Haw. Rev. Stat. § 577-29 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-29
Mental health services relating to minors; diagnosis, counseling, and related activities.
Status: in_force

(a) Notwithstanding any other law to the contrary, a minor who is fourteen years of age or older may consent to mental health treatment or counseling services provided by a licensed mental health professional or mental health professional if, in the opinion of the licensed mental health professional, the minor is mature enough to participate intelligently in the mental health treatment or counseling services without parental or legal guardian consent, knowledge, or participation; provided that the consent of the minor's parent or legal guardian shall be required to prescribe medication to the minor or to place the minor into an out-of-home or residential treatment program.

(b) The mental health treatment or counseling services provided to a minor as authorized by this section shall include involvement of the minor's parent or legal guardian, unless the licensed mental health professional or mental health professional and licensed mental health professional, after consulting with the minor, determines that the involvement would be inappropriate. The mental health professional shall ensure that the covered entity has been notified that minor-initiated mental health treatment or counseling services should not be disclosed.

(c) A covered entity shall have policies and procedures established to maintain nondisclosure of the minor-initiated mental health treatment or counseling services to the parent or legal guardian in accordance with federal regulations, including [title] 45 Code of Federal Regulations section 164, subpart E. The mental health professional shall be entitled to submit a claim to the covered entity for the provision of minor-initiated treatment or counseling services to the minor pursuant to this section, but shall not bill for out-of-pocket payments, copayments, coinsurance, or deductibles.

(d) A minor may not abrogate consent provided by a parent or legal guardian on the minor's behalf. A parent or legal guardian may not abrogate consent given by the minor on the minor's own behalf.

(e) If a minor consents to receive mental health treatment or counseling services pursuant to this section, the minor shall not be liable for payment.

(f) The minor's parent or legal guardian shall not be liable for payment for mental health treatment or counseling services provided pursuant to this section unless the parent or guardian participates in the mental health treatment or counseling services, and then only for services rendered with the participation of the parent or guardian.

(g) Pursuant to this section, upon notification from the mental health professional that minor-initiated mental health treatment or counseling services should not be disclosed, a covered entity shall not disclose to the minor's parent or legal guardian who is a policyholder or other covered person, any billing information, including payments made by the covered entity for minor-initiated mental health treatment or counseling services.

(h) For the purposes of this section:

"Covered entity" has the same meaning as in title 45 Code of Federal Regulations section 160.103.

"Licensed mental health professional" means a person who provides counseling as part of the following professions:

(1) A licensed mental health counselor licensed pursuant to chapter 453D;

(2) A licensed marriage and family therapist licensed pursuant to chapter 451J;

(3) A licensed clinical social worker licensed pursuant to chapter 467E;

(4) A licensed psychologist licensed pursuant to chapter 465;

(5) A physician licensed pursuant to chapter 453, who is board certified, or board eligible, in psychiatry; or

(6) An advanced practice registered nurse licensed pursuant to chapter 457 who holds an accredited national certification in an advanced practice registered nurse psychiatric specialization.

"Mental health professional" means a person who is working under the supervision of a licensed mental health professional and:

(1) Is enrolled in an accredited training program; or

(2) Has completed all licensing requirements except the hours of supervised post-degree experience or examination required for state licensure as a licensed mental health counselor pursuant to chapter 453D; licensed marriage and family therapist pursuant to chapter 451J; licensed clinical social worker pursuant to chapter 467E; licensed psychologist pursuant to chapter 465; or advanced practice registered nurse licensed pursuant to chapter 457.

"Mental health treatment or counseling services" means the provision of outpatient mental health treatment or counseling by a licensed mental health professional or mental health professional. [L 2016, c 181, §1; am L 2017, c 88, §9; am L 2020, c 37, §2]
Haw. Rev. Stat. § 580-45 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-45
Decree.
Status: in_force

If after a full hearing, the court is of opinion that a divorce ought to be granted from the bonds of matrimony a decree shall be signed, filed and entered, which shall take effect from and after such time as may be fixed by the court in the decree. The court, in its discretion, may waive a hearing on an uncontested divorce complaint and admit proof by affidavit. In case of a decree dissolving the bonds of matrimony, such time so fixed shall not be more than one month from and after the date of the decree.
Haw. Rev. Stat. § 576B-204 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-204
Simultaneous proceedings.
Status: in_force

(a) A tribunal of this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:

(1) The petition or comparable pleading in this State is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;

(2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and

(3) If relevant, this State is the home state of the child.

(b) A tribunal of this State may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:

(1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this State for filing a responsive pleading challenging the exercise of jurisdiction by this State;

(2) The contesting party timely challenges the exercise of jurisdiction in this State; and

(3) If relevant, the other state or foreign country is the home state of the child. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 572D-10 — HI Code / Division 3 / Title 31 / Chapter 572D / Section 572D-10
Prior agreements.
Status: in_force

All written agreements entered into prior to July 1, 1987, between prospective spouses for the purpose of affecting any of the provisions of this chapter shall be valid and enforceable if otherwise valid as contracts.

Revision Note

"July 1, 1987" and "chapter" substituted for "the enactment of this Act" and "Act".
Haw. Rev. Stat. § 576B-707 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-707
Contest of registered Convention support order.
Status: in_force

(a) Except as otherwise provided in this article, sections 576B-605 through 576B-608 apply to a contest of a registered Convention support order.

(b) A party contesting a registered Convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest shall be filed not later than sixty days after notice of the registration.

(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b), the order is enforceable.

(d) A contest of a registered Convention support order may be based only on grounds set forth in section 576B-708. The contesting party bears the burden of proof.

(e) In a contest of a registered Convention support order, a tribunal of this State:

(1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

(2) May not review the merits of the order.

(f) A tribunal of this State deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.

(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances. [L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 576B-603 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-603
Effect of registration for enforcement.
Status: in_force

(a) A support order or income withholding order issued in another state or a foreign support order is registered when the order is filed in the family court of this State.

(b) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this State.

(c) Except as otherwise provided in this chapter, a tribunal of this State shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 576B-607 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-607
Contest of registration or enforcement.
Status: in_force

(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1) The issuing tribunal lacked personal jurisdiction over the contesting party;

(2) The order was obtained by fraud;

(3) The order has been vacated, suspended, or modified by a later order;

(4) The issuing tribunal has stayed the order pending appeal;

(5) There is a defense under the law of this State to the remedy sought;

(6) Full or partial payment has been made;

(7) The statute of limitation under section 576B-604 precludes enforcement of some or all of the alleged arrearages; or

(8) The alleged controlling order is not the controlling order.

(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this State.

(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 572-28 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-28
Suits by and against.
Status: in_force

A married person may sue and be sued in the same manner as if the person were sole. This section shall be construed to authorize tort suits between spouses.
Haw. Rev. Stat. § 580-9 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-9
Temporary support, etc.
Status: in_force

After the filing of a complaint for divorce or separation the court may make such orders relative to the personal liberty and support of either spouse pending the complaint as the court may deem fair and reasonable and may enforce the orders by summary process. The court may also compel either spouse to advance reasonable amounts for the compensation of witnesses and other expenses of the trial, including attorney's fees, to be incurred by the other spouse and may from time to time amend and revise the orders.
Haw. Rev. Stat. § 571-51.5 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-51.5
Modification of support and visitation decrees.
Status: in_force

(a) The special court trustee may assist any parent, guardian, or custodian materially affected by a court order or decree with the modification of any provision of the order or decree pertaining to support payments or with the enforcement of visitation rights; provided the special court trustee may assist in modifying support payments only upon finding, after investigation, reasonable cause to believe that the relative financial condition between the obligor and the person who receives the child support payments has substantially changed. For purposes of this section, such a substantial change has occurred if:

(1) The obligor has involuntarily suffered a material reduction in financial resources; or

(2) The person who receives child support payments has enjoyed a material increase in financial resources.

(b) The special court trustee may conduct an investigation for the purposes of subsection (a) where a person notifies the special court trustee that the relative financial condition between the obligor and the person who receives the child support payments has substantially changed.

(c) The special court trustee may utilize the services of public or private social agencies in conducting investigations under this section and in making the written findings to the court. Such written findings shall be received in evidence under the same conditions as would those of the special court trustee.

(d) The special court trustee shall submit findings and recommendations pertaining to the modification of support payments or enforcement of visitation rights in writing to the court after investigation under subsection (b). The special court trustee shall provide copies of the findings and recommendations to all persons materially affected by the proposed modification or enforcement. Any person materially affected by the proposed modification or enforcement who opposes the findings and recommendations shall file a written objection with the court or the clerk of the court no later than fifteen days after receipt of the findings and recommendations.

(e) When warranted, the court shall hold a hearing on the recommendations of the special court trustee no later than thirty days after the expiration of the fifteen-day period under subsection (d).

(f) Whenever the court, in accordance with this section, approves in full or in part the recommendations of the special court trustee, the court, within a period of not more than ten days after the hearing, shall modify the decree or order to reflect the approved recommendations.

(g) Court costs, service fees, and the expenses of any investigation conducted by the special court trustee, in the discretion of the court, may be assessed wholly or partially against any parent, guardian, or custodian.

(h) Nothing in this section shall be construed to the effect that child support and visitation compliance be conditioned upon each other. Each shall be treated as an independent right of the child as well as of a parent. [L 1986, c 332, §27; am L 1989, c 261, §18]
Haw. Rev. Stat. § 583A-315 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-315
Role of attorney general and of prosecuting attorneys.
Status: in_force

(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the attorney general or the county prosecuting attorney, as appropriate, may take any lawful action, including resort to a proceeding under this part or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child-custody determination if there is:

(1) An existing child-custody determination;

(2) A request to do so from a court in a pending child-custody proceeding;

(3) A reasonable belief that a criminal statute has been violated; or

(4) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.

(b) The attorney general or county prosecuting attorney, as appropriate, acting under this section acts on behalf of the court and shall not represent any party. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 571-12 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-12
Transfer from other courts.
Status: in_force

If, during the pendency of a criminal charge against a minor in another court, it is ascertained that the minor was less than eighteen years old when such minor allegedly committed the offense, such other court shall forthwith transfer the case to the family court, together with all the papers, documents, and any available transcripts of testimony connected with it. The court making the transfer shall order that the minor be taken forthwith to the place of detention designated by the family court or to that court itself, or shall release the minor to the custody of the minor's parent or guardian or other person legally responsible for the minor, to be brought before the family court at a time designated by it. The family court shall then proceed as provided in this chapter.
Haw. Rev. Stat. § 572C-6 — HI Code / Division 3 / Title 31 / Chapter 572C / Section 572C-6
Rights and obligations.
Status: in_force

Upon the issuance of a certificate of reciprocal beneficiary relationship, the parties named in the certificate shall be entitled to those rights and obligations provided by the law to reciprocal beneficiaries. Unless otherwise expressly provided by law, reciprocal beneficiaries shall not have the same rights and obligations under the law that are conferred through marriage under chapter 572.
Haw. Rev. Stat. § 571-57 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-57
Penalty.
Status: in_force

The penalty for the offense of making a false statement under "penalty of perjury" shall be the same as would apply if the false statement had been made under oath or affirmation required or authorized by law.
Haw. Rev. Stat. § 571-31.5 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-31.5
Informal adjustment, status offenders.
Status: in_force

(a) When a child reasonably believed to come within section 571-11(2) is referred to the court or other designated agency, informal adjustment shall be provided to the child by an intake officer duly authorized by the family court only where the facts reasonably appear to establish prima facie jurisdiction and are admitted and where a consent is obtained from the child's parent, guardian, or legal custodian, and the child, if of sufficient age and understanding. Informal adjustment under this section may include, among other suitable methods, programs, and procedures, listed in section 571-31.4(c), except section 571‑31.4(c)(1), and provided that placement with shelter facilities under section 571-31.4(c)(9) shall be on a nonsecure basis unless the child is processed under subsection (b).

(b) In the event resources and services for informal adjustment are not available, have failed, are reasonably believed to fail if attempted, or are unable to respond to the needs of the child or family, the intake officer shall proceed with formal action, or take such action as is otherwise allowed under this chapter. [L 1980, c 303, pt of §5(3); am L 1988, c 294, §6; am L 2014, c 201, §11]
Haw. Rev. Stat. § 580-22 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-22
Nonage.
Status: in_force

An action to annul a marriage on the ground that one of the parties was under legal age, may be brought by the parent or guardian entitled to the custody of the minor, or by any person admitted by the court to prosecute as the friend of the minor. In no case shall the marriage be annulled on the application of a party who was of legal age at the time it was contracted; nor when it appears that the parties, after they attained the legal age, had for any time freely cohabited as a married couple. [CC 1859, §1314; am L 1903, c 22, §2; RL 1925, §2956; RL 1935, §4451; RL 1945, §12202; RL 1955, §324-2; HRS §580-22; am L 1973, c 211, §5(j); am L 2023, c 160, §8]
Haw. Rev. Stat. § 572-26 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-26
May be personal representative, guardian, trustee, or other fiduciary.
Status: in_force

A married person may be a personal representative, guardian, trustee, custodian, or other fiduciary and may bind the person's self and the estate the person represents without any act or assent on the part of the person's spouse.
Haw. Rev. Stat. § 577-23 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-23
Parent et al.
Status: in_force

responsibility, penalty. Any parent, guardian, or other person having the care, custody, or control of an unmarried minor, who knowingly permits such minor to violate section 577-22, shall be fined not more than $50 or imprisoned not more than thirty days.
Haw. Rev. Stat. § 583A-207 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-207
Inconvenient forum.
Status: in_force

(a) A court of this State which has jurisdiction under this chapter to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the motion of a party, the court's own motion, or request of another court.

(b) Before determining whether it is an inconvenient forum, a court of this State shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(2) The length of time the child has resided outside this State;

(3) The distance between the court in this State and the court in the state that would assume jurisdiction;

(4) The relative financial circumstances of the parties;

(5) Any agreement of the parties as to which state should assume jurisdiction;

(6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence;

(8) The familiarity of the court of each state with the facts and issues in the pending litigation; and

(9) The physical and psychological health of the parties.

(c) If a court of this State determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d) A court of this State may decline to exercise its jurisdiction under this chapter if a child-custody determination is incidental to an action for divorce or another proceeding, while still retaining jurisdiction over the divorce or other proceeding. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 587A-19 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-19
Testimony by department social worker.
Status: in_force

A person employed by the department as a social worker in the area of child protective services or child welfare services shall be presumed to be qualified to testify as an expert on child protective or child welfare services. Any party may move the court to qualify a person employed by the department as a social worker in the area of child protective services or child welfare services called to testify as an expert on child protective or child welfare services.
Haw. Rev. Stat. § 577-28 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-28
Affidavit of caregiver consent for minor's health care.
Status: in_force

(a) Except for children placed under the custody of the department of human services, pursuant to proceedings under chapter 587A, a caregiver who possesses and presents a notarized affidavit of caregiver consent for a minor's health care under subsection (b) may consent on behalf of a minor to primary and preventive medical and dental care and diagnostic testing, and other medically necessary health care and treatment. Examination and treatment shall be prescribed by or under the supervision of a physician, advanced practice nurse, dentist, or mental health professional licensed to practice in the State.

(b) An affidavit of caregiver consent for a minor's health care shall include the following:

(1) The caregiver's name and current home address;

(2) The caregiver's birthdate;

(3) The number of the caregiver's Hawaii driver's license or state identification card;

(4) The relationship of the caregiver to the minor;

(5) The minor's name;

(6) The minor's birthdate;

(7) The length of time the minor has resided with the caregiver;

(8) The caregiver's signature under oath affirming the truth of the matter asserted in the affidavit;

(9) The signature of the minor's parent, guardian, or legal custodian consenting to the caregiver's authority over the minor's health care; provided that the signature of the minor's parent, guardian, or legal custodian shall not be necessary if the affidavit states that the caregiver has been unable to obtain the signature of the minor's parent, guardian, or legal custodian, and includes a statement by the caregiver documenting the attempts to obtain the signature of the minor's parent, guardian, or legal custodian; and

(10) A statement, as follows:

"General Notices:

This declaration does not affect the rights of the minor's parent, guardian, or legal custodian regarding the care, custody, and control of the minor, other than with respect to health care, and does not give the caregiver legal custody of the minor.

