Haw. Rev. Stat. § 571-47 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-47
Determination of parentage of child born in wedlock.
Status: in_force

Whenever, in any action involving the custody or support of a child apparently born in lawful wedlock, the parentage of the child is placed in issue, the court may make the child a party to the action, if not already a party, and shall thereupon determine the parentage of the child as one of the issues in the action. The court shall appoint a guardian ad litem to represent the interests of the child and may assess the reasonable fees and expenses of the guardian ad litem as costs of the action, payable in whole or in part by any or all parties as the circumstances may justify. In the event the child is not made a party to the action, a determination that the child was not born to parents married to each other at the time of the child's birth shall not be binding upon the child.
Haw. Rev. Stat. § 576D-2 — HI Code / Division 3 / Title 31 / Chapter 576D / Section 576D-2
Designation of child support enforcement agency; duties.
Status: in_force

There is created the child support enforcement agency for the State as required under Title IV-D. The agency shall be within the department of the attorney general. The child support enforcement agency shall:

(1) Be responsible for formulating the state child support enforcement plan as required under Title IV-D; and

(2) Administer this chapter consistent with Title IV-D and applicable state laws. [L 1986, c 332, pt of §2; am L 1996, c 13, §16]
Haw. Rev. Stat. § 576B-302 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-302
Proceeding by minor parent.
Status: in_force

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
Haw. Rev. Stat. § 571-8.3 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-8.3
Disqualification; absence; vacancy.
Status: in_force

Whenever it is advisable, by reason of a vacancy in the office of district family judge of any circuit, or by reason of the disqualification of any district family judge, or the district family judge's inability to attend to the district family judge's duties by reason of temporary absence, or for any other reason, the chief justice of the supreme court may designate the district family judge of any other circuit or any district judge appointed pursuant to chapter 604 to hear and determine any or all matters then or thereafter pending in the district family court to which the district family judge or district judge is called for such purpose, and while so engaged, the district family judge or district judge shall have and exercise all of the powers of a regularly appointed district family judge of the circuit to which the district family judge or district judge is called.
Haw. Rev. Stat. § 580-47.5 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-47.5
Notice to parties with children.
Status: in_force

When a party files for divorce and there are minor children involved, or when a party institutes a proceeding under chapter 576D or 576E, the court or the office of child support hearings shall provide notice to each party informing them of the opportunity to enter into an alternative arrangement for direct payment of child support under chapter 576D. A party may petition the court at any time, under chapter 576D or 576E, to opt out of the child support enforcement agency system and such a petition shall be assigned priority on the docket and be acted on expeditiously by the court.
Haw. Rev. Stat. § 577-20 — HI Code / Division 3 / Title 31 / Chapter 577 / Section 577-20
Arrest, when in such places.
Status: in_force

If any keeper of any of the public places enumerated in section 577-19 finds difficulty in clearing the keeper's premises of school children, the keeper may call in the assistance of the police, who shall first order all such school children to return to their homes; and, if the order is not obeyed by the children, the police shall, subject to chapter 571, proceed to apprehend all children who have not proceeded to their homes.
Haw. Rev. Stat. § 580-13 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-13
Security and enforcement of maintenance and alimony.
Status: in_force

Whenever the court makes an order or decree requiring a spouse to provide for the care, maintenance, and education of children, or for an allowance to the other spouse, the court may require the person subject to such order or decree to give reasonable security for such maintenance and allowance. Upon neglect or refusal to give the security, or upon default of the person subject to such order or decree and such person's surety to provide the maintenance and allowance, the court may sequester such person's personal estate, and the rents and profits of such person's real estate, and may appoint a receiver thereof and cause such person's personal estate and the rents and profits of such person's real estate to be applied towards such maintenance and allowance, as to the court shall from time to time seem just and reasonable. [CC 1859, §1333; am L 1903, c 22, §2; RL 1925, §2981; RL 1935, §4477; RL 1945, §12228; RL 1955, §324-39; HRS §580-13; am L 1973, c 211, §5(h); am L 1974, c 65, pt of §2]
Haw. Rev. Stat. § 577D-1 — HI Code / Division 3 / Title 31 / Chapter 577D / Section 577D-1
Definitions.
Status: in_force

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

"Licensed health care practitioner" includes dentists licensed under chapter 448, physicians licensed under chapter 453, physician assistants licensed under chapter 453, and advanced practice registered nurses licensed under chapter 457.

