reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-316 Role of law enforcement.

§583A-316 Role of law enforcement.
At the request of the attorney general or county prosecuting attorney, as appropriate, acting under section 583A-315, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the attorney general or county prosecuting attorney with responsibilities under section 583A-315. [L 2002, c 124, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-317 Costs and expenses.

§583A-317 Costs and expenses.
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the attorney general or county prosecuting attorney, as appropriate, and law enforcement officers under section 583A-315 or 583A-316. [L 2002, c 124, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-1 Parent and child relationship defined.

§584-1 Parent and child relationship defined.
As used in this chapter, "parent and child relationship" includes the legal relationship existing between a child and the child's natural mother, between a child and father whose relationship as parent and child is established under this chapter, or between a child and the child's adoptive parents, incident to which the law confers or imposes rights, privileges, duties, and obligations. [L 1975, c 66, pt of §1; gen ch 1985]
Attorney General Opinions
Cited in discussion of hanai children. Att. Gen. Op. 93-1.
Case Notes
By their plain language, §584-3 and this section do not state that this chapter is the exclusive means by which paternity must be established; thus, this chapter is not the exclusive means by which a determination of paternity can be made. 99 H. 1, 52 P.3d 255 (2002).
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-3 How parent and child relationship established.

§584-3 How parent and child relationship established.
The parent and child relationship between a child and:
(1) The natural mother may be established by proof of her having given birth to the child, or under this chapter;
(2) The natural father may be established under this chapter;
(3) An adoptive parent may be established by proof of adoption. [L 1975, c 66, pt of §1]
Case Notes
By their plain language, §584-1 and this section do not state that this chapter is the exclusive means by which paternity must be established; thus, this chapter is not the exclusive means by which a determination of paternity can be made. 99 H. 1, 52 P.3d 255 (2002).
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-6.5 Temporary support order based on probable paternity.

§584-6.5 Temporary support order based on probable paternity.
In all contested paternity actions where a presumption of paternity as defined in section 584-4 exists, upon motion by a party, the court shall order temporary support for the child pending a judicial determination of parentage. [L 1997, c 293, pt of §8]
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-8.5 Paternity determinations from other states and territories. Paternity determinations from other states and territories, whether established through voluntary acknowledgment or through administrative or judicial processes, shall be treated the same as a paternity adjudication in this State. [L 1994, c 26, §1]

§584-8.5
Paternity determinations from other states and territories.
Paternity determinations from other states and territories, whether established through voluntary acknowledgment or through administrative or judicial processes, shall be treated the same as a paternity adjudication in this State. [L 1994, c 26, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-9 Parties; guardian ad litem for minor presumed or alleged father; county attorney or corporation counsel to represent custodial parent or agency; notice to parents.

§584-9 Parties; guardian ad litem for minor presumed or alleged father; county attorney or corporation counsel to represent custodial parent or agency; notice to parents.
(a) The child may be made a party to the action and may be represented by the child's general guardian or a guardian ad litem appointed by the court. The child's mother or father shall not represent the child as guardian or otherwise. Subject to section 584-6(e), the natural mother, each man presumed to be the father under section 584-4, each man alleged to be the natural father, and the child support enforcement agency, if public assistance moneys are or have been paid for the support of the subject child, shall be made parties, or, if not subject to the jurisdiction of the court, shall be given notice of the action in a manner prescribed by the court and an opportunity to be heard.
(b) If it appears to the satisfaction of the court that the natural mother or a man alleged or presumed to be the father of the child is a minor, the court shall also cause notice of the pendency of the proceedings and copies of the pleadings on file to be served upon the legal parent or guardian who has physical custody of the minor. The court may appoint a guardian ad litem to represent the minor in the proceedings. If the legal parent or guardian of any such minor cannot be found, the notice may be served in such manner as the court may direct pursuant to sections 634-21 to 634-24. The court may align the parties.
(c) The county attorney or corporation counsel, upon request of the child support enforcement agency, shall represent the child support enforcement agency. Fees may be charged of the applicant for child support enforcement agency's services as provided for by chapter 576D. [L 1975, c 66, pt of §1; am L 1984, c 230, §2; gen ch 1985; am L 1986, c 235, §2 and c 332, §20; am L 1991, c 224, §2; am L 1992, c 87, §13; am L 1993, c 119, §1; am L 1997, c 294, §6]
Rules of Court
Guardians ad litem, see HFCR rule 17(c).
Parties, see Hawaii Family Court Rules, part A(IV).
Case Notes
No requirement under subsection (a) that the child must be made a party to the paternity proceeding or that a guardian ad litem must be appointed to represent the child's interests in a paternity proceeding. 88 H. 159 (App.), 963 P.2d 1135 (1998).
Cited: 9 H. App. 623, 859 P.2d 922 (1993).
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-10 Pretrial proceedings.