The minor's parent or legal custodian may at any time rescind this affidavit of caregiver consent for a minor's health care by providing written notification of the rescission to the appropriate health care professional.

A person who relies in good faith on this affidavit of caregiver consent for a minor's health care has no obligation to conduct any further inquiry or investigation and shall not be subject to civil or criminal liability or to professional disciplinary action because of that reliance."

(c) The affidavit of caregiver consent for a minor's health care shall be superseded by written notification from the minor's parent, guardian, or legal custodian to the health care professionals providing services to the minor that the affidavit has been rescinded.

(d) Any person who relies in good faith on the affidavit of caregiver consent for a minor's health care shall:

(1) Have no obligation to conduct any further inquiry or investigation; and

(2) Not be subject to civil or criminal liability or to professional disciplinary action because of such reliance.

(e) The consent authorized by this section shall not be applicable for purposes of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).

(f) The caregiver consent for a minor's health care is a separate document and shall serve a purpose distinct from the affidavit for caregiver consent under section 302A-482.

(g) As used in this section, "caregiver" means any person who is at least eighteen years of age and:

(1) Is related by blood, marriage, or adoption to the minor, including a person who is entitled to an award of custody pursuant to section 571-46(a)(2) but who is not the legal custodian or guardian of the minor; or

(2) Has resided with the minor continuously during the immediately preceding period of six months or more. [L 2005, c 208, §1; am L 2008, c 114, §4; am L 2010, c 135, §7; am L 2019, c 111, §41]
Haw. Rev. Stat. § 572-24 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-24
Spousal liabilities.
Status: in_force

Both spouses of a marriage, whether married in this State or in some other jurisdiction, and residing in this, shall be bound to maintain, provide for, and support one another during marriage, and shall be liable for all debts contracted by one another for necessaries for themselves, one another, or their family during marriage; provided that when a support or maintenance obligation, however designated, is imposed upon a spouse under chapter 580 or any other law, the amount of such obligation shall be determined by the appropriate court on the basis of factors enumerated in section 580-47(a).
Haw. Rev. Stat. § 576E-2 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-2
Attorney general; powers.
Status: in_force

Notwithstanding any other law to the contrary, the attorney general, through the agency and the office, shall have concurrent jurisdiction with the court in all proceedings in which a support obligation is established, modified, or enforced, including but not limited to proceedings under chapters 571, 576B, 580, and 584A. The attorney general, through the agency and the office, may establish, modify, suspend, terminate, and enforce child support obligations and collect or enforce spousal support using the administrative process provided in this chapter on all cases for which the department has a responsibility under Title IV-D of the Social Security Act, including but not limited to welfare and nonwelfare cases in which the responsible parent is subject to the department's jurisdiction, regardless of the residence of the children for whom support is sought. These powers shall include but not be limited to the power to:

(1) Conduct investigations into the ability of parties to pay support and into nonpayment of support;

(2) Administer oaths, issue subpoenas, and require production of books, accounts, documents, and evidence;

(3) Establish, modify, suspend, terminate, or enforce a child support order and to collect or enforce a spousal support order in conjunction with a child support order;

(4) Determine that a party has not complied with a court or administrative order of support and make recommendations to the court or other agency with respect to contempt or other appropriate proceedings;

(5) Establish arrearage;

(6) Establish an order for child support for periods that public assistance was provided to the child or children by the department of human services;

(7) Order and enforce assignment of future income under chapter 571, section 576D-14, and section 576E-16;

(8) Exercise the powers and authority described in this section, notwithstanding the existence of a prior court or administrative order of support issued by another state or foreign jurisdiction, except as modified or limited by this chapter;

(9) Determine that an obligor owes past-due support with respect to a child receiving assistance under a state program funded under Title IV-A of the Social Security Act, including Aid to Families with Dependent Children and Temporary Assistance to Needy Families and petition the court to issue an order that requires the obligor to pay such support in accordance with a plan approved by the court or, if the obligor is subject to a plan and is not incapacitated, participate in work activities, as defined in title 42 United States Code 607(d), as the court deems appropriate;

(10) Order genetic testing pursuant to chapter 584A for the purpose of establishing parentage, with payment of costs to be made by the agency, subject to recoupment by the State from a parent, if appropriate, if parentage is established, and to also order additional testing in any case if an original test result is contested, upon request and advance payment by the contestant;

(11) Exercise the powers and authority described in this section, notwithstanding the existence of a prior court or administrative order of support issued by another state or foreign jurisdiction, except as modified or limited by this chapter and chapter 576B; and

(12) Delegate the powers and authority described in this section to hearings officers and employees of the agency. [L 1988, c 154, pt of §2; am L 1989, c 61, §2; am L 1990, c 176, §9; am L 1993, c 251, §3; am L 1994, c 105, §3; am L 1997, c 293, §33 and c 295, §4; am L 1998, c 11, §29 and c 83, §8; am L 2002, c 72, §9; am L 2025, c 298, §21]
Haw. Rev. Stat. § 576D-11.5 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-11.5
Criminal history record checks.
Status: in_force

(a) The agency shall develop procedures for obtaining verifiable information regarding the criminal history of any person, including any contractor, who is employed, seeking employment with, or provides or seeks to provide services to the agency if this person will require access to federal tax information. These procedures shall include criminal history record checks in accordance with section 846-2.7.

Information obtained pursuant to this subsection shall be used exclusively by the agency for the purpose of determining whether a person is suitable for accessing federal tax information. All decisions shall be subject to applicable federal laws and regulations currently or hereafter in effect.

(b) The agency may terminate or deny employment to any employee or applicant, or terminate or refuse to secure the services of any contractor, if the agency finds by reason of the background investigation conducted under subsection (a) that the employee, applicant, or employee or agent of the contractor poses a risk to the security of federal tax information. Termination or denial of employment, or termination or refusal to secure the services of any contractor under this subsection shall only occur after appropriate notification to the employee, applicant, or employee or agent of the contractor of the findings of the background investigation, and after the employee, applicant, or employee or agent of the contractor is given an opportunity to respond to the findings. Nothing in this subsection shall abrogate any applicable appeal rights under chapters 76 and 89, or administrative rules of the agency.

(c) The agency shall be exempt from section 831-3.1 and need not conduct investigations, notifications, or hearings under this section in accordance with chapter 91. [L 2017, c 132, §5]
Haw. Rev. Stat. § 583A-309 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-309
Service of petition and order.
Status: in_force

Except as otherwise provided in section 583A-311, the petition and order must be served, by any method authorized by the law of this State, upon respondent and any person who has physical custody of the child.
Haw. Rev. Stat. § 576B-313 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-313
Costs and fees.
Status: in_force

(a) The petitioner may not be required to pay a filing fee or other costs.

(b) If an obligee prevails, a responding tribunal of this State may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.

(c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Article 6, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 577A-4 — HI Code / Division 3 / Title 31 / Chapter 577A / Section 577A-4
Financial responsibility; counseling.
Status: in_force

(a) If a minor consents to receive medical care and services, the spouse, parent, custodian, or guardian of the minor patient shall not be liable for the legal obligations resulting from the furnishing of medical care and services provided by the public or private hospital, public or private clinic, or licensed health care provider. A minor who consents to the provision of medical care and services under section 577A-2 shall assume financial responsibility for the costs of the medical care and services. Any other law to the contrary notwithstanding, no spouse, parent, custodian, or guardian whose consent has not been obtained or who has no prior knowledge that the minor has consented to the provision of the medical care and services shall be liable for the costs incurred by virtue of the minor's consent.

(b) Medical care and services shall include individual counseling for each minor patient by a licensed health care provider. The counseling shall seek to open the lines of communication between parent and child.

(c) A covered entity shall establish policies and procedures to ensure that minor-initiated medical care and services provided under section 577A-2 are not disclosed to the minor's spouse, parent, custodian, or guardian in accordance with federal regulations, including title 45 Code of Federal Regulations part 164, subpart E. The licensed health care provider may submit a claim to the covered entity for payment for the costs of minor-initiated medical care and services to the minor provided pursuant to section 577A-2.

(d) If a claim for medical care or services obtained under this chapter is submitted to a covered entity under which a minor is enrolled, and the minor does not want the covered entity to disclose information regarding the claim to a spouse, parent, custodian, or guardian, the minor or licensed health care provider shall so notify the covered entity when the claim is submitted; provided that the licensed health care provider who provided the medical care and services to the minor may notify the covered entity on behalf of the minor. The covered entity may require that the request for confidential communication be made in writing and contain a statement that disclosure of all or part of the information to which the request pertains could harm the minor. The covered entity may accommodate requests by the minor or licensed health care provider to receive communications related to the medical care and services by alternative means or at alternative locations. [L 1975, c 171, §1(2); am L 1979, c 230, pt of §1; am L 2017, c 88, §12; am L 2024, c 91, §4]
Haw. Rev. Stat. § 580-16 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-16
Divorce decree, support order; social security number.
Status: in_force

The social security number of any individual who is party to a divorce decree or subject to a support order issued under this chapter shall be placed in the records relating to the matter.
Haw. Rev. Stat. § 576B-303 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-303
Application of law of State.
Status: in_force

Except as otherwise provided in this chapter, a responding tribunal of this State shall:

(1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this State and may exercise all powers and provide all remedies available in those proceedings; and

(2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this State. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 571-87 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-87
Appointment of counsel and guardian ad litem; compensation.
Status: in_force

(a) When it appears to a judge that a person requesting the appointment of counsel satisfies the requirements of chapter 802 for determination of indigency, or the court in its discretion appoints counsel under chapters [587A] and 346, part X, or that a person requires appointment of a guardian ad litem, the judge shall appoint counsel or a guardian ad litem to represent the person at all stages of the proceedings, including appeal, if any. Appointed counsel and the guardian ad litem shall receive reasonable compensation for necessary expenses, including travel, the amount of which shall be determined by the court, and reasonable fees pursuant to subsections (b) and (c). All of these expenses and fees shall be certified by the court and paid upon vouchers approved by the judiciary and warrants drawn by the comptroller.

(b) The court shall determine the amount of reasonable compensation paid to appointed counsel and guardians ad litem, based on the following rates:

(1) $150 an hour for in-court or out-of-court services provided by an attorney licensed to practice law in the State; and

(2) $122 an hour for all services provided by a person who is not an attorney licensed to practice law in the State, whether performed in-court or out-of-court.

(c) The maximum allowable fee shall not exceed the following schedule:

(1) Cases arising under chapters 346, part X, and 587A:

(A). Predisposition . . . . . . . . . $5,500; and

(B). Postdisposition review hearing . $2,000; and

(2) Cases arising under chapters 560, 571, 580, and 584A . . . . . . . . . . . . .. . . . . . . . . $5,500.

Payments in excess of any maximum provided for under paragraphs (1) and (2) may be made whenever the court in which the representation was rendered certifies, based upon representations of extraordinary circumstances, attested to by the applicant, that the amount of the excess payment is necessary to provide fair compensation in light of those circumstances, and the payment is approved by the administrative judge of that court.

(d) Nothing in this section shall preclude the judiciary from contracting for court-appointed counsel and guardian ad litem services pursuant to chapter 103D and based on contract amounts guided by the rates in subsection (b). [L 1987, c 376, §1; am L 1989, c 381, §4; am L 1990, c 234, §8; am L 2007, c 218, §1; am L 2008, c 201, §1; am L 2025, c 230, §1 and c 298, §16]
Haw. Rev. Stat. § 572D-3 — HI Code / Division 3 / Title 31 / Chapter 572D / Section 572D-3
Content.
Status: in_force

(a) Parties to a premarital agreement may contract with respect to:

(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;

(4) The modification or elimination of spousal support;

(5) The making of a will, trust, or other arrangement to carry out the provisions of the agreement;

(6) The ownership rights in and disposition of the death benefit from a life insurance policy;

(7) The choice of law governing the construction of the agreement; and

(8) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(b) The right of a child to support may not be adversely affected by a premarital agreement. [L 1987, c 321, pt of §1]
Haw. Rev. Stat. § 576E-1 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Administrative order" means the order resulting from an administrative adjudication by a hearings officer or the attorney general, through the agency, of the final disposition of a matter before the agency.

"Agency" means the child support enforcement agency established by section 576D-2.

"Arrearage" means past due child support under an existing court or administrative order.

"Child support" means payment for the necessary support and maintenance of a child as required by law that includes but is not limited to spousal support when being enforced in conjunction with child support or medical support when a court or administrative order requires the debtor parent to pay an amount in lieu of providing medical insurance coverage or to reimburse for maternity and delivery expenses incurred when the debtor parent's child was born.

"Compliance with an order of support" means that an obligor:

(1) Is not delinquent in payments in an amount equal to or greater than the sum of payments which would become due for child support, for a three-month period with regard to driver's and recreational licenses and for a six-month period with regard to professional and vocational licenses;

(2) Is not delinquent in making periodic payments on a support arrearage pursuant to a written agreement with the child support enforcement agency under section 576D-13(d); or

(3) Has obtained or maintained health insurance coverage as required by a child support order.

"Court" means the family courts of this State and, when the context requires, a court or agency of any other state having jurisdiction to establish, modify, and enforce support obligations.

"Custodial parent" means a parent, guardian, or other person having physical custody of the child.

"Department" means the department of the attorney general.

"Dependent child" means any person to whom a duty of support is owed.

"Duty of support" means any duty of support imposed or imposable by law, or by any court order, decree, or judgment, whether interlocutory or final or whether incidental to a proceeding for divorce, judicial separation, separate maintenance, or otherwise, and includes the duty to pay arrearages of support past due and unpaid.

"Employee" means any person working for another for hire, including but not limited to, an individual employed in domestic service or at a family's or person's home or any individual employed by the individual's parent or spouse, or independent contractors.

"Employer" means any person who uses or engages the services of any person in exchange for the payment of wages or other means of exchange, including the United States government, the State, and any political subdivision thereof, and anyone who is or shall become obligated for payment of income.

"Hearings officer" means a public official appointed and commissioned pursuant to section 576E-10.

"License" means any license, certification, registration, or permit issued by a licensing authority for recreational purposes, or to conduct a trade or business, including a license to practice a profession or vocation, or a license to operate any motor vehicle, boat, airplane, or helicopter.

"Licensing authority" means any unit of the State or county government, including agencies, departments, boards, commissions, or authorities, or any other entity within the State or county authorized by statute to grant or deny licenses.

"Obligee" means any person to whom payments are required to be made under the terms of a court or administrative order for child support, or child support and spousal support.

"Obligor" means a responsible parent obligated by court or administrative order to pay child support.

"Office" means the office of child support hearings established pursuant to section 576E-10.

"Order of support" means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, which provides for monetary support, health care, arrearages, or reimbursement, and which may include related costs and fees, interest and penalties, income withholding, attorney's fees, and other relief. An order of support may include spousal support when ordered to be paid in conjunction with the support and maintenance of a child; provided that the spousal support provision in an order of support shall only be enforced by the agency when the support and maintenance of a child is being enforced. An order of support may also include medical support when the debtor parent is ordered to pay an amount in lieu of providing medical insurance coverage or to reimburse for maternity and delivery expenses incurred when the debtor parent's child was born.

"Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, including but not limited to the custodial parent and the responsible parent.

"Public assistance" means any cash paid or medical assistance provided by the department of human services to or for the benefit of any dependent child, including amounts paid to or on behalf of the child's custodian.

"Responsible parent" means any person who does not have physical custody of the child and who has a legal duty of support.

"Spousal support" means a legally enforceable obligation assessed against an individual for the support of a spouse or a former spouse who is living with a child or children for whom the individual also owes support.

"Support order" means an obligation determined by a court or duly authorized administrative agency, for the maintenance of a dependent child, which is owed to or on behalf of the child, or to the parent or custodian with whom the child is living.

"Uniform statewide procedures" means a written set of instructions prepared by the agency which describe step by step actions to be taken by agency personnel in the performance of duties under this chapter. [L 1988, c 154, pt of §2; am L 1990, c 176, §8; am L 1993, c 251, §§1, 2; am L 1994, c 105, §§1, 2; am L 1997, c 293, §32; am L 1998, c 83, §7 and c 153, §8; am L 2002, c 72, §8 and c 84, §6; am L 2003, c 3, §21]
Haw. Rev. Stat. § 583A-112 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-112
Cooperation between courts; preservation of records.
Status: in_force

(a) A court of this State may request the appropriate court of another state to:

(1) Hold an evidentiary hearing;

(2) Order a person to produce or give evidence pursuant to procedures of that state;

(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;

(4) Forward to the court of this State a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and

(5) Order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

(b) Upon request of a court of another state, a court of this State may hold a hearing or enter an order described in subsection (a).