"Minor without support" means a person who is at least fourteen years of age but less than eighteen years of age who is not under the care, supervision, or control of a parent, custodian, or legal guardian.

"Primary medical care and services" means health services that include screening, counseling, immunizations, medication, and treatment of illnesses and medical conditions customarily provided by licensed health care practitioners in an outpatient setting. As used in this chapter, "primary medical care and services" does not include invasive care, such as surgery, that goes beyond standard injections, laceration care, or treatment of simple abscesses. [L 2007, c 35, pt of §2]
Haw. Rev. Stat. § 583A-307 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-307
Simultaneous proceedings.
Status: in_force

If a proceeding for enforcement under this part is commenced in a court of this State and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under part II, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
Haw. Rev. Stat. § 583A-107 — HI Code / Division 3 / Title 31 / Chapter 583A / Section 583A-107
Priority.
Status: in_force

If a question of existence or exercise of jurisdiction under this chapter is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
Haw. Rev. Stat. § 576B-712 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-712
Personal information; limit on use.
Status: in_force

Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.
Haw. Rev. Stat. § 571-52.3 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-52.3
Immediate income withholding.
Status: in_force

In any case where child support is an issue, and an order for child support is established or modified, and the obligor receives income on a periodic basis, the court shall concurrently enter an order for immediate income withholding which shall operate as an assignment by the person to the child support enforcement agency for the benefit of the child of such amounts at such times as may be specified in the support order. Such order may also include child support arrears and reimbursement of debt pursuant to section 346-37.1. The provisions of section 571-52.2(d), (e), (f), (g), (l), (m), and (n) shall apply to all orders for immediate income withholding issued under this section.
Haw. Rev. Stat. § 571-62 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-62
Hearing; investigation and report.
Status: in_force

Every petition under section 571-61 shall be filed in duplicate and the clerk of the court in which the same is filed shall immediately forward a copy of the petition, and of the notice of the time and place of the hearing thereof, to the director of the department of human services. The director shall be permitted to appear and be heard at any such hearing on behalf of the petitioner or the child or minor or the State and shall have the same right of appeal as any party to the proceeding. The attorney general shall, at the request of the director, represent and defend the interests of the department in any such proceeding. Upon the request of any petitioning parent or parents or upon the request of the department of human services, any child-placing organization, approved by the department under section 346-17, shall be permitted to appear together with or in place of the department.

If any petitioner or the department or any such child-placing organization approved by the department or any parent whose rights are sought to be terminated requests of the court a continuance of the hearing for the purpose of permitting an objective investigation of the circumstances of the minor and the parent or parents concerned, no judgment of termination shall be entered prior to the expiration of thirty days from the date of the request or until the earlier date of the filing of a report of the investigation. If the petition has been filed by or at the request of the department of human services or any such child-placing organization, or, in the event that a continuance has been requested as above provided, the department of human services shall prepare or procure and file in the termination proceeding a report of the facts disclosed as a result of investigation of the circumstances of the minor and the parent or parents whose rights are sought to be terminated. The court may, for good cause, grant extensions of the time within which such report must be filed. Any such report shall be incorporated in the record of the proceeding and shall be considered by the court in determining the issues presented by the petition. The court may, if it deems such action necessary, appoint a guardian ad litem to represent and defend the interests of the child or minor or of any minor parent. [L 1965, c 232, pt of §1; Supp, §333-30; HRS §571-62; am L 1970, c 105, §5; am L 1987, c 339, §4; am L 1990, c 34, §34]
Haw. Rev. Stat. § 586-26 — HI Code / Division 3 / Title 31 / Chapter 586 / Section 586-26
Penalties.
Status: in_force