§584-10 Pretrial proceedings.
As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, an informal hearing shall be held. The public shall be barred from the hearing. A record of the proceeding or any portion thereof shall be kept if any party requests, or the court orders. Rules of evidence need not be observed. [L 1975, c 66, pt of §1]
Rules of Court
Pre-trial procedure, see HFCR rule 16.
Case Notes
In a paternity action, §584-13 and this section mandate that an informal, pre-trial hearing be held by the court to evaluate the likelihood of establishing at trial the alleged father as the natural father, to determine whether declaring paternity would be in the best interest of the child, and to recommend settlement to the parties; such a hearing is not required before a court may order genetic testing of the parties. 88 H. 159 (App.), 963 P.2d 1135 (1998).
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-11 Genetic tests.

§584-11 Genetic tests.
(a) The court may, and upon request of a party, shall, require the child, mother, or alleged father to submit to genetic tests, including blood tests. If the requesting party is the mother or the alleged father, the court shall require that the request be made pursuant to a sworn statement. The sworn statement made by the party must either:
(1) Allege paternity setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties; or
(2) Deny paternity setting forth facts establishing a reasonable possibility of the non-existence of sexual contact between the parties. The testing utilized must have a power of exclusion greater than ninety-nine point zero per cent (99.0%) and a minimum combined paternity index of five hundred to one, and shall be performed by an expert qualified as an examiner of genetic markers, appointed by the court. The laboratory performing the testing shall be one approved by an accreditation body designated by the United States Secretary of Health and Human Services.
(b) The court, upon reasonable request by a party, shall order that independent tests be performed by other experts qualified as examiners of genetic markers.
(c) In all cases, the court shall determine the number and qualifications of the experts.
(d) "Genetic test" means the testing of inherited or genetic characteristics (genetic markers) and includes blood testing for paternity purposes.
(e) In any trial brought under this chapter, a report of the facts and results of genetic tests ordered by the court under this chapter shall be admissible in evidence by affidavit of the person whose name is signed to the report, attesting to the procedures followed in obtaining the report. A report of the facts and results of genetic tests shall be admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy, unless objection is made. The genetic testing performed shall be of a type generally acknowledged as reliable by accreditation bodies designated by the United States Secretary of Health and Human Services. An alleged parent or party to the paternity action who objects to the admission of the report concerning the genetic test results must file a motion no later than twenty days after receiving a copy of the report and shall show good cause as to why a witness is necessary to lay the foundation for the admission of the report as evidence. The court may, sua sponte, or at a hearing on the motion determine whether a witness shall be required to lay the foundation for the admission of the report as evidence. The right to call witnesses to rebut the report is reserved to all parties.
(f) Should an original test result be contested, the court shall order further genetic testing with payment of the testing to be advanced and paid for by the contesting party. [L 1975, c 66, pt of §1; am L 1989, c 34, §1; am L 1992, c 139, §1; am L 1994, c 27, §1; am L 1997, c 293, §43]
Rules of Court
Physical and mental examinations, see HFCR rule 35.
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-12 Evidence relating to paternity.

