reglab/housing_qa huggingface dataset:
HI Rev Stat § 583A-206 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-206 Simultaneous proceedings.

  §583A-206 Simultaneous proceedings. (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] Case Notes  Where the family court made the initial child-custody determination several years before a petition was filed in a Florida court, thereby granting Hawaii exclusive, continuing jurisdiction, this section was not relevant to the proceedings because: (1) this section is not applicable where there is a state with already-established, exclusive, continuing jurisdiction; and (2) even assuming that there was concurrent jurisdiction with Florida, this section contains a "first in time" rule, so Florida could not have exercised jurisdiction unless Hawaii first declined because it determined that Florida was a more convenient forum. 133 H. 436 (App.), 329 P.3d 341 (2014).
HI Rev Stat § 583A-207 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-207 Inconvenient forum.

  §583A-207 Inconvenient forum. (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] Case Notes  Discussed: 133 H. 436 (App.), 329 P.3d 341 (2014).
HI Rev Stat § 583A-208 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-208 Jurisdiction declined by reason of conduct.

  §583A-208 Jurisdiction declined by reason of conduct. (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]
HI Rev Stat § 583A-209 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-209 Information to be submitted to court.

  §583A-209 Information to be submitted to court.  (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]
HI Rev Stat § 583A-210 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-210 Appearance of parties and child.

  §583A-210 Appearance of parties and child. (a) In a child-custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child. The court may order any person who is in this State and who has physical custody or control of the child to appear in person with the child.  (b) If a party to a child-custody proceeding whose presence is desired by the court is outside this State, the court may order that a notice given pursuant to section 583A-108 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.  (c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.  (d) If a party to a child-custody proceeding who is outside this State is directed to appear under subsection (b) or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child. [L 2002, c 124, pt of §2]
HI Rev Stat § 583A-301 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-301 Definitions.

  §583A-301 Definitions.  In this part:  "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction, or enforcement of a child-custody determination.  "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction, or enforcement of a child-custody determination. [L 2002, c 124, pt of §2]
HI Rev Stat § 583A-302 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-302 Enforcement under Hague Convention.

  §583A-302 Enforcement under Hague Convention. 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. [L 2002, c 124, pt of §2]
HI Rev Stat § 583A-303 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-303 Duty to enforce.

  §583A-303 Duty to enforce. (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]
HI Rev Stat § 583A-304 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-304 Temporary visitation.

  §583A-304 Temporary visitation. (a) A court of this State which does not have jurisdiction to modify a child-custody determination, may issue a temporary order enforcing:  (1) A visitation schedule made by a court of another state; or  (2) The visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule.  (b) If a court of this State makes an order under subsection (a)(2), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in part II. The order remains in effect until an order is obtained from the other court or the period expires. [L 2002, c 124, pt of §2]
HI Rev Stat § 583A-305 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-305 Registration of child-custody determination.

  §583A-305 Registration of child-custody determination. (a) A child-custody determination issued by a court of another state may be registered in this State, with or without a simultaneous request for enforcement, by sending to the appropriate court in this State:  (1) A letter or other document requesting registration;  (2) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and  (3) Except as otherwise provided in section 583A-209, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child-custody determination sought to be registered.  (b) On receipt of the documents required by subsection (a), the registering court shall cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form. [L 2002, c 124, pt of §2]
HI Rev Stat § 583A-306 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-306 Enforcement of registered determination.

  §583A-306 Enforcement of registered determination. (a) A court of this State may grant any relief normally available under the law of this State to enforce a registered child-custody determination made by a court of another state.  (b) A court of this State shall recognize and enforce, but may not modify, except in accordance with part II, a registered child-custody determination of a court of another state. [L 2002, c 124, pt of §2]
HI Rev Stat § 583A-307 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-307 Simultaneous proceedings.

  §583A-307 Simultaneous proceedings. 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. [L 2002, c 124, pt of §2]
HI Rev Stat § 583A-309 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-309 Service of petition and order.

  §583A-309 Service of petition and order. 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. [L 2002, c 124, pt of §2]
HI Rev Stat § 583A-310 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-310 Hearing and order.

  §583A-310 Hearing and order. (a) Unless the court issues a temporary emergency order pursuant to section 583A-204, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:  (1) The issuing court did not have jurisdiction under part II;  (2) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under part II; or  (3) 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.  (b) The court may award the fees, costs, and expenses authorized under section 583A-312 and may grant additional relief, including a request for the assistance of law enforcement officers, and set a further hearing to determine whether additional relief is appropriate.  (c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.  (d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this part. [L 2002, c 124, pt of §2]
HI Rev Stat § 583A-311 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-311 Warrant to take physical custody of child.

  §583A-311 Warrant to take physical custody of child. (a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this State.  (b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this State, it may issue a warrant to take physical custody of the child. The petition shall be heard on the first judicial day possible. The application for the warrant must include the statements required by section 583A-308(b).  (c) A warrant to take physical custody of a child must:  (1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;  (2) Direct law enforcement officers to take physical custody of the child immediately; and  (3) Provide for the placement of the child pending final relief.  (d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.  (e) A warrant to take physical custody of a child is enforceable throughout this State. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.  (f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian. [L 2002, c 124, pt of §2]
HI Rev Stat § 583A-312 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-312 Costs, fees, and expenses.

  §583A-312 Costs, fees, and expenses. (a) The court may award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, 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 or expenses are sought establishes that the award would be clearly inappropriate.  (b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter. [L 2002, c 124, pt of §2]
HI Rev Stat § 583A-313 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-313 Recognition and enforcement.

  §583A-313 Recognition and enforcement.  A court of this State shall accord full faith and credit to an order issued by another state and consistent with this chapter, which enforces a child-custody determination by a court of another state, unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under part II. [L 2002, c 124, pt of §2]
HI Rev Stat § 583A-314 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-314 Appeals.

  §583A-314 Appeals.  An appeal may be taken from a final order in a proceeding under this part in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 583A-204, the enforcing court shall not stay an order enforcing a child-custody determination pending appeal. [L 2002, c 124, pt of §2]
HI Rev Stat § 583A-315 (2021)
2021 Hawaii Revised Statutes|Title 31. Family|583A. Uniform Child-Custody Jurisdiction and Enforcement Act|583A-315 Role of attorney general and of prosecuting attorneys.

  §583A-315 Role of attorney general and of prosecuting attorneys. (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]