Any violation of a foreign protective order entitled to full faith and credit under this part is a misdemeanor. The court shall sentence a person convicted under this section as follows:

(1) For a first conviction for violation of the protective order, the person shall serve a mandatory minimum jail sentence of forty-eight hours but not more than thirty days and be fined not less than $150 nor more than $500; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine; and

(2) For a second and any subsequent conviction for violation of the protective order, the person shall serve a mandatory minimum jail sentence of thirty days and be fined not less than $250 nor more than $1,000; provided that the court shall not sentence a defendant to pay a fine unless the defendant is or will be able to pay the fine.

Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may stay the imposition of the sentence if special circumstances exist. [L 2000, c 186, pt of §7]
Haw. Rev. Stat. § 587D-6 — HI Code / Division 3 / Title 31 / Chapter 587D / Section 587D-6
Authority to reunite; placement.
Status: in_force

(a) Upon receiving custody of a newborn child who has been discharged from a hospital that received the newborn child pursuant to section 587D‑3, the department may reunite the newborn child with the newborn's parents.

(b) The department may:

(1) Search for relatives of the newborn child as a placement or permanency option; or

(2) Implement other placement requirements that give a preference to relatives;

provided that the department has information as to the identity of the newborn child, the newborn child's mother, or the newborn child's father. [L Sp 2007, c 7, pt of §2]
Haw. Rev. Stat. § 576B-702 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-702
Applicability.
Status: in_force

This article applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this article is inconsistent with Articles 1 through 6, this article controls.
Haw. Rev. Stat. § 572B-1 — HI Code / Division 3 / Title 31 / Chapter 572B / Section 572B-1
Definitions.
Status: in_force

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

"Agent" means the person or persons appointed as an agent or agents by the department of health pursuant to section 572-5.

"Civil union" means a union between two individuals established pursuant to this chapter.

"Partner" means an individual who is a party to a civil union established pursuant to this chapter. [L 2011, c 1, pt of §2]
Haw. Rev. Stat. § 576B-316 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-316
Special rules of evidence and procedure.
Status: in_force

(a) The physical presence of a nonresident party who is an individual in a tribunal of this State is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

(b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this State.

(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.

(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from outside this State to a tribunal of this State by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

(f) In a proceeding under this chapter, a tribunal of this State shall permit a party or witness residing outside this State to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this State shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.

(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.

(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]
Haw. Rev. Stat. § 577E-5 — HI Code / Division 3 / Title 31 / Chapter 577E / Section 577E-5
Meetings.
Status: in_force

The meetings of the commission shall be subject to the requirements of chapter 92.
Haw. Rev. Stat. § 576B-202 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-202
Duration of personal jurisdiction.
Status: in_force

Personal jurisdiction acquired by a tribunal of this State in a proceeding under this chapter or other law of this State relating to a support order continues as long as a tribunal of this State has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by sections 576B-205, 576B-206, and 576B-211.
Haw. Rev. Stat. § 576E-15 — HI Code / Division 3 / Title 31 / Chapter 576E / Section 576E-15
Guidelines to be followed.
Status: in_force

When an administrative order establishes or modifies the amount of child support required to be paid by a party, the guidelines established under section 576D-7 shall be applied, except when exceptional circumstances warrant departure. The most current guidelines shall be used to calculate the amount of the child support obligation.
Haw. Rev. Stat. § 571-54 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-54
Appeal.
Status: in_force

An interested party, aggrieved by any order or decree of the court, may appeal to the intermediate appellate court for review of questions of law and fact upon the same terms and conditions as in other cases in the circuit court, and review shall be governed by chapter 602, except as hereinafter provided. Where the decree or order affects the custody of a child or minor, the appeal shall be heard at the earliest practicable time. In cases under section 571-11, the record on appeal shall be given a fictitious title, to safeguard against publication of the names of the children or minors involved.

