THE SENATE

S.B. NO.

130

THIRTY-SECOND LEGISLATURE, 2023

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 583A-105, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§583A-105[]]  International application of chapter.  (a)  A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying parts I and II.

     (b)  Except as otherwise provided in subsection (c)[,] or (d), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under part III.

     (c)  A court of this State need not apply this chapter if the child-custody law of a foreign country violates fundamental principles of human rights.

     (d)  A court of the State need not apply this chapter if the child-custody law of a foreign country holds that apostasy, a sincerely held religious belief or practice, or homosexuality are punishable by death, and a parent or child demonstrates risk of being subject to the law.  For the purposes of this subsection, "apostasy" means the abandonment or renunciation of a religious or political belief."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on March 22, 2075.

 

 

Report Title:

Uniform Child-Custody Jurisdiction and Enforcement Act; Foreign Court; Family Court; Apostasy; Religion; Homosexuality; Capital Punishment; Application

 

Description:

Allows state courts discretion to not enforce a child-custody determination of a foreign country if the child-custody law of the foreign country imposes capital punishment for apostasy, religious or political beliefs, or homosexuality, and a parent or child demonstrates risk of being subject to the law.  Defines "apostasy".  Takes effect 03/22/2075.  (SD1)

 

 

 

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