HRS 0577-0007 ANNOTATIONS

Where parents voluntarily parted and later seek recovery of their child, the reasonable wishes of the child will have controlling influence. 6 H. 386. Parents are legal, proper and sole custodians of their children until right forfeited. 26 H. 433. In deciding question between divorced parents as to custody of child, paramount consideration is welfare of child, technical rights not controlling. 26 H. 465; 27 H. 742; 29 H. 85. See 32 H. 731. Duty to support and right to service under §577-3 reciprocal and correlative. 27 H. 671; 32 H. 608. Court has jurisdiction in equity to award support to child in child's action against parent. 49 H. 200, 412 P.2d 638 (decided before family court established by chapter 571). Obligation enforceable in equitable action by child against parent. 49 H. 200, 209, 412 P.2d 638.

Wrongful death action of death of child, services, recovery. 37 H. 571.

The "physical harm" encompassed in the definition of family violence in §571-2 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 subsection (a). 88 H. 200 (App.), 965 P.2d 133.

Applied in allocating to the mother damages for child's loss of support. 245 F. Supp. 981, 1014, aff'd 381 F.2d 965.

Duty imposed on parents by section to provide for support of their children includes reasonably necessary and available medical services. 73 H. 236, 831 P.2d 924.

Cited: 45 H. 69, 72, 361 P.2d 1054.