The stay of enforcement of an order or decree, or the pendency of an appeal, shall not suspend the order or decree of the court regarding a child or minor, or discharge the child or minor from the custody of the court or of the person, institution, or agency to whose care the child or minor has been committed, unless otherwise ordered by the family court or by the appellate court after an appeal is taken. Pending final disposition of the case, the family court or the appellate court, after the appeal is taken, may make such order for temporary custody as is appropriate in the circumstances. If the appellate court does not dismiss the proceedings and discharge the child or minor, it shall affirm or modify the order of the family court and remand the child or minor to the jurisdiction of the court for disposition not inconsistent with the appellate court's finding on the appeal.

An order or decree entered in a proceeding based upon section 571-11(1), (2), or (6) shall be subject to appeal only as follows:

Within twenty days from the date of the entry of any such order or decree, any party directly affected thereby may file a motion for a reconsideration of the facts involved. The motion and any supporting affidavit shall set forth the grounds on which a reconsideration is requested and shall be sworn to by the movant or the movant's representative. The judge shall hold a hearing on the motion, affording to all parties concerned the full right of representation by counsel and presentation of relevant evidence. The findings of the judge upon the hearing of the motion and the judge's determination and disposition of the case thereafter, and any decision, judgment, order, or decree affecting the child and entered as a result of the hearing on the motion, shall be set forth in writing and signed by the judge. Any party aggrieved by any such findings, judgment, order, or decree shall have the right to appeal therefrom to the intermediate appellate court, upon the same terms and conditions as in other cases in the circuit court, and review shall be governed by chapter 602; provided that no such motion for reconsideration shall operate as a stay of any such findings, judgment, order, or decree unless the judge of the family court so orders; and provided further that no informality or technical irregularity in the proceedings prior to the hearing on the motion for reconsideration shall constitute grounds for the reversal of any such findings, judgment, order, or decree by the appellate court. [L 1965, c 232, pt of §1; Supp, §333-28; HRS §571-54; am L 1973, c 211, §1(g); am L 1979, c 111, §21; am L 1983, c 27, §1 and c 171, §3; gen ch 1985; am L 2004, c 202, §54; am L 2006, c 3, §1 and c 94, §1; am L 2010, c 109, §1]
Haw. Rev. Stat. § 572-27 — HI Code / Division 3 / Title 31 / Chapter 572 / Section 572-27
Persons as sureties.
Status: in_force

All persons, upon attaining their majority, and having the necessary property qualifications as by law required, may act, serve, and be sureties on all bonds and undertakings required under the laws of the State.
Haw. Rev. Stat. § 580-56 — HI Code / Division 3 / Title 31 / Chapter 580 / Section 580-56
Property rights following dissolution of marriage.
Status: reserved

(a) Every decree of divorce which does not specifically recite that the final division of the property of the parties is reserved for further hearing, decision, and orders shall finally divide the property of the parties to such action.

(b) Following the entry of a decree of divorce in any matrimonial action in which the final division of the property of the parties to the action is reserved for further hearings, decisions, and orders, notwithstanding the provisions of section 560:2-802, or any other provisions of the law to the contrary, each party to the action shall continue to have all of the rights to and interests in the property of the other party to the action as provided by chapters 533 and 560, or as otherwise provided by law, to the same extent the party would have had the rights or interests if the decree of divorce had not been entered, until the entry of a decree or order finally dividing the property of the parties to the matrimonial action, or as provided in subsection (d).