(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this State.

(d) A court of this State shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child-custody proceeding until the child attains eighteen years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 571-41.2 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-41.2
Extradition of minors from Hawaii.
Status: in_force

Any person who violates, or is alleged to have violated, any law of another state defining a crime and is at the time of the offense under the age of eighteen years, and who thereafter flees from that state and is found in this State may be proceeded against in the manner provided for in chapter 832. The circuit judge shall, for the purpose of detention, hold a hearing to determine whether the juvenile should be detained at the juvenile detention home or detention facility or in any other appropriate setting.
Haw. Rev. Stat. § 577-2 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-2
Minority of veteran or of the veteran's spouse, no bar when.
Status: in_force

The disability of minority of any person who is otherwise eligible for guaranty or insurance of a loan pursuant to the Servicemen's Readjustment Act of 1944 (P.L. 346, 78th Cong.), as amended, or as the same may be amended or supplemented, and of the minor spouse of any eligible veteran in connection with any transaction entered into pursuant to such act, is hereby removed, for all purposes in connection with such transaction including, but not limited to, incurring of indebtedness or obligations and acquiring, encumbering, selling, releasing, or conveying property, or any interest therein, and litigating or settling controversies arising therefrom, if all or part of any obligations incident to such transaction is guaranteed or insured by the Administrator of Veterans Affairs pursuant to such act; provided that this section shall not be construed to impose any other or greater rights or liabilities than would exist if such person and such spouse were under no such disability.
Haw. Rev. Stat. § 576B-205 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-205
Continuing, exclusive jurisdiction to modify child support order.
Status: in_force

(a) A tribunal of this State that has issued a child support order consistent with the law of this State has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:

(1) At the time of the filing of a request for modification this State is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

(2) Even if this State is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this State may continue to exercise jurisdiction to modify its order.

(b) A tribunal of this State that has issued a child support order consistent with the law of this State may not exercise continuing, exclusive jurisdiction to modify the order if:

(1) All of the parties who are individuals file consent in a record with the tribunal of this State that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or

(2) Its order is not the controlling order.

(c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act that modifies a child support order of a tribunal of this State, tribunals of this State shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

(d) A tribunal of this State that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 580-6 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-6
Guardian ad litem for incompetent defendant.
Status: in_force

In any case where the court has reason to believe that the defendant in a matrimonial action is not fully competent to conduct the defendant's defense or to comprehend the nature of the proceedings, the court may appoint a guardian ad litem to represent the interests of the defendant. The court may assess the reasonable fees and expenses of the guardian ad litem as costs of the action, payable in whole or in part by either or both parties as the circumstances may justify.
Haw. Rev. Stat. § 576D-18 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-18
Investigators; access to information.
Status: in_force

(a) The attorney general shall commission child support enforcement investigators who shall have all powers and authority of a police officer or a deputy sheriff to fulfill their official responsibilities; provided that a person so appointed and commissioned shall not carry firearms.

(b) The duties of the commissioned investigators shall be to locate absent parents for the establishment of paternity, and for obtaining and enforcing orders of support.

(c) The agency and other state agencies administering a program under Title IV-D shall have access, including automated inquiry access, to the records of all entities in the State for information on the employment, compensation, and benefits of any individual member, employee, or contractor of the entity, to accomplish the purposes of the child support program. The entities include but are not limited to for-profit, nonprofit, and labor organizations, and any agency, board, commission, authority, court, or committee of the State or its political subdivisions, notwithstanding any provision for confidentiality. Subject to safeguards on privacy and confidentiality and subject to the nonliability of entities that afford access under this section, the agency and other state agencies administering a program under Title IV-D shall also have access to records held by private entities with respect to individuals who owe or are owed support, or against or with respect to whom a support obligation is sought consisting of:

(1) The names and addresses of individuals and the names and addresses of the employers of those individuals as appearing in customer records of public utilities and cable television companies, pursuant to an administrative subpoena authorized pursuant to section 576E-2; and

(2) Information, including information on assets and liabilities, on the individuals held by financial institutions.

(d) Other state and federal agencies conducting activities under Title IV-D shall have access to any system used by the State to locate an individual for purposes relating to motor vehicles or law enforcement.

(e) Notwithstanding section 338-18, the agency, through the offices of county corporation counsels, county attorneys, or the attorney general, shall have access, including automated inquiry access, to the public health statistics records of the department of health and may make only such use of identifying information in those records as is necessary for purposes consistent with Title IV-D and applicable state laws. The United States Secretary of Health and Human Services or the Secretary's agent, notwithstanding section 338-18, shall also have access, including automated inquiry access, to the public health statistics records of the department of health solely for purposes of funding and oversight under Title IV-D. [L 1997, c 293, pt of §6; am L 1998, c 153, §7; am L 2002, c 84, §5; am L 2004, c 80, §2; am L 2011, c 79, §6]
Haw. Rev. Stat. § 587A-29 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-29
Show cause hearing.
Status: in_force

At any stage of the proceeding, the court may set a show cause hearing at which a child's parents shall have the burden of presenting evidence as to why the case should not be set for a termination of parental rights or legal guardianship hearing.
Haw. Rev. Stat. § 577-24 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-24
Escort's responsibility; penalty.
Status: in_force

Any person who knowingly takes, escorts, or accompanies any unmarried minor to a dance hall which the minor is prohibited from attending by section 577-22, or who invites or encourages the minor to attend such dance hall, shall be fined not more than $100 or imprisoned not more than ninety days.
Haw. Rev. Stat. § 571-96 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-96
Visitation and contact.
Status: in_force

Unless otherwise ordered by the court and consistent with the best interest of the child, including safety considerations in cases involving a finding of domestic violence, any order that anticipates deployment may require that:

(1) The other parent shall make the child reasonably available to the deploying parent when the deploying parent has leave;

(2) The deployed parent shall provide timely information regarding the deployed parent's leave schedule;

(3) Both parents shall facilitate opportunities for telephonic and electronic contact, appropriate for each child, between the deployed parent and the child during deployment; and

(4) Each parent shall provide immediate notification to the other parent of a change of address or contact i nformation, or both. [L 2010, c 177, pt of §2]
Haw. Rev. Stat. § 572D-4 — HI Code / Division 3 / Title 31 / Chapter 572D / Section 572D-4
Effect of marriage.
Status: in_force

A premarital agreement becomes effective upon marriage of the parties to each other.
Haw. Rev. Stat. § 586-10.5 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-10.5
Reports by the department of human services; court responsibilities.
Status: in_force

In cases where there are allegations of child abuse or neglect, as defined in section 350-1, involving a family or household member who is a minor or an incapacitated person as defined in section 560:5-102, the employee or appropriate nonjudicial agency designated by the family court to assist the petitioner shall report the matter to the department of human services, as required under chapters 350 and 587A, and further notify the department of the granting of the temporary restraining order and of the hearing date. The department of human services shall provide the family court with a written report on the disposition of the referral. The court shall file the report and mail it to the petitioner and respondent at least two working days before the hearing date, if possible. If circumstances prevent the mailing of the report as required in this section, the court shall provide copies of the report to the petitioner and respondent at the hearing. The report shall be noted in the order dismissing the petition or granting the restraining order.
Haw. Rev. Stat. § 572B-2 — HI Code / Division 3 / Title 31 / Chapter 572B / Section 572B-2
Eligibility to enter into a civil union.
Status: in_force

A person shall be eligible to enter into a civil union only if the person is:

(1) Not a partner in another civil union or a spouse in a marriage;

(2) At least eighteen years of age; and

(3) Not related to the other proposed partner in the civil union, as provided in section 572B‑3. [L 2011, c 1, pt of §2; am L 2012, c 267, §5]
Haw. Rev. Stat. § 576D-14 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-14
Implementation of income withholding.
Status: in_force

(a) For cases being enforced under the Title IV-D state plan or for those parents applying to the agency for services, the income of an obligor who receives income on a periodic basis and who has a support obligation imposed by a support order issued or modified in the State before January 1, 1994, and issued or modified thereafter, if not otherwise subject to withholding, shall become subject to withholding as provided in subsection (b) if arrearages or delinquency occur, without the need for a judicial or administrative hearing. The income of an obligor shall become subject to withholding without regard to whether there are arrearages or delinquency upon the agency receiving a request for income withholding from the obligee and a determination made by the agency that income withholding is appropriate, or upon the agency receiving a request for income withholding from the obligor. The agency shall implement such withholding without the necessity of any application in the case of a child with respect to whom services are already being provided under Title IV-D and shall implement withholding on the basis of an application for services under Title IV-D in the case of any other child on whose behalf a support order has been issued or modified. In either case, the withholding shall occur without the need for any amendment to the support order involved or for any further action by the court or other entity that issued the order.

(b) If the obligor who receives income on a periodic basis becomes delinquent in making payments under a support order in an amount at least equal to the support payable for one month, the agency shall issue an income withholding order that shall include an amount to be paid towards the delinquency. The income withholding order shall be in the standard format prescribed by Title IV-D of the Social Security Act, as amended by the child support enforcement agency. The order shall be served upon the employer by regular mail, by personal delivery, or by transmission to the employer through electronic means.

(c) Upon the agency's receipt of an income withholding request from any other state or agency administering a program under Title IV-D, the agency may issue an income withholding order to collect the support imposed upon the obligor by a support order issued or modified by the other state. The order shall include an amount adequate to ensure that past due payments and payments that will become due in the future under the terms of the support order will be paid.

(d) A copy of the order shall be filed in the office of the clerk of the circuit court in the circuit where the order was issued.

(e) Upon sending the order of income withholding to the employer, the agency shall send a notice of the withholding by regular mail to each obligor to whom subsections (b) and (c) apply. The notice shall inform the obligor:

(1) That the withholding has commenced;

(2) That the obligor may request a hearing in writing within fourteen days of the date of the notice;

(3) That, unless the obligor files a written request for a hearing within fourteen days of the date of the notice, the money received from the income withholding will be distributed to the custodial parent or, in an interstate case, the obligee in the other jurisdiction, or in the case where the children are receiving public assistance, to the State;

(4) That the only defense to income withholding is a mistake of fact; and

(5) Of the information that was provided to the employer with respect to the employer's duties pursuant to section 576E-16.

(f) The agency may delay the distribution of collections toward arrearages or delinquency until the resolution of any requested hearing regarding the arrearages or delinquency.

(g) Upon timely receipt of a request for a hearing from the obligor pursuant to the notice provided under subsection (e), the agency shall refer the matter to the office and a hearing shall be conducted pursuant to chapters 91 and 576E.

(h) Upon receiving an order of income withholding from the agency, the employer is subject to the requirements of section 576E-16(b) through (h).

(i) In a case being enforced under the Title IV-D state plan or for those parents applying to the agency for services, the agency may enforce the existing order of support by sending to the employer by regular mail, by personal delivery, or by transmission through electronic means, a notice to withhold child support issued by the agency that reflects the terms and conditions specified in the order for support or income withholding order. Upon receiving a notice to withhold child support, the employer is subject to the requirements of section 576E-16(b) to (h).

(j) The agency may terminate income withholding by sending a notice to the employer by regular mail, by personal delivery, or by transmission through electronic means. The notice shall be issued upon determination by the agency that the obligor no longer owes the child support or that the obligation is being satisfied through withholding by another employer.

(k) The agency may adopt rules in accordance with chapter 91 as may be necessary to implement and administer income withholding under this section and sections 571-52, 571-52.2, 571-52.3, and 576E-16. [L 1997, c 293, pt of §6; am L 1998, c 83, §§5, 6; am L 2000, c 194, §5; am L 2001, c 95, §3; am L 2002, c 84, §3; am L 2005, c 26, §3; am L 2006, c 34, §2; am L 2011, c 79, §5]
Haw. Rev. Stat. § 574-1 — HI Code / Division 3 / Title 31 / Chapter 574 / Section 574-1
Married persons; civil union partners.
Status: in_force

Upon marriage or civil union, each of the parties to a marriage or partners in a civil union shall declare the middle and last names each will use as a married person or civil union partner. No person shall be required to change that person's middle or last name upon entering into a marriage or civil union. Parties to a marriage and partners in a civil union shall not be required to have the same middle or last name. Every person may adopt any middle or last name upon entering into a marriage or civil union.
Haw. Rev. Stat. § 577-3.5 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-3.5
Property damage, parental responsibility.
Status: in_force

(a) The parents or legal guardians of a minor child shall be jointly and severally liable for graffiti damage caused by the minor to real or personal property, whether publicly or privately owned. As used in this section, "graffiti" means any unauthorized drawing, inscription, figure, or marking created by paint, ink, chalk, dye, or similar substances.

(b) In addition to any other lawful orders, if a minor is found under chapter 571 to have committed an act constituting graffiti, the court shall:

(1) Require the minor, the parents, or the legal guardians to remove the graffiti from the affected property within sixty days of the order and pay for the cost of paint and materials; or if appropriate, pay for the actual cost of having the damaged property repaired or replaced; and

(2) Order the minor to perform a minimum of eighty hours of community service to remove graffiti from other properties.

(c) Nothing in this section shall affect the right of any person to maintain a civil action arising out of graffiti damage to property. [L 1995, c 227, §1; am L 2007, c 196, §1]
Haw. Rev. Stat. § 586-3 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-3
Order for protection.
Status: in_force

(a) There shall exist an action known as a petition for an order for protection in cases of domestic abuse.

(b) A petition for relief under this chapter may be made by:

(1) Any family or household member on the member's own behalf or on behalf of a family or household member who is a minor or who is an incapacitated person as defined in section 560:5-102 or who is physically unable to go to the appropriate place to complete or file the petition;

(2) Any state agency on behalf of a person who is a minor or who is an incapacitated person as defined in section 560:5-102 or a person who is physically unable to go to the appropriate place to complete or file the petition on behalf of that person;

(3) Any minor sixteen years of age or older on their own behalf without the consent of a parent or legal guardian; or

(4) Any minor deemed emancipated pursuant to section 577-25.

(c) A petition for relief shall be in writing upon forms provided by the court and shall allege, under penalty of perjury, that: a past act or acts of abuse may have occurred; threats of abuse make it probable that acts of abuse may be imminent; or extreme psychological abuse or malicious property damage is imminent; and be accompanied by an affidavit made under oath or a statement made under penalty of perjury stating the specific facts and circumstances from which relief is sought.

(d) The family court shall designate an employee or appropriate nonjudicial agency to assist the person in completing the petition. [L 1982, c 123, pt of §2; am L 1983, c 18, §1; am L 1985, c 136, §1; am L 1987, c 315, §1 and c 359, §1; am L 1997, c 322, §1; am L 2000, c 186, §3; am L 2004, c 161, §31; am L 2023, c 259, §2]
Haw. Rev. Stat. § 576B-604 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-604
Choice of law.
Status: in_force

(a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs:

(1) The nature, extent, amount, and duration of current payments under a registered support order;

(2) The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and

(3) The existence and satisfaction of other obligations under the support order.

(b) In a proceeding for arrears under a registered support order, the statute of limitation of this State, or of the issuing state or foreign country, whichever is longer, applies.

(c) A responding tribunal of this State shall apply the procedures and remedies of this State to enforce current support and collect arrears and interest due on a support order of another state or foreign country registered in this State.

(d) After a tribunal of this State or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this State shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 571-13 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-13
Retention of jurisdiction.
Status: in_force

Except as otherwise provided in this chapter, jurisdiction obtained by the court in the case of a minor may be retained by it, for the purposes of this chapter, after the minor becomes eighteen years of age until the full term for which any order entered shall have expired. Further, in the case of any person who is alleged to have committed an offense under section 571-11 prior to reaching eighteen years of age, the court shall have jurisdiction after the person becomes eighteen for the purpose of holding hearings and/or entering orders of disposition concerning the alleged offenses or for the purpose of making and issuing orders for pre-trial detention of persons aged eighteen years or older to an adult correctional facility, when the person is alleged to have committed an act or acts during the person's minority that would constitute a violation of section 571-11(1). This section shall not be construed, however, to confer any jurisdiction upon the family court over a person for any criminal act committed after the person achieves eighteen years of age.
Haw. Rev. Stat. § 572B-11 — HI Code / Division 3 / Title 31 / Chapter 572B / Section 572B-11
References and inclusions.
Status: in_force

A party to a civil union shall be included in any definition or use of the terms "spouse", "family", "immediate family", "dependent", "next of kin", and other terms that denote the spousal relationship, as those terms are used throughout the laws of the State.
Haw. Rev. Stat. § 587A-25 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-25
Conduct of hearing in child protective proceedings.
Status: in_force

(a) The court shall hear child protective proceedings without a jury at a hearing separate from those for adults.

