Requires the family court to issue findings of fact and conclusions of law when a request for an award of joint legal custody is not granted.

A BILL FOR AN ACT

SECTION 1. During the 2004 legislative session, the senate adopted Senate Resolution 40, which authorized the senate committee on human services to convene interim hearings on the Hawaii family court. Specifically, the hearings were designed to explore ways to make the family court more accessible and family oriented. Among other things, they focused on exploring ways to reduce needless expenditures of time and money in counterproductive litigation relating to child custody determinations.

Research shows that children recover faster from a parent's divorce or separation when there is less emotional trauma associated with the process. Moreover, parents who do not experience prolonged litigation in their divorce and separation are able to regain financial and emotional security for their families and themselves more quickly.

Act 232, Session Laws of Hawaii 1965, which established the family court system, directed the court to liberally construe the family court statutes so as to promote, not hinder, familial relationships. An award of joint legal custody in divorce and child custody proceedings can preserve the familial relationship between a child and each parent, in situations where both parents are fit, loving, sincere, safe parents who have a psychological bond with their child and who desire to continue meaningful contact in their child's life. A mutually cooperative joint custody arrangement between parents should be the preferred parenting plan.

With respect to the issue of joint custody, Act 244, Session Laws of Hawaii 2005, requires parents to create and file parenting plans with the court in all cases involving contested custody of children. Parenting plans help the parties focus on the needs of their children at the beginning of the custody dispute, provide templates with a wider range of custody and visitation solutions that the parents may agree on, giving the parents more control, flexibility and creativity over their custody and visitation arrangements, and minimizing unnecessary adversarial litigation and the associated negative effects – all of which are helpful in reducing a children's post-separation distress and feelings of alienation, fear or anger.

Act 244 also provides that in awarding custody of a minor child, the family court may consider the importance of frequent, continuing, and meaningful contact of each parent with the child, unless the court finds that a parent is unable to act in the best interest of the child.

The purpose of this Act is to require the family court to articulate the standards by which it determined that the best interests of the child required an award of sole legal custody, in all proceedings in which joint custody was requested but not granted.

SECTION 2. Section 571-46.1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Upon the application of either parent, joint custody may be awarded in the discretion of the court[.]; provided that the court shall issue findings of fact and conclusions of law in all cases in which joint legal custody is not determined to be in the best interests of the child. For the purpose of assisting the court in making a determination whether an award of joint custody is appropriate, the court shall, upon the request of either party, direct that an investigation be conducted pursuant to the provisions of section 571-46(4)."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.