§584-12 Evidence relating to paternity.
Evidence relating to paternity may include:
(1) Evidence of sexual intercourse between the mother and the alleged father at any possible time of conception;
(2) An expert's opinion concerning the statistical probability of the alleged father's paternity based upon the duration of the mother's pregnancy;
(3) Genetic test results, including blood test results, weighted in accordance with evidence, if available, of the statistical probability of the alleged father's paternity;
(4) Medical or anthropological evidence relating to the alleged father's paternity of the child based on tests performed by experts. If a man has been identified as a possible father of the child, the court may, and upon request of a party shall, require the child, the mother, and the man to submit to appropriate tests;
(5) A voluntary, written acknowledgment of paternity;
(6) Bills for pregnancy and childbirth, including medical insurance premiums covering this period and genetic testing, without the need for foundation testimony or other proof of authenticity or accuracy, and these bills shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child;
(7) Evidence of consent to an artificial insemination procedure that resulted in the birth of the child; and
(8) All other evidence relevant to the issue of paternity of the child. [L 1975, c 66, pt of §1; am L 1989, c 34, §2; am L 1996, c 154, §2; am L 1998, c 153, §9; am L 2019, c 12, §2]
Rules of Court
Physical and mental examinations, see HFCR rule 35.
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-14 Civil action.

§584-14 Civil action.
(a) An action under this chapter shall be a civil action governed by the Hawaii rules of civil procedure or the Hawaii family court rules. The mother of the child and the alleged father shall be competent to testify and may be compelled to testify, provided that no criminal prosecution, other than a prosecution for perjury, shall afterwards be had against the mother or the alleged father for or on account of any transaction, matter, or thing concerning which she or he may testify or produce evidence, documentary or otherwise. Sections 584-11 and 584-12 shall apply in any action brought under this chapter.
(b) Testimony relating to sexual access to the mother by an unidentified man at any time or by an identified man at a time other than the probable time of conception of the child shall be inadmissible in evidence, unless offered by the mother.
(c) In an action against an alleged father, evidence offered by him with respect to a man who is not subject to the jurisdiction of the court concerning his sexual intercourse with the mother at or about the probable time of conception of the child shall be admissible in evidence only if he has undergone and made available to the court genetic tests, including blood tests the results of which do not exclude the possibility of his paternity of the child. [L 1975, c 66, pt of §1; am L 1979, c 105, §58; am L 1989, c 34, §4]
Law Journals and Reviews
The Richardson Years: A Golden Age of Law in Hawai`i. 33 UH L. Rev. 71 (2010).
Case Notes
No right to jury trial. 5 H. App. 558, 705 P.2d 535 (1985).
Court properly excluded evidence of sexual access to mother within and without probable conception period; exclusion of sexual access information and preclusion of cross-examination of mother regarding her earlier pregnancy did not violate due process. 6 H. App. 629, 736 P.2d 448 (1987).
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-16 Costs.

§584-16 Costs.
The court may order reasonable fees of counsel, experts, and the child's guardian ad litem, and other costs of the action and pre-trial proceedings, including genetic tests, subject to the provisions of section 584-11(f), to be paid by the parties in proportions and at times determined by the court. The court may order the proportion of any indigent party to be paid by the State, or such person as the court shall direct. [L 1975, c 66, pt of §1; am L 1989, c 34, §5; am L 1997, c 293, §44]
Cross References
Maximum fees for appointed counsel and guardian ad litem, see §571-87.
Case Notes
Party in paternity action may be ordered to pay costs of the action to the department of social services and housing. 5 H. App. 558, 705 P.2d 535 (1985).
No abuse of discretion in award of attorney's fees and costs. 6 H. App. 629, 736 P.2d 448 (1987).
Authorizes reimbursement of costs of service. 8 H. App. 50, 792 P.2d 308 (1990).
Application of section limited to paternity actions. 85 H. 108 (App.), 937 P.2d 949 (1997).
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-17 Enforcement of judgment or order.