(b) The general public shall be excluded from child protective proceedings. Only parties found by the court to have a direct interest in the case shall be admitted to the hearing.

(c) The court has discretion to exclude the child from the hearing at any time.

(d) If a party is without counsel or a guardian ad litem, the court shall inform the party of the right to be represented by counsel and the right to appeal. [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 587A-28 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-28
Return hearing.
Status: in_force

(a) When a petition has been filed, the court shall conduct a return hearing within fifteen days of:

(1) The filing of the petition; or

(2) The date a decision is announced by the court during a temporary foster custody hearing.

(b) At the return hearing, if it is established that a party required to be notified has not been served prior to the hearing, the court shall:

(1) Order the method of service of summons that the court deems to be appropriate, based upon the available information; and

(2) Set a continued return hearing and:

(A) May waive the appearance of any party at the continued return hearing; and

(B) If service of summons is ordered to be made by mail or publication, shall set the continued return hearing no less than twenty-one days after the date of service as evidenced by the signature of the recipient on a return receipt or the date of the last publication.

(c) At a continued return hearing, the court shall:

(1) Enter the default of the party who was served but failed to appear at the continued return hearing;

(2) Order the party who was served to appear on the date of the next scheduled hearing in the case; or

(3) Set a hearing on the oral motion to vacate prior orders, if a party appears at the hearing and moves the court to vacate or modify prior orders. The moving party shall file a written motion and serve the other parties with proper written notice of the motion and the hearing date.

(d) At the return hearing, the court shall decide:

(1) Whether the child's physical or psychological health or welfare has been harmed or is subject to threatened harm by the acts or omissions of the child's family;

(2) Whether the child should be placed in foster custody or under family supervision; and

(3) What services should be provided to the child's parents.

(e) If the court finds that the child's physical or psychological health or welfare has been harmed or is subject to threatened harm by the acts or omissions of the child's family, the court:

(1) Shall enter a finding that the court has jurisdiction pursuant to section 587A-5;

(2) Shall enter a finding regarding whether, before the child was placed in foster care, the department made reasonable efforts to prevent or eliminate the need to remove the child from the child's family home;

(3) Shall enter orders:

(A) That the child be placed in foster custody if the court finds that the child's remaining in the family home is contrary to the welfare of the child and the child's parents are not willing and able to provide a safe family home for the child, even with the assistance of a service plan; or

(B) That the child be placed in family supervision if the court finds that the child's parents are willing and able to provide the child with a safe family home with the assistance of a service plan;

(4) Shall determine whether aggravated circumstances are present.

(A) If aggravated circumstances are present, the court shall:

(i) Conduct a permanency hearing within thirty days, and the department shall not be required to provide the child's parents with an interim service plan or interim visitation; and

(ii) Order the department to file, within sixty days after the court's finding that aggravated circumstances are present, a motion to terminate parental rights unless the department has documented in the safe family home factors or other written report submitted to the court a compelling reason why it is not in the best interest of the child to file a motion.

(B) If aggravated circumstances are not present or there is a compelling reason why it is not in the best interest of the child to file a motion to terminate parental rights, the court shall order that the department make reasonable efforts to reunify the child with the child's parents and order an appropriate service plan;

(5) Shall order reasonable supervised or unsupervised visits for the child and the child's family, including with the child's siblings, unless such visits are determined to be unsafe or detrimental to, and not in the best interests of, the child;

(6) Shall order each of the child's birth parents to complete the medical information forms and release the medical information required under section 578-14.5, to the department. If the child's birth parents refuse to complete the forms or to release the information, the court may order the release of the information over the parents' objections;

(7) Shall determine whether each party understands that unless the family is willing and able to provide the child with a safe family home, even with the assistance of a service plan, within the reasonable period of time specified in the service plan, their respective parental and custodial duties and rights shall be subject to termination;

(8) Shall determine the child's date of entry into foster care as defined in this chapter;

(9) Shall set a periodic review hearing to be conducted no later than six months after the date of entry into foster care and a permanency hearing to be held no later than twelve months after the date of entry into foster care;

(10) Shall set a status conference, as the court deems appropriate, to be conducted no later than ninety days after the return hearing; and

(11) May order that:

(A) Any party participate in, complete, be liable for, and make every good faith effort to arrange payment for such services or treatment as are authorized by law and that are determined to be in the child's best interests;

(B) The child be examined by a physician, surgeon, psychiatrist, or psychologist; and

(C) The child receive treatment, including hospitalization or placement in other suitable facilities, as is determined to be in the child's best interests.

(f) If the court finds that the child's physical or psychological health or welfare has not been harmed or subjected to threatened harm by the acts or omissions of the child's family, the court shall enter an order to dismiss the petition and shall state the grounds for dismissal.

(g) Nothing in this section shall prevent the court from setting a termination of parental rights hearing at any time the court deems appropriate. [L 2010, c 135, pt of §1; am L 2011, c 51, §4]
Haw. Rev. Stat. § 572-3 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-3
Contracted without the State.
Status: in_force

Marriages between two individuals regardless of gender and legal where contracted shall be held legal in the courts of this State. [CC 1859, §1290; RL 1925, §2945; RL 1935, §4632; RL 1945, §12353; RL 1955, §323-3; HRS §572-3; am L 1994, c 217, §4; am L Sp 2013 2d, c 1, §4]
Haw. Rev. Stat. § 578-14 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-14
Record of adoption.
Status: in_force

(a) A certified copy of the decree of adoption, or a certified abstract thereof on a form approved by the department of health, after the decree has become effective, shall be sent to the department. The department shall cause to be made a new record of the birth in the name of the individual, as fixed or changed by the decree, with the names of the adoptive parents and, upon request of both adoptive parents, or the sole adoptive parent if there is only one, that the name or names of either or both of the natural parents appear on the certificate, with the name of a natural parent who consents to be named on the certificate.

(b) If a new birth certificate is issued, the original birth certificate shall be sealed and filed with the decree or the abstract thereof, and the sealed package shall be opened only as provided in section 578-15(b).

(c) If the birth of the individual occurred outside of the State and a record of birth exists, the certified copy of the decree or the abstract thereof, shall be transmitted by the department of health to the birth registration authorities of the place of the individual's birth with a request that those authorities take appropriate action with respect to the record of the individual's birth. If the birth of the individual occurred outside of the State, or if the birth of an individual born in the State has not been registered with the department of health, or if other good cause exists, the clerk of the court, upon request, and with the approval of the family court, upon the finding of the court that the action is for the best interests of the individual involved, shall furnish to the adoptive parents, or to the individual, or to any proper person acting in their behalf, a certified copy or abstract of the decree of adoption or a certificate of adoption in a form approved by the court. If the parental rights of a parent or the parents of a minor child have been judicially terminated under chapter 571 prior to the entry of the decree, a certified copy of the decree shall be filed in the termination proceeding. [L 1945, c 40, pt of §2; am L 1947, c 47, §3; am L 1949, c 328, §1; am L 1953, c 115, pt of §1; RL 1955, §331-14; am L Sp 1959 2d, c 1, §19; HRS §578-14; am L 1973, c 211, §3(l); am L 1976, c 194, §1(8); am L 1980, c 153, §7; am L 1990, c 338, §4]
Haw. Rev. Stat. § 587D-7 — HI Code / Division 3 / Title 31 / Chapter 587D / Section 587D-7
Status of child.
Status: in_force

For purposes of proceedings under this chapter and adoption proceedings, a newborn child left at a hospital, fire station, or police station, or with emergency services personnel under section 587D‑2 shall be considered an abandoned child. [L Sp 2007, c 7, pt of §2]
Haw. Rev. Stat. § 576E-10 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-10
Hearings officers.
Status: in_force

(a) The attorney general shall establish the office of child support hearings, and shall appoint and commission, without regard to chapter 76, such hearings officers as may be necessary to carry out the purposes of this chapter.

(b) Hearings officers shall exercise all of the powers granted to the attorney general under this chapter, but shall not be considered deputy attorneys general and shall not exercise the powers or discharge the duties conferred upon the attorney general or the attorney general's deputies by chapter 28.

(c) In exercising the powers conferred upon the attorney general in section 576E-2, the hearings officers shall have the authority to conduct hearings and enter the following orders:

(1) Child support orders which have the effect of modifying, suspending, terminating, or enforcing the child support provisions of orders of the family courts;

(2) Child support orders establishing, modifying, suspending, terminating, or enforcing child support obligations;

(3) Orders enforcing the collection of spousal support when child support is being established, modified, or enforced;

(4) Income withholding orders pursuant to section 576E-16;

(5) Automatic income assignment orders pursuant to sections 571-52.2 and 576D-14;

(6) Interstate income withholding orders pursuant to chapter 576B;

(7) State income tax refund setoff orders pursuant to section 231-54;

(8) Orders determining whether Aid to Families with Dependent Children pass through payments were properly distributed;

(9) Orders determining whether a party should be required to post bond in order to secure payment of past due support pursuant to section 576D-6;

(10) Medical insurance coverage orders;

(11) Orders suspending or denying the granting, the renewal, the reinstatement, or the restoration of licenses or applications of an obligor or individual for noncompliance with an order of support or failure to comply with a subpoena or warrant relating to a paternity or child support proceeding, and authorizations allowing the reinstatement of suspended licenses or consideration of license applications pursuant to section 576D-13;

(12) Orders concerning whether a responsible parent's child support obligation should be reported to consumer credit reporting agencies pursuant to chapter 576D; and

(13) Orders in other child support areas as authorized by the attorney general.

(d) Hearings officers shall have further authority to:

(1) Accept voluntary acknowledgments of paternity, support liability, and stipulated agreements setting the amount of child support to be paid after application of the guidelines established under section 576D-7;

(2) Receive testimony and evidence from parties to the hearing and to establish a record;

(3) Evaluate testimony and other evidence received at hearings and make specific findings of fact and conclusions of law after contested hearings and when otherwise required by law;

(4) Issue subpoenas;

(5) Compel production of documents and witnesses;

(6) Dismiss a case upon a finding of good cause;

(7) Hold prehearing conferences;

(8) Examine judgment debtors;

(9) Refer contempt proceedings to the appropriate court.

(e) Hearings officers shall be entitled to immunity from liability while acting in their official capacity. [L 1988, c 154, pt of §2; am L 1989, c 61, §3; am L 1990, c 176, §16; am L 1993, c 251, §5; am L 1994, c 105, §11; am L 1997, c 293, §35; am L 1998, c 11, §30 and c 83, §9; am L 1999, c 300, §4; am L 2000, c 253, §150; am L 2002, c 31, §2]
Haw. Rev. Stat. § 580-10.5 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-10.5
Automatic restraining order.
Status: in_force

(a) Notwithstanding section 580-10, each party to a complaint for annulment, divorce, or separation shall automatically be subject to a restraining order that shall be effective with regard to the plaintiff upon the filing of the complaint and with regard to the defendant upon service of the summons and complaint or any other acceptance of service by the defendant. The restraining order shall specify that:

(1) Neither party shall sell, transfer, encumber, conceal, assign, remove, or in any way dispose of any property, real or personal, belonging to or acquired by either party, except as:

(A) Required for reasonable expenses of living;

(B) Occurring in the ordinary and usual course of business;

(C) Required for payment of reasonable attorney's fees and costs in connection with the action;

(D) Occurring pursuant to a written agreement of both parties; or

(E) Required by order of the court;

(2) Neither party shall incur any further debts that would burden the credit of the other party, including but not limited to further borrowing against any credit line secured by the marital residence or unreasonably using credit cards or cash advances against credit or bank cards; provided that this paragraph shall not apply to reasonable amounts of debt necessary for living and business expenses, including child educational expenses and reasonable litigation fees and costs for the pending action;

(3) Neither party shall directly or indirectly change the beneficiary of any life insurance policy, pension or retirement plan, or pension or retirement investment account, except with the written consent of the other party or by order of the court;

(4) Neither party shall directly or indirectly cause the other party or a minor child to be removed from coverage under an existing insurance policy, including medical, dental, life, automobile, and disability insurance. The parties shall maintain all insurance coverage in full force and effect; and

(5) Neither party shall remove a minor child of the parties from the island of that child's current residence nor remove a minor child of the parties from the school that child is currently attending.

(b) After service of the complaint for annulment, divorce, or separation, the defendant may file a motion to set aside or modify the restraining order and may choose to file the motion without submitting to the jurisdiction of the court. The court shall proceed to hear and determine the motion as expeditiously as possible.

(c) It is a defense to any enforcement action under this section that an act of domestic abuse as defined in section 586‑1 has occurred.

(d) Any sanction for any violation of this section shall remain within the discretion of the court, which shall take into account any instance of domestic abuse and the best interests of the child for violations of subsection (a)(5).

(e) The restraining order shall remain in effect during the pendency of the action, unless it is modified by agreement of the parties or by further order of the court.

(f) The provisions of the restraining order shall be issued by the family court and a copy thereof shall be served with every complaint to which it applies. If service is by publication, the public notice shall include a statement that a restraining order has been issued by the court. The provisions of the restraining order need not be reprinted in the public notice.

(g) The restraining order shall be vacated upon the entry of an annulment, divorce, or separation decree.

(h) An automatic restraining order shall not be imposed under this section if a written order was previously imposed under this chapter for a similar purpose. [L 2018, c 213, §2]
Haw. Rev. Stat. § 577A-1 — HI Code / Division 3 / Title 31 / Chapter 577A / Section 577A-1
Definitions.
Status: in_force

For the purpose of this chapter, the following terms shall be defined as follows:

"Covered entity" has the same meaning as in title 45 Code of Federal Regulations section 160.103.

"Family planning services" includes counseling and medical care designed to facilitate family planning.

"Licensed health care provider" means a physician or an osteopathic physician licensed under chapter 453, a physician assistant licensed under chapter 453, or an advanced practice registered nurse licensed under chapter 457.

"Medical care and services" means the diagnosis, examination, and administration of medication in the prevention or treatment of sexually transmitted infections, pregnancy, and family planning services.

"Minor" means any person from the age of fourteen years to seventeen years inclusive.

"Sexually transmitted infection" means an infection that is commonly transmitted through sexual contact. "Sexually transmitted infection" includes human immunodeficiency virus infection. [L 1968, c 58, §3; am L 1972, c 2, §35; am L 1978, c 109, §1; am L 1979, c 105, §57 and c 230, pt of §1; am L 2023, c 2, §14; am L 2024, c 91, §1]
Haw. Rev. Stat. § 576D-11 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-11
Staff.
Status: in_force

The attorney general shall appoint, without regard to chapter 76:

(1) An administrator;

(2) An assistant administrator who shall serve as controller and whose duties shall include but not be limited to designing and implementing controls over all financial management systems, including electronic data processing systems, and developing an appropriate staffing plan;

(3) An assistant administrator who shall serve as the policy administrator and whose duties shall include but not be limited to developing and implementing comprehensive policy and planning documents to guide operations to successful outcomes, including federal performance reporting and interstate activities; and

(4) A staff attorney to serve as the supervisor of the administrative process activities and staff.

