STAND. COM. REP. NO. 1070

Honolulu, Hawaii

, 2025

RE: H.B. No. 1283

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1283, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FAMILY,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Establish an exemption from mediation in paternity proceedings where there are allegations of domestic abuse; and

(2) Clarify the exemption from mediation in divorce proceedings as it relates to domestic abuse.

Your Committee received testimony in support of this measure from the Judiciary; Hawai‘i State Coalition Against Domestic Violence; Hawai‘i Children's Action Network Speaks!; and two individuals.

Your Committee finds that in contested paternity and divorce proceedings where allegations of domestic abuse are present, the requirement for mediation can place victims in unsafe and emotionally harmful situations. The existing mediation process may force parties who have experienced domestic abuse to engage with their abuser in a setting that is not conducive to their safety or well-being. This measure seeks to address these concerns by exempting parties alleging domestic abuse from mandatory mediation, ensuring that any mediation is conducted under conditions that prioritize the safety of the victim.

Your Committee has amended this measure by:

(1) Clarifying provisions related to the circumstances when a mediator is authorized to engage in mediation in paternity proceedings where there are allegations of domestic abuse; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1283, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1283, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair