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THE SENATE |
S.C.R. NO. |
12 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO STUDY JOINT OR SHARED PHYSICAL AND LEGAL CUSTODY PRESUMPTIONS IN FAMILY LAW AS ENACTED AND APPLIED BY OTHER JURISDICTIONS.
WHEREAS, in the 2006 Regular Session, the Legislature adopted Senate Concurrent Resolution No. 52 authorizing the Committees on Human Services of the Senate and House of Representatives to convene interim hearings on the Hawaii Family Court; and
WHEREAS, the interim hearings were designed as a way to make the Hawaii Family Court more accessible and family friendly; and
WHEREAS, the interim hearings focused on, among other things, important issues relating to the best interest of the child and custody; and
WHEREAS, during the course of these interim hearings, a task force was established along with working groups, that submitted their findings and recommendations to the larger task force; and
WHEREAS, while some of the working groups' recommendations were adopted by the task force and have received legislative attention, due to time constraints, there were other issues the task force was unable to explore fully; and
WHEREAS, one issue the task force was unable to fully explore is the joint or shared physical and legal custody presumption where, in a divorce proceeding, there is a rebuttable presumption that parents should equally share in the parenting of the child; and
WHEREAS, being unable to fully explore and discuss joint or shared physical and legal custody presumptions, the task force members are interested in examining how other states address the issue before making a determination as to whether such a presumption would be appropriate in Hawaii; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the House of Representatives concurring, that the Legislative Reference Bureau is requested to conduct a study on joint or shared physical and legal custody presumptions in family law as enacted and applied by other jurisdictions; and
BE IT FURTHER RESOLVED that the Legislature requests that the study include:
(1) A review and comparison of other states' statutes relating to joint or shared physical and legal custody presumptions;
(2) A review of studies conducted, if any, on the impact the use of joint or shared physical and legal custody presumptions has on children in both contested and non-contested cases; and
(3) A review of current Hawaii case law on the use of presumptions and the applicable standards of proof; and
BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to report its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2008; and
BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Acting Director of the Legislative Reference Bureau.
Joint Custody Presumption in Family Court; LRB Study