In addition, the attorney general shall appoint, pursuant to chapter 76, other personnel as may be required to discharge the functions of the child support enforcement agency. The staff attorney shall not be considered to be a deputy attorney general under chapter 28. [L 1986, c 332, pt of §2; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 1992, c 246, §3; am L 1994, c 24, §3; am L 1995, c 137, §3; am L 1997, c 293, §30; am L 2002, c 253, §150; am L 2008, c 178, §2]
Haw. Rev. Stat. § 580-7 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-7
Examination of parties to prevent collusion.
Status: in_force

Upon the hearing of any complaint for a divorce or separation, the court may examine either or both of the parties, upon oath, in order to prevent collusion. [CC 1859, §1341; am L 1903, c 22, §2; RL 1925, §2992; RL 1935, §4489; RL 1945, §12241; RL 1955, §324-66; HRS §580-7; am L 1973, c 211, §5(c)]
Haw. Rev. Stat. § 571-31.3 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-31.3
Voluntary assistance.
Status: in_force

A child or the child's parent, guardian, or legal custodian may voluntarily apply to the court or other designated agency to obtain appropriate services, including family conciliation and counseling, regarding issues or problems involving the child which are not being successfully resolved within the family. Upon such application, the court or other designated agency shall render appropriate services to the child and the family or assist in securing such services from other appropriate agencies.
Haw. Rev. Stat. § 572-23 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-23
Not liable for spousal debts.
Status: in_force

A married person is not liable for the debts of a spouse; nor is a married person's property liable to be taken on execution or other process against that person's spouse.
Haw. Rev. Stat. § 571-56 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-56
Offense.
Status: in_force

A person who makes a false statement which the person does not believe to be true commits an offense whether the false statement is made under an oath required or authorized by law or under "penalty of perjury" as authorized by section 571-55.
Haw. Rev. Stat. § 587A-36 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-36
Appeal.
Status: in_force

An interested party aggrieved by any order or decree of the court under this chapter may appeal as provided in section 571-54.
Haw. Rev. Stat. § 578-9 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-9
Custody of minor child after decree and before adoption.
Status: in_force

The decree may provide that, during the period, if any, between the entry thereof and the effective date of adoption, the care, custody, and control of a minor child be given to the petitioner or petitioners, who, in such event, shall be liable during such period for the care, maintenance, and support of the minor child and for its torts in the same manner as legal parents, and may further provide for the supervision and visitation of the minor child by the director of human services or the director's agent during such period and for such reports in connection therewith as the court may require. [RL 1945, pt of §12276; am L 1945, c 40, pt of §1; am L 1953, c 115, pt of §1; RL 1955, §331-9; am L Sp 1959 2d, c 1, §20; HRS §578-9; am L 1973, c 211, §3(g); am L 1976, c 194, §1(4); gen ch 1985; am L 1987, c 339, §4]
Haw. Rev. Stat. § 580-24 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-24
Allowance for spouse and family.
Status: in_force

Every person who is deceived into contracting an illegal marriage with a person having another spouse living, under the belief that the person was unmarried, may be entitled to a just allowance for the support of the deceived spouse and family out of the property of the deceiving spouse, which the deceived spouse may obtain at any time after action commenced upon application to the family court having jurisdiction. In addition to the allowance, the court may also compel the defendant to advance reasonable amounts for the compensation of witnesses and other reasonable expenses of trial to be incurred by the plaintiff. [CC 1859, §1316; am L 1903, c 22, §3; am L 1919, c 43, §1; RL 1925, §2958; RL 1935, §4453; RL 1945, §12204; RL 1955, §324-4; am L 1966, c 22, §6; HRS §580-24; am L 1973, c 211, §5(k); am L 1974, c 65, pt of §2; am L 2023, c 160, §10]
Haw. Rev. Stat. § 587A-21 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-21
Admissibility of evidence; testimony by a child.
Status: in_force

(a) Any statement relating to an allegation of imminent harm, harm, or threatened harm that a child has made to any person shall be admissible as evidence.

(b) For orders for protective custody or in temporary foster custody hearings, in deciding whether there is reasonable cause to believe that a child is subject to imminent harm, the court may consider relevant hearsay evidence when direct testimony is unavailable or when it is impractical to subpoena witnesses who will be able to testify to facts based on personal knowledge.

(c) A child's recorded statement shall be admissible in evidence in any proceeding under this chapter; provided that:

(1) The statement is recorded on film, audiotape, or videotape, or by other reliable electronic means;

(2) The recording equipment used is capable of producing an accurate recording, was operated by a competent person, and the recording is accurate and has not been altered; and

(3) Every person on the recording is identified.

(d) A child may be directed by the court to testify under circumstances deemed by the court to be in the best interests of the child and the furtherance of justice. These circumstances may include an on-the-record interview of the child in chambers, with only those parties present during the interview as the court deems to be in the best interests of the child. [L 2010, c 135, pt of §1; am L 2024, c 144, §5]
Haw. Rev. Stat. § 583A-206 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-206
Simultaneous proceedings.
Status: in_force

(a) Except as otherwise provided in section 583A-204, a court of this State shall not exercise its jurisdiction under this part if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this State is a more convenient forum under section 583A-207.

(b) Except as otherwise provided in section 583A-204, a court of this State, before hearing a child-custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to section 583A-209. If the court determines that a child-custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this State shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this State is a more appropriate forum, the court of this State shall dismiss the proceeding.

(c) In a proceeding to modify a child-custody determination, a court of this State shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child-custody determination has been commenced in another state, the court may:

(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;

(2) Enjoin the parties from continuing with the proceeding for enforcement; or

(3) Proceed with the modification under conditions it considers appropriate. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 576B-304 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-304
Duties of initiating tribunal.
Status: in_force

(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this State shall forward the petition and its accompanying documents:

(1) To the responding tribunal or appropriate support enforcement agency in the responding state; or

(2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

(b) If requested by the responding tribunal, a tribunal of this State shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this State shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]

Revision Note

Subsection (a) designation added pursuant to §23G-15(1).
Haw. Rev. Stat. § 571-46.6 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-46.6
[ §571-46.
Status: in_force

[ §571-46.6] Criteria and procedure in awarding custody and visitation; disability. The court shall not consider the disability of a person seeking custody or visitation of a minor to be the sole factor in the court's determination made pursuant to this part. If the court makes a determination to deny custody or visitation to a person who is disabled, the court shall make specific written findings stating the basis for this determination. The party attempting to demonstrate that the disability of a person seeking custody or visitation impairs the person's ability to parent must prove that the disability is a factor, and demonstrate a clear nexus between the disability and the alleged parental deficiency.
Haw. Rev. Stat. § 578-4 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-4
Notice to resident nonconsenting legal parent whose rights have not been terminated.
Status: in_force

If a legal parent to whom notice must be given as aforesaid is within the State, a summons issuing under the seal of the court and containing a notification as to the time and place of hearing, shall be served by the sheriff or the sheriff's deputy, any police officer, or any person authorized by court rule, upon such parent by the delivery to the parent of a certified copy thereof, and of the petition for adoption; or in case the parent cannot be found, by leaving copies of the summons and petition with some agent or person transacting the business of the parent, or by leaving such copies at the parent's last known place of residence. When service is made pursuant to this section, the time appointed for the hearing of the petition shall be not less than ten days subsequent to the date of service as herein provided.
Haw. Rev. Stat. § 587A-8 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-8
Protective custody by police officer.
Status: in_force

(a) A police officer shall assume protective custody of a child:

(1) With the consent of the child's family;

(2) Upon order of the court; or

(3) Without the consent of the child's family and without a court order if, in the discretion of the police officer, the officer determines that exigent circumstances are present .

(b) The department shall assume temporary foster custody of the child when a police officer has completed the transfer of protective custody of the child to the department as follows:

(1) A police officer who assumes protective custody of a child shall complete transfer of protective custody to the department by presenting physical custody of the child to the department; or

(2) If the child is or will be admitted to a hospital or similar institution, the police officer shall immediately complete the transfer of protective custody to the department by notifying the department and receiving an acknowledgment from the hospital or similar institution that it has been informed that the child is under the temporary foster custody of the department. [L 2010, c 135, pt of §1; am L 2024, c 144, §2]
Haw. Rev. Stat. § 588-5 — HI Code / Division 3 / Title 31 / Chapter 588 / Section 588-5
Admissibility of evidence.
Status: in_force

Any evidence gathered at the center shall be gathered in such manner so as to be admissible as evidence at a judicial proceeding.
Haw. Rev. Stat. § 576B-211 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-211
Continuing, exclusive jurisdiction to modify spousal support order.
Status: in_force

(a) A tribunal of this State issuing a spousal support order consistent with the law of this State has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.

(b) A tribunal of this State may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.

(c) A tribunal of this State that has continuing, exclusive jurisdiction over a spousal support order may serve as:

(1) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this State; or

(2) A responding tribunal to enforce or modify its own spousal support order. [L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 576B-902 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-902
Transitional provision.
Status: in_force

This chapter applies to proceedings begun on or after the effective date of this chapter to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
Haw. Rev. Stat. § 580-11 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-11
Care, custody, education, and maintenance of children pendente lite.
Status: in_force

During the pendency of any action for divorce or separation the court may make such orders concerning the care, custody, education, and maintenance of the minor children of the parties to the action as law and justice may require and may enforce the orders by summary process. The court may revise and amend the orders from time to time.
Haw. Rev. Stat. § 580-15 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-15
County attorneys to represent court.
Status: in_force

The county attorneys of Maui and Kauai and the corporation counsels of the city and county of Honolulu and the county of Hawaii, within their respective counties, shall, when and to the extent authorized by their respective county governing bodies and upon request of the family court, represent the court in any contempt proceeding for the enforcement of any order or decree for support of a spouse or child support or both, except that fees may be charged as provided for by chapter 576D.
Haw. Rev. Stat. § 571-46.5 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-46.5
Parenting plans.
Status: in_force

(a) For every action that includes a contested custody of children, both parties or both parents shall develop either a mutually agreed-upon general parenting plan or separate individually-desired parenting plan, and file the plan at the outset of the action.

(b) A parenting plan may include a general outline relating to parental responsibilities and parenting time. A general parenting plan may also allow the parents to develop a more detailed agreement on an informal basis.

(c) A detailed parenting plan may include, but is not limited to, provisions relating to:

(1) Residential schedule;

(2) Holiday, birthday, and vacation planning;

(3) Parental decision-making and responsibility;

(4) Breastfeeding, if applicable;

(5) Information sharing and access;

(6) Relocation of parents;

(7) Telephone access and other means of communication;

(8) Right of first refusal procedures;

(9) Transportation; and

(10) Methods for changing or enforcing the parenting plan and for resolving disputes.

(d) If the parties cannot agree on a parenting plan, the court may:

(1) Order the parties to participate in alternative dispute resolution and in counseling with a person with professional experience in child custody or parenting issues, or with other appropriate education, unless there is a finding of family violence; and

(2) Develop and file a detailed parenting plan when requested by either of the parties or parents.

(e) The court or the parties may revise and amend the parenting plan from time to time. [L 2005, c 244, §1]
Haw. Rev. Stat. § 571-8 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-8
District family courts; district family judges; appointment; sessions.
Status: in_force

(a) In addition to the district courts established under section 604-1, there may be established in each of the judicial circuits of the State a district family court with the powers and under the conditions herein set forth which shall be styled as follows:

(1) For the first judicial circuit: The district family court of the first circuit.

(2) For the second judicial circuit: The district family court of the second circuit.

(3) For the third judicial circuit: The district family court of the third circuit.

(4) For the fifth judicial circuit: The district family court of the fifth circuit.

(b) When in the discretion of the chief justice of the supreme court the urgency or volume of cases so requires, the chief justice may appoint one or more district family judges for each judicial circuit. In addition, within any circuit, the chief justice may designate any district judge of the district court to act as a district family judge within that circuit; the judge when so designated shall exercise the powers of a district family judge appointed pursuant to this section.

The chief justice may also designate, within any circuit, a district family judge appointed pursuant to this section to act as a district judge, and the judge when so appointed shall have all the powers of a district judge appointed pursuant to section 604-2.

The chief justice may assign any district judge or district family judge of any circuit to serve temporarily in either the district court or the district family court of any other circuit.

The district family courts shall hold sessions at such places and as often as the family court judge or the senior family court judge, if there is more than one, of the judicial circuit shall prescribe. [L 1973, c 219, pt of §1; am L 1983, c 208, §1; am L 1984, c 49, §1; gen ch 1985]
Haw. Rev. Stat. § 574-6 — HI Code / Division 3 / Title 31 / Chapter 574 / Section 574-6
Effect of change.
Status: in_force

(a) The change of name provided for by order of the lieutenant governor shall be effective upon the date of publication of the notice of change of name.

(b) In all cases of change of name by order of the lieutenant governor, except as otherwise provided by law, the order shall be recorded in the bureau of conveyances within sixty days after the signing of the order.

(c) All changes of names made by decree of any governor, or by the president of the Republic of Hawaii, or by the president of the Provisional Government of Hawaii, or by any king or queen of the Hawaiian Islands, are ratified and confirmed.

(d) The lieutenant governor shall adopt rules pursuant to chapter 91 necessary for the purposes of this chapter. [L 1982, c 50, §2; am L 1984, c 245, §2; am L 1985, c 190, §1; am L 1986, c 250, §2]
Haw. Rev. Stat. § 578-15 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-15
Secrecy of proceedings and records.
Status: in_force

(a) The records in adoption proceedings, after the petition is filed and before the entry of the decree, shall be open to inspection only by the parties or their attorneys, the director of human services or the director's agent, or any proper person on a showing of good cause therefor, upon order of the court. Except in the case of an individual being adopted by a person married to the legal birthing parent or non-birthing parent of the individual or unless authorized by the court, no petition for adoption shall set forth the name of the individual sought to be adopted or the name of either of the parents of the individual; provided that the legal name of the individual and the name of each of the individual's legal parents may be added to the petition by amendment during the course of the hearing thereof and shall be included in the decree. The hearing of the petition shall be in chambers and shall not be open to the public.

(b) Upon the entry of the decree, or upon the later effective date of the decree, or upon the dismissal or discontinuance or other final disposition of the petition, the clerk of the court shall seal all records in the proceedings; provided that upon the written request of the petitioner or petitioners, the court may waive the requirement that the records be sealed. The seal shall not be broken and the records shall not be inspected by any person, including the parties to the proceedings, except:

(1) Upon order of the family court upon a showing of good cause;

(2) After the adopted individual attains the age of eighteen and upon submission to the family court of a written request for inspection by the adopted individual or adoptive parents;

(3) After the adopted individual attains the age of eighteen and upon submission to the family court of a written request for inspection by the natural parents;

(4) Upon request by the adopted individual or adoptive parents for information contained in the records concerning ethnic background and necessary medical information; or

(5) Upon request by a natural parent for a copy of the original birth certificate.

As used in this subsection, "natural parent" means a biological birthing parent or non-birthing parent, or a legal parent who is not also the biological parent.

(c) The clerk of the court shall keep a docket of all adoption proceedings, which may be inspected only by order of the family court. [L 1945, c 40, pt of §2; am L 1953, c 115, pt of §1; RL 1955, §331-15; am L Sp 1959 2d, c 1, §20; HRS §578-15; am L 1973, c 211, §3(m); am L 1976, c 194, §1(9); gen ch 1985; am L 1987, c 339, §4; am L 1990, c 338, §5; am L 1991, c 45, §1; am L 2016, c 80, §2; am L 2023, c 160, §6]
Haw. Rev. Stat. § 571-45 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-45
Assessment and investigation prior to disposition; suspension of delinquency proceedings; denial of services reporting.
Status: in_force

(a) Prior to disposition, the court shall conduct a risk and needs assessment, using the tool procured and validated pursuant to section 571-5, for each child concerning whom a petition has been filed pursuant to section 571-11(1) and (2).

(b) In addition to the risk and needs assessment, a social study and a report in writing shall be made in the case of a child concerning whom a petition has been filed under section 571‑11(1) and (2), except where the judge waives the requirement to make a social study and a report in writing. The study shall be initiated upon the filing of a petition except in petitions filed under section 571-11(1) when it is ascertained that the child denies the allegations set forth in the petition. In such case the study shall proceed only after the court after hearing has made a finding as to the allegations of the petition.

Except where the requirement is waived by the judge, social studies shall also be made in proceedings to decide disputed or undetermined legal custody and in custody disputes arising out of a divorce action. In all other awards of custody arising out of a divorce action, including those where an agreement with respect to custody has been made by the parties, and in any other case or class of cases, the judge may order a social study when the judge has reason to believe such action is necessary to assure adequate protection of the child or of any other person involved in the case. By special order of the judge or by rule of court a social study may be required in support cases covering financial ability and other matters pertinent to making an order of support. The use of such studies in custody and support hearings shall be subject to the applicable provisions of section 571-41.

(c) The results of the risk and needs assessment and any social studies required by this section shall be presented to and considered by the judge prior to making disposition pursuant to section 571-41(d).

