parent, was acting within the defendant's court-prescribed unsupervised visitation time, defendant retained, as a "residual parental right", within the meaning of this section, the authority to discipline defendant's child with respect to that child's conduct during the visitation period; thus, defendant was a "parent" for purposes of §703-309(1). 90 H. 85, 976 P.2d 399.

The "physical harm" encompassed in the definition of family violence in this section would not preclude a parent's right to use force to discipline a child as permitted by §703-309(1), and duty to discipline a child under §577-7(a). 88 H. 200 (App.), 965 P.2d 133.

 

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