(c) When a party to a matrimonial action has remarried following the entry of a decree of divorce, in which the final division of the property of the parties is reserved for further hearings, decisions, and orders, but before the entry of a decree or order finally dividing the property owned by the parties to that action, notwithstanding the provisions of chapters 533 and 560, the spouse of the remarried party shall have none of the rights or interests in the former spouse's real property or personal estate as provided in chapters 533 and 560, or as otherwise provided by law, until the time as a decree or order finally dividing the property owned by the parties or either of them as of the effective date of the entry of the decree of divorce dissolving the party's prior marriage shall be entered. Upon the entry of a decree or order finally dividing the property of the parties to a matrimonial action in which a decree of divorce has been entered, the spouse of a party to the action who has remarried shall have all of the rights of a spouse as provided by chapters 533 and 560, or as otherwise provided by law, in and to the property of the former spouse vested in the spouse by the decree or order finally dividing the property of the parties or either of them, as of the effective date of the entry of the decree of dissolution of the prior marriage.

(d) Following the entry of a decree of divorce, or the entry of a decree or order finally dividing the property of the parties to a matrimonial action if the same is reserved in the decree of divorce, or the elapse of one year after entry of a decree or order reserving the final division of property of the party, a divorced spouse shall not be entitled to dower or curtesy in the former spouse's real estate, or any part thereof, nor to any share of the former spouse's personal estate. [CC 1859, §1332; RL 1925, §2986; RL 1935, §4483; RL 1945, §12234; RL 1955, §324-45; HRS §580-56; am L 1973, c 192, §2; am L 1983, c 209, §1; am L 2023, c 160, §13]
Haw. Rev. Stat. § 577E-4 — HI Code / Division 3 / Title 31 / Chapter 577E / Section 577E-4
Duties.
Status: in_force

The commission shall serve in an advisory capacity to state agencies to promote healthy family relationships between parents and children. In addition, the commission may make recommendations on programs, services, and contracts relating to children and families, and may:

(1) Act as a central clearinghouse and coordinating body for governmental and nongovernmental activities and information relating to the promotion of healthy families;

(2) Identify promising best practices that support and engage both parents in the emotional and financial support of their children;

(3) Identify obstacles that impede or prevent the involvement of fathers in the lives of their children;

(4) Raise public awareness of the consequences that the absence of the father may cause in a child's life;

(5) Recommend policies and practices, both within and without state government, that sustain and reengage fathers in the lives of their children;

(6) Promote, foster, encourage, and otherwise support programs designed to educate and train young men who are both current and future fathers as to effective parenting skills, behaviors, and attitudes;

(7) Promote, foster, encourage, and otherwise support programs that promote fatherhood;

(8) Promote, foster, encourage, and otherwise support programs that counter poverty and low income by increasing the capacity of fathers to overcome personal challenges and become productive, independent, and financially responsible contributors to their family; and

(9) Do any and all things necessary to carry out its duties and the purposes of this chapter. [L 2003, c 156, pt of §2; am L 2005, c 148, §2; ree L 2006, c 232, pt of §1; am L 2007, c 190, §1]
Haw. Rev. Stat. § 571-93 — HI Code / Division 3 / Title 31 / Chapter 571 / Section 571-93
Duty to cooperate and disclose information.
Status: in_force

(a) Both the deploying parent and other parent shall cooperate with and provide information to each other in an effort to reach a mutually agreeable resolution regarding custody of and visitation with the child.

(b) A deploying parent shall provide a copy of the deploying parent's orders to the other parent promptly before deployment. Notification to the other parent shall be made at least sixty days prior to the likely start of the deployment if known, or within ten days of the deploying parent's receipt of the deploying parent's deployment orders. If fewer than ten days' notice is received by the deploying parent, then notice shall be given immediately upon receipt of the deployment orders.

(c) The court may consider the deploying parent's timeliness in disclosing an impending deployment under this section to the other parent when making any orders under this part, unless a delay or failure to disclose was necessitated by valid military or operational security concerns. [L 2010, c 177, pt of §2]
Haw. Rev. Stat. § 576B-503 — HI Code / Division 3 / Title 31 / Chapter 576B / Section 576B-503
Employer's compliance with two or more income withholding orders.
Status: in_force

If an obligor's employer receives two or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.