The judge may order and use a presentence investigation with respect to any criminal action under the jurisdiction of the court in accordance with the existing provisions of the law with respect to the making and use of such studies.

(d) If the results of the risk and needs assessment indicate a substance abuse or mental health need, the probation officer shall immediately refer the child to the department of health for an eligibility determination.

(e) The court, upon the motion of the child or on its own motion, may order the suspension of the delinquency proceedings, prior to adjudication, for a period of up to one year to obtain substance abuse or mental health treatment if the court finds:

(1) The child presently needs and is likely to benefit from treatment; and

(2) The suspension of the delinquency proceedings will advance the interests of justice.

No later than one month before the end of the period of suspension of the delinquency proceedings, the treatment provider shall submit a report on whether the child has completed the treatment program.

If the court, on the motion of the child or on its own motion, finds that the child has successfully completed the treatment program, the court may dismiss the suspended delinquency proceedings. If the court does not find that the child has satisfactorily completed treatment, the court may terminate the suspension and proceed with the case.

(f) A probation officer referring a child to the department of health under this section shall report any subsequent denial of services to the administrator of the juvenile client services branch in each judicial circuit. The administrators of the juvenile client services branch shall submit an annual report compiling all such denials to the board of family court judges and the Hawaii juvenile justice state advisory council. [L 1965, c 232, pt of §1; Supp, §333-23; HRS §571-45; am L 1971, c 72, §2; am L 1972, c 115, §1; am L 1973, c 211, §1(f); gen ch 1985; am L 2014, c 201, §14]
Haw. Rev. Stat. § 572-11 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-11
Marriage ceremony; license to solemnize ; fees.
Status: in_force

(a) It shall be unlawful for any person to perform a marriage ceremony within the State without first obtaining from the department of health a license to solemnize marriages. A standard license to solemnize marriages shall be valid for one year from the date of issuance. A short-term license to solemnize marriages shall be valid for sixty days from the date of issuance.

(b) The fee for a standard license to solemnize marriages shall be $100 per year. The fee for a short-term license to solemnize marriages shall be $25 per sixty-day period. All fees received for the issuance of licenses to solemnize marriages shall be remitted to the director of health. Upon receipt of a fee for a license under this section, the director shall deposit:

(1) For standard licenses, $75 to the vital statistics improvement special fund established under section 338-14.6, and $25 to the general fund; and

(2) For short-term licenses, $20 to the vital statistics improvement special fund established under section 338-14.6, and $5 to the general fund. [CC 1859, §1283; RL 1925, §2949; am L 1929, c 104, §5; RL 1935, §4639; RL 1945, §12360; RL 1955, §323-11; am L Sp 1959 2d, c 1, §19; HRS §572-11; am L 1969, c 19, §1; am L 2023, c 206, §2]
Haw. Rev. Stat. § 576B-708 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-708
Recognition and enforcement of registered Convention support order.
Status: in_force

(a) Except as otherwise provided in subsection (b), a tribunal of this State shall recognize and enforce a registered Convention support order.

(b) The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered Convention support order:

(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;

(2) The issuing tribunal lacked personal jurisdiction consistent with section 576B-201;

(3) The order is not enforceable in the issuing country;

(4) The order was obtained by fraud in connection with a matter of procedure;

(5) A record transmitted in accordance with section 576B‑706 lacks authenticity or integrity;

(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed;

(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this State;

(8) Payment, to the extent alleged arrears have been paid in whole or in part;

(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:

(A) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

(B) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or

(10) The order was made in violation of section 576B-711.

(c) If a tribunal of this State does not recognize a Convention support order under subsection (b)(2), (4), or (9):

(1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and

(2) The support enforcement agency shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under section 576B-704. [L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 587A-13 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-13
Summons and service of summon s.
Status: in_force

(a) After a petition has been filed, the court shall issue a summons requiring the presence of the parents and other persons to be parties to the proceeding except the child , as follows:

(1) A copy of the petition shall be attached to each summons;

(2) The summons shall notify the parties of their right to retain and be represented by counsel; and

(3) The summons shall state: "YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS CONCERNING THE CHILD OR CHILDREN WHO ARE THE SUBJECT OF THE ATTACHED PETITION MAY BE TERMINATED IF YOU FAIL TO APPEAR ON THE DATE SET FORTH IN THIS SUMMONS."

(b) The court may issue a summons to a parent or any person having physical custody of the child to bring the child before the court at the temporary foster custody hearing or the return hearing.

(c) The sheriff or other authorized person shall serve the summons by personally delivering a certified copy to the person or legal entity being summoned. A return on the summons shall be filed, showing the date and time and to whom service was made; provided that:

(1) If the party to be served does not reside in the State, service shall be made by registered or certified mail addressed to the party's last known address; or

(2) If the court finds that it is impracticable to personally serve the summons, the court may order service by registered or certified mail addressed to the party's last known address, or by publication, or both. When publication is used, the summons shall be published once a week for four consecutive weeks in a newspaper of general circulation in the county in which the party was last known to have resided. In the order for publication of the summons, the court shall designate the publishing newspaper and shall set the date of the last publication at no less than twenty-one days before the return date. Such publication shall have the same force and effect as personal service of the summons.

(d) The petitioner shall notify the child of a hearing under this section no less than twenty-four hours prior to the time set for a temporary foster custody hearing, or no less than forty-eight hours prior to the time set for any other hearing.

(e) Service shall be completed no less than twenty-four hours prior to the time set forth in the summons for a temporary foster custody hearing, or no less than forty-eight hours prior to the time set forth in the summons for any other hearing, unless the party was present when ordered by the court to appear at the hearing.

(f) The court may issue a warrant for the appearance of a person or child, as well as issue an order pursuant to section 587A-16(b), if:

(1) The summons cannot be personally served;

(2) The person served fails to obey the summons;

(3) The court finds that service will not be effective; or

(4) The court finds that the best interests of the child require that the child be brought into the custody of the court. [L 2010, c 135, pt of §1; am L 2014, c 36, §1]
Haw. Rev. Stat. § 582-2 — HI Code / Division 3 / Title 31 / Chapter 582 / Section 582-2
Juvenile compact administrator.
Status: in_force

Pursuant to the compact, the lieutenant governor shall be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator shall cooperate with all departments, agencies, and officers of and in the government of the State and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by the State thereunder.
Haw. Rev. Stat. § 587A-33 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-33
Termination of parental rights hearing.
Status: in_force

(a) At a termination of parental rights hearing, the court shall determine whether there exists clear and convincing evidence that:

(1) A child's parent whose rights are subject to termination is not presently willing and able to provide the parent's child with a safe family home, even with the assistance of a service plan;

(2) It is not reasonably foreseeable that the child's parent whose rights are subject to termination will become willing and able to provide the child with a safe family home, even with the assistance of a service plan, within a reasonable period of time, which shall not exceed two years from the child's date of entry into foster care;

(3) The proposed permanent plan is in the best interests of the child. In reaching this determination, the court shall:

(A) Presume that it is in the best interests of the child to be promptly and permanently placed with responsible and competent substitute parents and family in a safe and secure home; and

(B) Give greater weight to the presumption that the permanent plan is in the child's best interest, the younger the child is upon the child's date of entry into foster care; and

(4) The child consents to the permanent plan if the child is at least fourteen years old, unless the court consults with the child in camera and finds that it is in the best interest of the child to proceed without the child's consent.

(b) If the court determines that the criteria set forth in subsection (a) are established by clear and convincing evidence and the goal of the permanent plan is for the child to be adopted or remain in permanent custody, the court shall order:

(1) That the child's parent's parental rights be terminated;

(2) Termination of the existing service plan and revocation of the prior award of foster custody;

(3) That permanent custody of the child be awarded to an appropriate authorized agency;

(4) An appropriate permanent plan; and

(5) The entry of any other orders the court deems to be in the best interests of the child, including restricting or excluding unnecessary parties from participating in adoption or other subsequent proceedings.

(c) Unless otherwise ordered by the court or until the child is adopted, the child's family member shall retain, to the extent that the family member possessed the responsibility prior to the termination of parental rights, the continuing responsibility to support the child, including repaying the cost of any and all care, treatment, or any other service provided by the permanent custodian, any subsequent permanent custodian, other authorized agency, or the court for the child's benefit.

(d) A family member may be permitted visitation with the child at the discretion of the permanent custodian. The court may review the exercise of such discretion and may order that a family member be permitted such visitation as is in the best interests of the child.

(e) An order for the termination of parental rights entered under this chapter shall not operate to terminate the mutual rights of inheritance of the child and the child's family members or any other benefit to which the child may be entitled, until the child has been adopted.

(f) The court, in its discretion, may vest permanent custody of a child in an authorized agency or in subsequently authorized agencies, as the court deems to be in the best interests of the child.

(g) If the department receives a report that the child has been harmed or is subject to threatened harm by the acts or omissions of the permanent custodians of the child, the department may automatically assume either family supervision over the child and the child's permanent custodian or foster custody of the child. The department shall immediately notify the court, and the court shall set the case for a permanency hearing within ten days after the department receives such a report, unless the court deems a later date to be in the best interests of the child.

(h) If the court determines that the criteria set forth in subsection (a) are not established by clear and convincing evidence, the court shall order:

(1) The preparation of a plan to achieve permanency for the child;

(2) The entry of any orders that the court deems to be in the best interests of the child;

(3) A periodic review hearing to be held within six months after the date of the last permanency hearing; and

(4) A permanency hearing to be held within twelve months of the date of the last permanency hearing.

(i) Absent compelling reasons, if the child has been in foster care under the department's responsibility for an aggregate of fifteen out of the most recent twenty-two months from the date of entry into foster care, the department shall file a motion to terminate parental rights. [L 2010, c 135, pt of §1; am L 2011, c 51, §7]
Haw. Rev. Stat. § 587A-7.5 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-7.5
[ §587A-7.
Status: in_force

[ §587A-7.5] Safe family home factors; disability. The court shall not consider the disability of a parent or caregiver to be the sole factor in the court's determination made pursuant to this part. If the court makes a determination that a child's family is unable to provide a safe family home and one or more of the child's parents or caregivers are disabled, the court shall make specific written findings stating the basis for this determination. The party attempting to demonstrate that the disability of a parent or caregiver impairs the parent's or caregiver's ability to parent must prove that the disability is a factor, and demonstrate a clear nexus between the disability and the alleged parental deficiency.
Haw. Rev. Stat. § 577-21 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-21
Curfew ordinances, effect.
Status: repealed

Each of the counties may enact and enforce ordinances regulating the presence of children in public places and on public streets and roads during certain hours at night.

Upon each of the counties enacting an ordinance pertaining to curfew for children, then so far as that county is concerned, the ordinance shall have full force and effect, and shall supersede sections 577-16, 577-18, 577-19 and 577-20 until the ordinance is repealed or otherwise made invalid. [L 1963, c 63, §2; Supp, §330-18.5; HRS §577-21; am L 1975, c 77, §1(8)]
Haw. Rev. Stat. § 587A-9 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-9
Temporary foster custody.
Status: in_force

(a) The department shall assume temporary foster custody of a child:

(1) With the consent of the child's family;

(2) Upon order of the court; or

(3) Without the consent of the child's family and without a court order, upon the transfer of protective custody from a police officer if, in the discretion of the department, the department determines that exigent circumstances are present.

(b) If the department assumes temporary foster custody of a child, the department shall:

(1) Make every reasonable effort to inform the child's parents of the actions taken, unless doing so would put another person at risk of harm;

(2) Unless the child is admitted to a hospital or similar institution, place the child in emergency foster care while the department conducts an appropriate investigation, with placement preference being given to an approved relative;

(3) With authorized agencies, make reasonable efforts to identify and notify all relatives within thirty days of assuming temporary foster custody of the child; and

(4) Within three days, excluding Saturdays, Sundays, and holidays:

(A) Relinquish temporary foster custody, return the child to the child's parents, and proceed pursuant to section 587A-11(4), (5), or (6);

(B) Secure a voluntary placement agreement from the child's parents to place the child in foster care, and proceed pursuant to section 587A-11(6) or (8); or

(C) File a temporary foster custody petition with the court.

(c) Upon the request of the department and without regard to parental consent, any physician licensed or authorized to practice medicine in the State shall perform an examination to determine the nature and extent of harm or threatened harm to the child under the department's temporary foster custody. [L 2010, c 135, pt of §1; am L 2016, c 96, §3; am L 2024, c 144, §3]
Haw. Rev. Stat. § 587A-30 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-30
Periodic review hearing.
Status: in_force

(a) The court shall set a periodic review hearing to be conducted no later than six months after a child's date of entry into foster care. Thereafter, the court shall conduct periodic review hearings at intervals of no longer than six months until the court's jurisdiction is terminated unless the child is in the permanent custody of the department or an authorized agency. If the child is in the permanent custody of the department or an authorized agency, the court shall conduct a permanency hearing at intervals of no longer than six months until the court's jurisdiction is terminated. The court may set a case for a periodic review hearing upon the motion of a party at any time, if the court deems the hearing to be in the best interests of the child.

(b) At each periodic review hearing, the court shall review the status of the case to determine whether the child is receiving appropriate services and care, whether the case plan is being properly implemented, and whether the department's or authorized agency's activities are directed toward a permanent placement for the child. At the hearing, the court shall:

(1) Determine whether the child is safe and enter orders:

(A) That the child be placed in foster custody if the court finds that the child's remaining in the family home is contrary to the welfare of the child and the child's parents are not willing and able to provide a safe family home for the child, even with the assistance of a service plan;

(B) That the child be placed in family supervision if the court finds that the child's parents are willing and able to provide the child with a safe family home with the assistance of a service plan; or

(C) To terminate jurisdiction if the court finds that the child's parents are willing and able to provide the child with a safe family home without the assistance of a service plan;

(2) Determine the continued need for and appropriateness of the out-of-home placement;

(3) Determine the extent to which each party has complied with the case plan and the family's progress in making their home safe for the child;

(4) Determine the family's progress in resolving the problems that caused the child harm or to be threatened with harm and, if applicable, the necessity for continued out-of-home placement of the child;

(5) Project a likely date for:

(A) The child's return to a safe family home; or

(B) The child's permanent placement out of the family home in the following order of preference:

(i) Adoption;

(ii) Legal guardianship; or

(iii) Other permanent out-of-home placement;

(6) Evaluate visitation arrangements; and

(7) Issue such further or other appropriate orders as it deems to be in the best interests of the child.

(c) If the child has been in foster care under the responsibility of the department for an aggregate of fifteen out of the most recent twenty-two months from the date of entry into foster care, the department shall file a motion to terminate parental rights, unless:

(1) The department has documented in the safe family home factors or other written report submitted to the court a compelling reason why it is not in the best interest of the child to file a motion; or

(2) The department has not provided to the family of the child, consistent with the time period required in the service plan, such services as the department deems necessary for the safe return of the child to the family home.

(d) Nothing in this section shall prevent the department from filing a motion to terminate parental rights if the department determines that the criteria for terminating parental rights are present. [L 2010, c 135, pt of §1; am L 2011, c 51, §5]
Haw. Rev. Stat. § 576B-507 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-507
Administrative enforcement of orders.
Status: in_force

(a) A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this State.

(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this State to enforce a support order or an income withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 578-6 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-6
Notice to nonresident or unlocated nonconsenting legal parent whose rights have not been terminated.
Status: in_force

If a legal parent to whom notice must be given as aforesaid was never an inhabitant of the State, or has removed therefrom, or if, after due diligence, the parent cannot be found within the State, and the fact appears by affidavit to the satisfaction of the court, it may be ordered by the court that the service be made under section 578-7.
Haw. Rev. Stat. § 576B-612 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-612
Recognition of order modified in another state.
Status: in_force

If a child support order issued by a tribunal of this State is modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this State:

(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;

(2) May provide appropriate relief for violations of its order that occurred before the effective date of the modification; and

(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 577E-7 — HI Code / Division 3 / Title 31 / Chapter 577E / Section 577E-7
Administration of funds.
Status: in_force

The commission shall administer funds appropriated or allocated for its work and shall be authorized to accept, disburse, and allocate funds that may become available from other governmental and private sources; provided that all such funds shall be disbursed or allocated in compliance with any specific designation stated by the donor and, in the absence of any specific designation, the funds shall be disbursed or allocated on projects related to any of the purposes of this chapter.
Haw. Rev. Stat. § 586-2 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-2
Court jurisdiction.
Status: in_force

(a) An application for relief under this chapter may be filed in the family court in the circuit in which:

(1) The petitioner resides or is temporarily located;

(2) The respondent resides;

(3) The subject of the petition, a petitioner's family or household member who is a minor, an incapacitated person as defined in section 560:5-102 or physically unable to go to the appropriate place to complete or file the petition, resides or is temporarily located; or

(4) The domestic abuse occurred.

