STAND. COM. REP. NO. 1245
Honolulu, Hawaii
, 2005
RE: S.B. No. 556
S.D. 2
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Human Services, to which was referred S.B. No. 556, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO FAMILY COURT,"
begs leave to report as follows:
The purpose of this bill is to promote shared parenting in custody determinations, when it is in the best interests of the child, by:
(1) Requiring that a parenting plan be developed when custody of children is contested;
(2) Requiring the court to order divorcing parties who cannot agree on a parenting plan to participate in alternative dispute resolution or counseling;
(3) Ensuring that custody determinations be awarded in a manner that ensures contact with both parents whenever possible;
(4) Allowing the court to appoint a custody evaluator or investigator, in addition to a guardian ad litem, to represent the interests of the child; and
(5) Requiring the guardian ad litem, custody evaluator, or investigator to notify the court if the child expresses a preference to remain with one parent.
The Hawaii Psychological Association, Children's Rights Council – Hawaii Chapter, Children's Rights Council, and several concerned individuals testified in support of this bill. The Domestic Violence Clearinghouse and Hotline provided testimony in tentative support of this measure. Several individuals supported this bill with amendments. The Legal Aid Society of Hawaii, Hawaii State Coalition Against Domestic Violence, and a concerned individual provided comments.
Your Committee recognizes the importance of both parents taking an active role in the lives of their children in situations where the parents are divorced or separated, as long as it is in the best interests of the child. Shared parenting would ease pressure on minor children to choose one parent over the other in an already high-stress situation, and would also relieve parents of the burden of having to relinquish legal and physical custody of their child.
Your Committee notes that there have been many ongoing concerns over the past several years with the Family Court system, and encourages the courts to focus on protecting and supporting families, and most importantly on the best interests of the children involved in Family Court proceedings.
Your Committee further recognizes that there are situations where domestic violence is involved, and all parties need to be cognizant of the fact that the focus should be on the best interests of the child, and not the needs of adults. Mandating counseling, particularly if domestic violence is involved, is of concern to many testifiers.
Accordingly, your Committee has amended this bill by:
(1) Inserting provisions that the parenting plan may also include provisions for other means of communication, right of first refusal procedures, expense-sharing, and methods for changing or enforcing the parenting plan;
(2) Removing the requirement that the court order divorcing parties to participate in alternative dispute resolution or counseling;
(3) Requiring the court to develop and file a detailed parenting plan when the divorcing parties are unable to mutually develop and agree upon a parenting plan and allowing the court to revise and amend the parenting plan;
(4) Requiring the court to make written findings for every order issued that relates to disputed child custody, including those applying to or rebutting any statutory presumptions;
(5) Making the following revisions to the court's considerations in awarding custody to one or both parents:
(A) Replacing "developmentally appropriate" contact with "meaningful" contact;
(B) Replacing "direct physical or significant emotional harm" that a parent may suffer from the other parent with the consideration of which parent is more likely to allow the child frequent, continuing, and meaningful contact with the other parent, or capable of encouraging or accepting a relationship between the child and the other parent; and
(C) Deleting the "normal breastfeeding routine" consideration and making it an item in the parenting plan;
(6) Requiring the guardian ad litem, custody evaluator, or investigator to notify the court of a child's preference regarding a parenting plan, rather than preference to remain with one parent;
(7) Creating a rebuttable presumption that joint custody is in the best interests of the minor child, where either parent or a party seeks joint custody in an annulment, divorce, or separation action; and
(8) Making other technical, nonsubstantive amendments for clarity and style.
As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 556, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 556, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Human Services,
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____________________________ ALEX M. SONSON, Chair |