STAND. COM. REP. NO. 1809

Honolulu, Hawaii

RE:    S.C.R. No. 12

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.C.R. No. 12, S.D. 1, entitled:

"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,"

begs leave to report as follows:

     The purpose of this Concurrent Resolution is to request the Legislative Reference Bureau to study joint and shared physical and legal custody presumptions in other states.

     The Legislative Reference Bureau submitted comments on the measure.

     Your Committee finds that the Senate and House Committees on Human Services convened interim hearings on the use of legal interventions available to the Hawaii family court.  The task force established during these hearings was unable to resolve all issues and concerns discussed.  One of several unresolved issues is whether other states apply the rebuttable presumption that in a divorce proceeding, both parents should equally share in the parenting and thus have joint or shared physical and legal custody of a child.

     Your Committee further finds that a study regarding these presumptions would clarify for the task force whether to recommend statutory enactment of such a presumption.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 12, S.D. 1, and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

ROSALYN H. BAKER, Chair