(b) Actions under this chapter shall be given docket priorities by the court. [L 1982, c 123, pt of §2; am L 2023, c 81, §1]
Haw. Rev. Stat. § 587A-2 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-2
Purpose; construction.
Status: in_force

This chapter creates within the jurisdiction of the family court a child protective act to make paramount the safety and health of children who have been harmed or are in life circumstances that threaten harm. Furthermore, this chapter makes provisions for the service, treatment, and permanent plans for these children and their families.

The legislature finds that children deserve and require competent, responsible parenting and safe, secure, loving, and nurturing homes. The legislature finds that children who have been harmed or are threatened with harm are less likely than other children to realize their full educational, vocational, and emotional potential, and become law-abiding, productive, self-sufficient citizens, and are more likely to become involved with the mental health system, the juvenile justice system, or the criminal justice system, as well as become an economic burden on the State. The legislature finds that prompt identification, reporting, investigation, services, treatment, adjudication, and disposition of cases involving children who have been harmed or are threatened with harm are in the children's, their families', and society's best interests because the children are defenseless, exploitable, and vulnerable. The legislature recognizes that many relatives are willing and able to provide a nurturing and safe placement for children who have been harmed or are threatened with harm.

The policy and purpose of this chapter is to provide children with prompt and ample protection from the harms detailed herein, with an opportunity for timely reconciliation with their families if the families can provide safe family homes, and with timely and appropriate service or permanent plans to ensure the safety of the child so they may develop and mature into responsible, self-sufficient, law-abiding citizens. The service plan shall effectuate the child's remaining in the family home, when the family home can be immediately made safe with services, or the child's returning to a safe family home. The service plan shall be carefully formulated with the family in a timely manner. Every reasonable opportunity should be provided to help the child's legal custodian to succeed in remedying the problems that put the child at substantial risk of being harmed in the family home. Each appropriate resource, public and private, family and friend, should be considered and used to maximize the legal custodian's potential for providing a safe family home for the child. Full and careful consideration shall be given to the religious, cultural, and ethnic values of the child's legal custodian when service plans are being discussed and formulated. Where the court has determined, by clear and convincing evidence, that the child cannot be returned to a safe family home, the child shall be permanently placed in a timely manner.

The policy and purpose of this chapter includes the protection of children who have been harmed or are threatened with harm by:

(1) Providing assistance to families to address the causes for abuse and neglect;

(2) Respecting and using each family's strengths, resources, culture, and customs;

(3) Ensuring that families are meaningfully engaged and children are consulted in an age-appropriate manner in case planning;

(4) Enlisting the early and appropriate participation of family and the family's support networks;

(5) Respecting and encouraging the input and views of caregivers; and

(6) Ensuring a permanent home through timely adoption or other permanent living arrangement,

if safe reunification with the family is not possible.

The child protective services under this chapter shall be provided with every reasonable effort to be open, accessible, and communicative to the persons affected by a child protective proceeding without endangering the safety and best interests of the child under this chapter.

This chapter shall be liberally construed to serve the best interests of the children affected and the purpose and policies set forth herein. [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 580-29 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-29
No annulment solely on confessions.
Status: in_force

No sentence of nullity of marriage shall be pronounced solely on the declarations or confessions of the parties. The court shall, in all cases, require other satisfactory evidence of the facts on which the allegation of nullity is founded. [CC 1859, §1322; am L 1903, c 22, §2; RL 1925, §2964; RL 1935, §4459; RL 1945, §12209; RL 1955, §324-9; HRS §580-29; am L 1973, c 211, §5(n)]
Haw. Rev. Stat. § 576E-19 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-19
Wilful violations; penalties.
Status: in_force

Unless otherwise provided herein, any person who knowingly, intentionally or wilfully violates any section of this chapter shall be guilty of a petty misdemeanor.
Haw. Rev. Stat. § 580-3 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-3
Service.
Status: in_force

(a) The complaint for annulment, divorce, or separation, and the summons shall be served by an authorized process server on the defendant personally if the defendant is within the State, unless the defendant enters an appearance in the case, and except as hereinafter otherwise provided.

(b) If service by an authorized process server is not feasible or is inconvenient or if the defendant is without the State, the court may authorize the service to be made by any other responsible person, or the court may authorize notice of the pendency of the action and of a time and place of hearing, which shall be not less than twenty days after the giving of personal notice, to be given to the defendant personally by such person and in such manner as the court shall designate and the case may be heard and determined at or after the time specified in the notice.

(c) If the defendant is without the circuit, the court may authorize service by registered or certified mail, with request for a return receipt and direction to deliver to addressee only. The return receipt signed by the defendant shall be prima facie evidence that the defendant accepted delivery of the complaint and summons on the date set forth on the receipt. Actual receipt by the defendant of the complaint and summons sent by registered or certified mail shall be equivalent to personal service on the defendant by an authorized process server as of the date of the receipt.

(d) If it appears that the defendant has refused to accept service by mail, or is concealing oneself, or evading service, or that plaintiff does not know the address or residence of the defendant and has not been able to ascertain the same after reasonable and due inquiry and search for at least fifteen days either before or after the filing of the complaint, the court may authorize notice of the pendency of the action and of a time and place of hearing, which shall not be less than twenty days after the last publication of the published notice, to be given to the defendant by publication thereof at least once in each of three successive weeks in a newspaper suitable for the advertisement of notices of judicial proceedings, published in the State, and the case may be heard and determined at or after the time specified in the notice.

(e) If the plaintiff, as a result of impoverishment, is unable to publish notice as required by subsection (d), the plaintiff shall file an affidavit attesting to impoverishment and to the fact that after due and diligent search, the whereabouts of the individual sought to be served are unknown. Upon those filings, the court shall order that service be made by forwarding a certified copy of the pleadings and process to the individual at the last known address by registered or certified mail, with a return receipt requested and a directive to deliver to addressee only, sending a certified copy of the pleadings and process to the defendant's closest known relative, if any can be found, and by posting a copy of the pleadings and process at the courthouse in which the pleadings and process has been filed. Service shall be completed thirty days after mailing. The plaintiff shall attest to the fact of the mailing and the date thereof by affidavit, attaching the sender's receipt for that mail and, if available, the return receipt and envelope. [L 1870, c 16, §4; am L 1903, c 22, §6; am L 1907, c 109, §2; am L 1919, c 43, §2; RL 1925, §2968; am L 1925, c 121, §1; RL 1935, §4463; am L 1941, c 217, §1; RL 1945, §12213; am L 1953, c 199, §1; RL 1955, §324-23; am L 1957, c 177, §1; am L 1966, c 22, §3; am L 1967, c 60, pt of §1; HRS §580-3; gen ch 1985; am L 2000, c 190, §1]
Haw. Rev. Stat. § 571-52.5 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-52.5
Guidelines to determine child support amounts.
Status: in_force

When the court establishes or modifies the amount of child support required to be paid by a parent, the court shall use the guidelines established under section 576D-7, except when exceptional circumstances warrant departure.
Haw. Rev. Stat. § 583A-108 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-108
Notice to persons outside State.
Status: in_force

(a) Notice required for the exercise of jurisdiction when a person is outside this State may be given in a manner prescribed by the law of this State for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.

(b) Proof of service may be made in the manner prescribed by the law of this State or by the law of the state in which the service is made.

(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 576B-506 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-506
Contest by obligor.
Status: in_force

(a) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this State by registering the order in a tribunal of this State and filing a contest to that order as provided in Article 6, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this State.

(b) The obligor shall give notice of the contest to:

(1) A support enforcement agency providing services to the obligee;

(2) Each employer that has directly received an income withholding order relating to the obligor; and

(3) The person designated to receive payments in the income withholding order or, if no person is designated, to the obligee. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 577-18 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-18
Parents allowing children in street, prohibited when; penalty.
Status: in_force

Any parent or guardian having the care, custody, and control of a child under sixteen years of age, who, except in case of necessity, knowingly, and voluntarily suffers or permits such child to go or remain on any public street, highway or public place after ten o'clock in the evening and before four o'clock in the morning, unaccompanied by an adult person thereto authorized by such parent or guardian, shall be fined not more than $100 or imprisoned not more than twenty days.
Haw. Rev. Stat. § 576B-307 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-307
Duties of support enforcement agency.
Status: in_force

(a) A support enforcement agency of this State, upon request, shall provide services to a petitioner in a proceeding under this chapter.

(b) A support enforcement agency of this State that is providing services to the petitioner shall:

(1) Take all steps necessary to enable an appropriate tribunal of this State, another state, or a foreign country to obtain jurisdiction over the respondent;

(2) Request an appropriate tribunal to set a date, time, and place for a hearing;

(3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(4) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;

(5) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and

(6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.

(c) A support enforcement agency of this State that requests registration of a child support order in this State for enforcement or for modification shall make reasonable efforts:

(1) To ensure that the order to be registered is the controlling order; or

(2) If two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request is made to a tribunal having jurisdiction to make the determination.

(d) A support enforcement agency of this State that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in United States dollars under the applicable official or market exchange rate as publicly reported.

(e) A support enforcement agency of this State shall issue or request a tribunal of this State to issue a child support order and an income withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to section 576B-319.

(f) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 576B-210 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-210
Application of chapter to nonresident subject to personal jurisdiction.
Status: in_force

A tribunal of this State exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this State relating to a support order, or recognizing a foreign support order may receive evidence from outside this State pursuant to section 576B-316, communicate with a tribunal outside this State pursuant to section 576B-317, and obtain discovery through a tribunal outside this State pursuant to section 576B-318. In all other respects, Articles 3 through 6 do not apply, and the tribunal shall apply the procedural and substantive law of this State.
Haw. Rev. Stat. § 587A-41 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-41
Payment for service or treatment provided to a party or for a child's care, support, or treatment.
Status: in_force

(a) Whenever a service or treatment is provided to a party, or whenever care, support, or treatment of a child is provided under this chapter, the court may order the payment of such expenses by the persons or legal entities who are legally responsible for the same, after reasonable notice and hearing as the court directs.

(b) The provisions of section 571-52 and all other remedies available under the law shall be applicable to enforce orders issued pursuant to this section. [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 577-12 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-12
REPEALED.
Status: in_force

L 1972, c 9, pt of §1.
Haw. Rev. Stat. § 572-15 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-15
Delivery of records to department of health; penalty.
Status: in_force

Whenever any agent authorized to grant marriage licenses ceases to be an agent, or is directed to do so by the department of health, or leaves the State, the agent shall deliver to the department all the agent's records of marriage licenses. Upon the death of any such agent such records shall be delivered to the department by the agent's personal representative or other legal representative.

Whenever any person holding a license to perform the marriage ceremony is directed to do so by the department, or whenever the license is canceled or otherwise terminated or upon the departure from the State of any such person, the person shall deliver to the department all the person's records of marriages, or upon the death of any such person such records shall be delivered to the department by the person's personal representative, or other legal representative.

Any person violating this section shall be fined not more than $500. [L 1864, p 22; am L 1903, c 8, §2; RL 1925, §2953; am L 1929, c 104, §7; am L 1931, c 65, §2; RL 1935, §4643; RL 1945, §12364; RL 1955, §323-15; am L Sp 1959 2d, c 1, §19; HRS §572-15; am L 1976, c 200, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 571-31.1 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-31.1
Standard for detention.
Status: in_force

(a) As used in this chapter, "protection of the community" means there is a threat to, and a necessity to protect, the person or property of others from:

(1) A minor who is alleged to have committed an offense which caused physical harm, or a threat of physical harm, to another person; or

(2) A minor who is alleged to have committed an offense which caused damage to, or theft of, property; and

(A) The minor's record reveals a pattern of behavior which has caused damage to, or loss of, property; and

(B) Previous control measures have failed.

(b) As used in this chapter, "immediate welfare" means:

(1) The minor is in physical, emotional, or psychological danger, or may be prior to the court's disposition;

(2) No parent or other responsible adult known to the decision-maker is willing and able to provide the type and degree of supervision necessary to protect the minor from that danger;

(3) No other secure facility is appropriate and available.

(c) In determining whether the immediate welfare or the protection of the community requires a minor's detention, an officer or other person may take into consideration the following, among other pertinent factors:

(1) The severity of the violation or violations which the child is reasonably believed to have committed;

(2) The frequency with which the child is reasonably believed to have committed such or other violations;

(3) The child's age, character, physical, and mental health;

(4) The interpersonal relationships between the child, the family, and the community; and

(5) Any previous history of referrals to the court. [L 1980, c 303, §4(3)]
Haw. Rev. Stat. § 572-29 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-29
Marriage settlement not invalidated.
Status: in_force

Nothing contained in this part shall invalidate any marriage settlement or contract.
Haw. Rev. Stat. § 583A-308 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-308
Expedited enforcement of child-custody determination.
Status: in_force

(a) A petition under this part shall be verified. Certified copies of all orders sought to be enforced and of any order confirming registration shall be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.

(b) A petition for enforcement of a child-custody determination must state:

(1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;

(2) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number, and the nature of the proceeding;

(3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;

(4) The present physical address of the child and the respondent, if known;

(5) Whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officers and, if so, the relief sought; and

(6) If the child-custody determination has been registered and confirmed under section 583A-305, the date and place of registration.

(c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing shall be held on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.

(d) An order issued under subsection (c) must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under section 583A-312, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that:

(1) The child-custody determination has not been registered and confirmed under section 583A-305, and that:

(A) The issuing court did not have jurisdiction under part II;

(B) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under part II;

(C) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 583A-108, in the proceedings before the court that issued the order for which enforcement is sought; or

(2) The child-custody determination for which enforcement is sought was registered and confirmed under section 583A-305, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under part II. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 572D-6 — HI Code / Division 3 / Title 31 / Chapter 572D / Section 572D-6
Enforcement.
Status: in_force

(a) A premarital agreement is enforceable and shall be binding in any action unless the party against whom enforcement is sought proves that:

(1) That party did not execute the agreement voluntarily; or

(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

(A) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(B) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(C) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid eligibility for public assistance.

(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. [L 1987, c 321, pt of §1]
Haw. Rev. Stat. § 586-9 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-9
Modification of order.
Status: in_force

Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection. The court may deny, without hearing, a motion to dismiss or to modify the terms of an existing order for protection if the motion, on its face, does not allege facts sufficient to establish a material change in the circumstances of the parties since the issuance or last modification of the order.
Haw. Rev. Stat. § 583A-303 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-303
Duty to enforce.
Status: in_force

(a) A court of this State shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.

(b) A court of this State may utilize any remedy available under other law of this State to enforce a child-custody determination made by a court of another state. The remedies provided in this part are cumulative and do not affect the availability of other remedies to enforce a child-custody determination. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 583A-208 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-208
Jurisdiction declined by reason of conduct.
Status: in_force

(a) Except as otherwise provided in section 583A-204, if a court of this State has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

(2) A court of the state otherwise having jurisdiction under sections 583A-201 to 583A-203 determines that this State is a more appropriate forum under section 583A-207; or

(3) No court of any other state would have jurisdiction under the criteria specified in sections 583A-201 to 583A-203.

(b) If a court of this State declines to exercise its jurisdiction pursuant to subsection (a), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child-custody proceeding is commenced in a court having jurisdiction under sections 583A-201 to 583A-203.

(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a), it may assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought is a protective parent fleeing abuse, or the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this State unless authorized by law other than this chapter. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 588-2 — HI Code / Division 3 / Title 31 / Chapter 588 / Section 588-2
Definitions of child abuse.
Status: in_force

For purposes of this chapter:

"Child sexual abuse" means any of the offenses described under chapter 707, part V, when committed against a person under the age of eighteen years or that damage or injure a child's physical or psychological health or welfare, where the child has been the victim of sexual contact or conduct, including sexual assault; sodomy; molestation; sexual fondling; incest; prostitution; obscene or pornographic photographing, filming, or depiction; or other similar forms of sexual exploitation, including but not limited to acts that constitute an offense pursuant to section 712-1202(1)(b).

