Honorable Robert Bunda

President of the Senate

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 entitled:

begs leave to report as follows:

The purpose of this measure is to create a rebuttable presumption in favor of shared parenting in all custody determinations, and to require a parenting plan to be developed and filed with the court when joint custody is awarded.

Testimony in support of this measure was received from the Children's Rights Council and five individuals. Testimony in opposition to this measure was submitted by the Domestic Violence Clearinghouse, Hawaii State Coalition against Domestic Violence and the Legal Aid Society. Comments on this measure were received from the Judiciary.

This measure creates a rebuttable presumption, affecting the burden of proof, that joint custody is in the best interests of the minor child. A rebuttable presumption is an assumption that is made in the law that will stand as a fact unless someone comes forward to contest it and prove otherwise. Three organizations expressed concern over the rebuttable presumption of joint custody in cases of domestic violence and other forms of abuse; however, your Committee believes that the rebuttable presumption would address this concern in that as soon as allegations are substantiated, the presumption would be triggered.

Your Committee finds that children recover faster from a parent's divorce or separation when there is less emotional trauma associated with the process, and that co-parenting arrangements reduce a child's post-separation distress as well as minimize feelings of alienation and anger. Moreover, parents who do not experience prolonged litigation in their divorce and separation are able to regain financial and emotional security for their families. Thus, your Committee believes that a rebuttable presumption of joint parenting is in the best interests of a child.

Your Committee adopted the amendments suggested by the Children's Rights Coalition to recognize a parenting plan that shall conform to national standards and require a judge to issue a written opinion in cases when joint custody is not awarded.

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, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 556, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.