Report Title:
Family Court; Shared Parenting
Description:
Requires the submission of a parenting plan at the outset of every action involving a child custody dispute. Allows the court to order parties to participate in alternative dispute resolution or professional counseling if they cannot agree on a parenting plan, unless there is a finding of family violence. (SB556 HD2)
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THE SENATE |
S.B. NO. |
556 |
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TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
relating to family court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:
"§571- 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 communications;
(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."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2050.