"Serious physical child abuse" means any of the offenses that damage or injure a child's physical or psychological health or welfare, where the child exhibits evidence of injury, including but not limited to:

(1) Substantial or multiple skin bruising;

(2) Substantial external or internal bleeding;

(3) Burn or burns;

(4) Malnutrition;

(5) Failure to thrive;

(6) Soft tissue swelling;

(7) Extreme pain;

(8) Extreme mental distress;

(9) Gross degradation;

(10) Poisoning;

(11) Fracture of any bone;

(12) Subdural hematoma; or

(13) Death; and

the injury is not justifiably explained, the history given concerning the condition or death is not consistent with the degree or type of the condition or death, or there is evidence that the condition or death may not be the result of an accident; when the offense rises to the degree of a felony as defined in section 701-107. [L 1986, c 169, pt of §1; am L 2001, c 219, §4; am L 2011, c 43, §19; am L 2024, c 144, §6]
Haw. Rev. Stat. § 580-23 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-23
Former spouse living.
Status: in_force

A marriage may be declared null on the ground that one of the parties has an undivorced spouse living, on the application of either of the parties during the lifetime of the other, or on the application of the former spouse. [CC 1859, §1315; RL 1925, §2957; RL 1935, §4452; RL 1945, §12203; RL 1955, §324-3; HRS §580-23; am L 2023, c 160, §9]
Haw. Rev. Stat. § 587A-20 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-20
Inadmissibility of evidence in other state actions or proceedings.
Status: in_force

The court may order that testimony or other evidence produced by a party in a proceeding under this chapter shall be inadmissible as evidence in any other state civil or criminal action or proceeding if the court deems such an order to be in the best interests of the child.
Haw. Rev. Stat. § 582-1.5 — HI Code / Division 3 / Title 31 / Chapter 582 / Section 582-1.5
Amendment to compact concerning interstate rendition of juveniles alleged to be delinquent.
Status: in_force

The governor is authorized and directed to execute, with any other state or states legally joining the same, an amendment to the Interstate Compact on Juveniles in the form substantially as follows:

Amendment to the Interstate Compact on Juveniles,

Concerning Interstate Rendition of Juveniles

Alleged to be Delinquent

(1) This amendment shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute same.

(2) All provisions and procedures of Articles V and VI of the Interstate Compact on Juveniles shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of a felony. Any juvenile charged with being a delinquent by reason of violating a felony, shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such cases shall be filed in a court of competent jurisdiction in the requesting state where the violation of the felony is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in Article V of the Compact shall be forwarded by the judge of the court in which the petition has been filed. [L 1987, c 129, §1]
Haw. Rev. Stat. § 583A-104 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-104
Application to Indian tribes.
Status: in_force

(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 United States Code section 1901 et seq., shall not be subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.

(b) A court of this State shall treat a tribe as if it were a state of the United States for the purpose of applying parts I and II.

(c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under part III. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 583A-302 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-302
Enforcement under Hague Convention.
Status: in_force

Under this part a court of this State may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination.
Haw. Rev. Stat. § 572B-9.5 — HI Code / Division 3 / Title 31 / Chapter 572B / Section 572B-9.5
Religious organizations; exemption under certain circumstances.
Status: in_force

(a) Notwithstanding any other law to the contrary, a religious organization or nonprofit organization operated, supervised, or controlled by a religious organization shall not be required to provide goods, services, or its facilities or grounds for the solemnization or celebration of a civil union that is in violation of its religious beliefs or faith.

(b) A religious organization or nonprofit organization operated, supervised, or controlled by a religious organization that, pursuant to this section, fails or refuses to provide goods, services, or its facilities or grounds for the solemnization or celebration of a civil union shall be immune from any fine, penalty, injunction, administrative proceeding, or any other legal or administrative liability for the failure or refusal. [L 2012, c 267, pt of §3; am L Sp 2013 2d, c 1, §8]
Haw. Rev. Stat. § 586-5.5 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-5.5
Protective order; additional orders.
Status: in_force

(a) If, after hearing all relevant evidence, the court finds that the respondent has failed to show cause why the order should not be continued and that a protective order is necessary to prevent domestic abuse or a recurrence of abuse, the court may order that a protective order be issued for a further fixed reasonable period as the court deems appropriate, including, in the case where a protective order restrains any party from contacting, threatening, or physically abusing a minor, a fixed reasonable period extending to a date after the minor has reached eighteen years of age.

The protective order may include all orders stated in the temporary restraining order and may provide for further relief as the court deems necessary to prevent domestic abuse or a recurrence of abuse, including orders establishing temporary visitation and custody with regard to minor children of the parties and orders to either or both parties to participate in domestic violence intervention services. If the court finds that the party meets the requirements under section 334-43, the court may further order that the party be taken to the nearest facility for emergency examination and treatment.

(b) A protective order may be extended for a further fixed reasonable period as the court deems appropriate, including, in the case where a protective order restrains any party from contacting, threatening, or physically abusing a minor, for a fixed reasonable period extending to a date after the minor has reached eighteen years of age. Upon application by a person or agency capable of petitioning under section 586-3, the court shall hold a hearing to determine whether the protective order should be extended. In making a determination, the court shall consider evidence of abuse and threats of abuse that occurred before the initial restraining order and whether good cause exists to extend the protective order.

The extended protective order may include all orders stated in the preceding restraining order and may provide further relief as the court deems necessary to prevent domestic abuse or a recurrence of abuse, including orders establishing temporary visitation and custody with regard to minor children of the parties and orders to either or both parties to participate in domestic violence intervention services. The court may terminate the extended protective order at any time with the mutual consent of the parties.

(c) If the court denies a protective order or extended protective order, the court may order upon the oral request of the respondent that the protective order or extended protective order petition record be withheld from public inspection; provided that the record shall remain accessible to law enforcement officers without a court order. [L 1987, c 315, §4; am L 1991, c 235, §2; am L 1996, c 199, §1; am L 1998, c 172, §4; am L 2001, c 295, §1; am L 2020, c 18, §3; am L 2021, c 27, §3; am L 2025, c 219, §26]
Haw. Rev. Stat. § 583A-209 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-209
Information to be submitted to court.
Status: in_force

(a) In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:

(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any;

(2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions, and, if so, identify the court, the case number, and the nature of the proceeding; and

(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.

(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

(c) If the declaration as to any of the items described in subsection (a)(1) to (3) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.

(d) Each party shall have a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

(e) Upon a finding, which may be ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, the court shall order that the address of the child or party or other identifying information shall not be disclosed in a pleading or other documents filed in a proceeding under this section. [L 2002, c 124, pt of §2]
Haw. Rev. Stat. § 588-4 — HI Code / Division 3 / Title 31 / Chapter 588 / Section 588-4
Duties of the director.
Status: in_force

The director shall:

(1) Enter into agreements with police departments, departments of the prosecuting attorneys and county corporation counsels, the departments of the attorney general, health, and human services, and other public and private agencies, including agreements for the temporary assignment of appropriate personnel from each agency to the program;

(2) Enter into contracts for the provision of specialized training and continuing education for interviewers of child victims and witnesses from both public and private agencies and providers;

(3) Arrange for interviews of child victims and witnesses in an appropriate setting;

(4) Promote interagency cooperation and coordination, including information sharing and gathering, among the public and private agencies and their providers that deliver investigative, case management, and therapeutic services;

(5) Coordinate the flow of information between the agencies responsible for criminal prosecution and the agencies responsible for protective action in civil proceedings, including those professionals providing services to children and their families;

(6) Arrange for the exchange of information, to include statistical data from public and private agencies involved in child victims' and witnesses' programs and issues;

(7) Develop recommendations and plans for action to assist the public and private agencies involved in cases of child victims and witnesses; and

(8) Prepare and maintain records and reports for the program. [L 1986, c 169, pt of §1; am L 1988, c 141, §59; am L 2001, c 219, §5; am L 2022, c 17, §2]
Haw. Rev. Stat. § 587A-32 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-32
Permanent plan.
Status: in_force

(a) The permanent plan shall:

(1) State whether the permanency goal for the child will be achieved through adoption, legal guardianship, or permanent custody;

(2) Establish a reasonable period of time by which the adoption or legal guardianship shall be finalized;

(3) Document:

(A) A compelling reason why legal guardianship or permanent custody is in the child's best interests if adoption is not the goal; or

(B) A compelling reason why permanent custody is in the child's best interests if adoption or legal guardianship is not the goal;

(4) Establish other related goals, including those pertaining to the stability of the child's placement; education; health; therapy; counseling; relationship with the child's birth family, including visits, if any; cultural connections; and preparation for independent living;

(5) If a child has reached the age of fourteen, describe the services needed to assist the child with the transition from foster care to independent living; and

(6) Describe the methods for achieving the goals and objectives set forth in paragraphs (4) and (5).

(b) A permanent plan prepared for a periodic review hearing or a permanency hearing shall describe:

(1) Progress toward achieving the goal of the plan;

(2) Proposed revisions to the goal of the plan and reasons for the revisions; and

(3) Proposed revisions to the methods for achieving the goals of the plan and objectives and the reasons for the revisions. [L 2010, c 135, pt of §1; am L 2016, c 133, §6]
Haw. Rev. Stat. § 580-17 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-17
[ §580-17] Domestic violence intervention.
Status: in_force

[ §580-17] Domestic violence intervention. Notwithstanding chapter 706 or any other law to the contrary, any sentence for domestic violence intervention specified by section 580-10 shall be imposed by the court, with or without probation.
Haw. Rev. Stat. § 572D-7 — HI Code / Division 3 / Title 31 / Chapter 572D / Section 572D-7
Enforcement; void marriage.
Status: in_force

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Haw. Rev. Stat. § 572D-8 — HI Code / Division 3 / Title 31 / Chapter 572D / Section 572D-8
Limitation of actions.
Status: in_force

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
Haw. Rev. Stat. § 576B-308 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-308
Duty of attorney general.
Status: in_force

(a) If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the individual.

(b) The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this State and take appropriate action for notification of the determination. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 576B-209 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-209
Credit for payments.
Status: in_force

A tribunal of this State shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this State, another state, or a foreign country.
Haw. Rev. Stat. § 576B-312 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-312
Nondisclosure of information in exceptional circumstances.
Status: in_force

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information shall be sealed and shall not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
Haw. Rev. Stat. § 571-52.6 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-52.6
Child support order, judgment, or decree; accident and health or sickness insurance coverage.
Status: in_force

Each order, judgment, or decree under this chapter or chapter 576B, 580, or 584A ordering a person to pay child support shall include the following provisions:

(1) Both the obligor and the obligee are required to file with the state case registry, through the child support enforcement agency, upon entry of the child support order and to update as appropriate, information on the identity and location of the party, including social security number, residential and mailing addresses, telephone number, driver's license number if different from social security number, and name, address, and telephone number of the party's employer; and

(2) The liability of that person for accident and health or sickness insurance coverage when available at reasonable cost. [L 1986, c 332, pt of §4; am L 1997, c 293, §24 and c 295, §3; am L 2019, c 111, §39; am L 2025, c 298, §13]
Haw. Rev. Stat. § 577-7 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-7
Parents' control and duties.
Status: in_force

(a) Parents or, in case they are both deceased, guardians, legally appointed, shall have control over the conduct and education of their minor children. They shall have the right, at all times, to recover the physical custody of their children by habeas corpus. All parents and guardians shall provide, to the best of their abilities, for the discipline, support, and education of their children.

(b) To the extent that the minor child has a beneficial interest in the income or principal of any trust which is applied for such purposes, parents or guardians shall not be required to pay the costs of registration, tuition, books, room and board, and other expenses incurred in connection with the attendance of a minor child at any private grammar, secondary, industrial arts or trade school, or at any college or university, whether or not the college or university is a private institution or is maintained by a state or any subdivision thereof. The power of the family court under sections 580-47 and 580-74 to compel the parties to a divorce or separation to provide for the education of a minor or an adult child shall not be limited by any provision of this subsection. [L 1864, p 47; RL 1925, §3045; am L 1931, c 77, §3; RL 1935, §4513; RL 1945, §12264; RL 1955, §330-5; HRS §577-7; am L 1975, c 77, §1(2); am L 1982, c 84, §1]
Haw. Rev. Stat. § 578-10 — HI Code / Division 3 / Title 31 / Chapter 578 / Section 578-10
Disposition of minor child on discontinuance, withdrawal or denial of petition.
Status: in_force

Upon the discontinuance or withdrawal or denial of any petition for adoption, the court may make appropriate temporary orders concerning the care, custody and control of a minor child involved and may refer the minor child to the department of human services or to another appropriate agency or officer for action as in the case of a minor subject to section 571-11(1). [RL 1945, pt of §12276; am L 1953, c 115, pt of §1; RL 1955, §331-10; am L Sp 1959 2d, c 1, §20; am imp L 1965, c 232, §1; HRS §578-10; am L 1973, c 211, §3(h); am L 1976, c 194, §1(5); am L 1987, c 339, §4]
Haw. Rev. Stat. § 575-4 — HI Code / Division 3 / Title 31 / Chapter 575 / Section 575-4
Evidence; marriage, paternity, etc.
Status: in_force

No other or greater evidence shall be required to prove the marriage of the spouses, or that the defendant is the parent of the child or children, than is required to prove such facts in a civil action. In no prosecution under this chapter shall any statute or rule of law prohibiting the disclosure of confidential communications between spouses apply, and both spouses shall be competent and compellable witnesses to testify against each other to any and all relevant matters, including the fact of such marriage and the parentage of such child or children; provided that neither shall be compelled to give self-incriminating evidence. Proof of the desertion of the spouse, child, or children in destitute or necessitous circumstances, or of neglect or refusal to provide for the support and maintenance of the spouse, child, or children, shall be prima facie evidence that the desertion, neglect, or refusal is wilful.
Haw. Rev. Stat. § 586-25 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-25
Good faith immunity.
Status: in_force

Any law enforcement officer acting in good faith shall be immune from civil or criminal liability in any action arising in connection with enforcement of a valid foreign protective order or a foreign protective order that appears to be authentic on its face pursuant to this part.
Haw. Rev. Stat. § 577A-5 — HI Code / Division 3 / Title 31 / Chapter 577A / Section 577A-5
Limitation of actions.
Status: in_force

Notwithstanding any other law to the contrary, an action to recover any debt founded upon any contract, obligation, or liability made pursuant to this chapter shall not commence until a minor has reached the age of majority, provided that said action shall commence within two years of the date a minor reaches the age of majority.
Haw. Rev. Stat. § 587A-40 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-40
Court records.
Status: in_force

[(a)] The court shall keep a record of all child protective proceedings under this chapter. Written reports, photographs, x-rays, or other information that are submitted to the court may be made available to other appropriate persons, who are not parties, only upon an order of the court. The court may issue this order upon determining that such access is in the best interests of the child or serves some other legitimate purpose.

[(b)] As set forth in rules adopted pursuant to chapter 91 by the department of human services and consistent with applicable laws, the department may disclose information in the court record without order of the court, unless otherwise ordered by the court. [L 2010, c 135, pt of §1]
Haw. Rev. Stat. § 572D-5 — HI Code / Division 3 / Title 31 / Chapter 572D / Section 572D-5
Amendment; revocation.
Status: in_force

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.
Haw. Rev. Stat. § 576E-7 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-7
Failure to request hearing; effect.
Status: in_force

If the parties fail to request a hearing pursuant to section 576E-6, the agency or a hearings officer shall sign the proposed order as the final order in the action.
Haw. Rev. Stat. § 587A-6 — HI Code / Division 3 / Title 31 / Chapter 587A / Section 587A-6
Venue.
Status: in_force

A child protective proceeding under this chapter may be filed in the county in which a child is found or resides when the petition is filed, or in the county in which a parent having legal custody of the child resides or is domiciled when the petition is filed.
Haw. Rev. Stat. § 586-13 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-13
Domestic violence intervention; anger management.
Status: in_force

Notwithstanding chapter 706 or any other law to the contrary, any sentence for a domestic violence intervention or anger management course specified by section 586-4 or section 586-11 shall be imposed by the court, with or without probation.