§584-17 Enforcement of judgment or order.
(a) If existence of the father and child relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under this chapter or under prior law, the obligation of the father may be enforced in the same or other proceedings by the mother, the child, the public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral, or by any other person, including a private agency, to the extent the person has furnished or is furnishing these expenses.
(b) The court may order support payments to be made to the mother, the child support enforcement agency, or a person, corporation, or agency designated to administer them for the benefit of the child under the supervision of the court.
(c) Wilful failure to obey the judgment or order of the court shall be a civil contempt of the court. All remedies for the enforcement of judgments shall apply to this chapter. When a court of competent jurisdiction issues an order compelling a parent to furnish support, including child support, medical support, or other remedial care, for the parent's child, it shall constitute prima facie evidence of a civil contempt of court upon proof that:
(1) The order was made, filed, and served on the parent or proof that the parent was present in court at the time the order was pronounced; and
(2) The parent did not comply with the order.
An order of civil contempt of court based on prima facie evidence under this subsection shall clearly state that the failure to comply with the order of civil contempt of court may subject the parent to a penalty that may include imprisonment or, if imprisonment is immediately ordered, the conditions that must be met for release from imprisonment. A party may also prove civil contempt of court by means other than prima facie evidence under this subsection. [L 1975, c 66, pt of §1; gen ch 1985; am L 1986, c 332, §22; am L 2008, c 157, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-18 Modification of judgment or order.

§584-18 Modification of judgment or order.
(a) The court shall have continuing jurisdiction to modify or revoke a judgment or order:
(1) For future education and support; and
(2) With respect to matters listed in section 584-15(c) and (d) and section 584-17(b), except that a court entering a judgment or order for the payment of a lump sum or the purchase of an annuity under section 584-15(d) may specify that the judgment or order may not be modified or revoked.
(b) In those cases where child support payments are to continue due to the adult child's pursuance of education, the child support enforcement agency, three months prior to the adult child's nineteenth birthday, shall send notice by regular mail to the adult child and the custodial parent that prospective child support will be suspended unless proof is provided by the custodial parent or adult child, to the child support enforcement agency, prior to the child's nineteenth birthday, that the child is presently enrolled as a full-time student in school or has been accepted into and plans to attend as a full-time student for the next semester a post-high school university, college or vocational school. If the custodial parent or adult child fails to do so, prospective child support payments may be automatically suspended by the child support enforcement agency, hearings officer, or court upon the child reaching the age of nineteen years. In addition, if applicable, the agency, hearings officer, or court may issue an order terminating existing assignments against the responsible parent's income and income assignment orders.
(c) The need to provide for the child's health care needs through health insurance or other means shall be a basis for petitioning for a modification of the support order. [L 1975, c 66, pt of §1; am L 1992, c 212, §4; am L 1997, c 293, §45]
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-19 Right to counsel; free transcript on appeal.

§584-19 Right to counsel; free transcript on appeal.
(a) At a pre-trial hearing and in further proceedings, any party may be represented by counsel. The court may appoint counsel for a party who is financially unable to obtain counsel.
(b) If a party is financially unable to pay the cost of a transcript, the court may furnish on request a transcript for purposes of appeal. [L 1975, c 66, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-20 Hearings and records; confidentiality.

§584-20 Hearings and records; confidentiality.
(a) Notwithstanding any other law concerning public hearings and records, any hearing or trial held under this chapter shall be held in closed court without admittance of any person other than those persons necessary to the action or proceeding. All papers and records pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the department of health or elsewhere, shall be subject to inspection only upon consent of the court and all interested persons, or in exceptional cases only upon an order of the court for good cause shown.
(b) Upon paternity being established, the confidentiality requirement shall not extend to the judgment and all subsequently filed documents that are used in good faith for support and medical expenses, insurance, or enforcement purposes, except that the confidentiality requirement shall continue to apply to any references to a non-adjudicated alleged or presumed father.
(c) Subsections (a) and (b) shall not apply to cases filed on and after January 1, 2021. [L 1975, c 66, pt of §1; am L 1993, c 118, §1; am L 2019, c 225, §3]
Revision Note
"January 1, 2021" substituted for "the effective date of this Act [225], Session Laws of Hawaii 2019" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-20.5 Court filings; minutes of proceedings; posting requirement.

§584-20.5 Court filings; minutes of proceedings; posting requirement.
The judiciary shall post on its website the titles of all court filings and the minutes of court proceedings in cases brought under this chapter; provided that the judiciary shall redact information that has been made confidential by any statute, rule of court, or court order; provided further that, on request of a party and for good cause, the court may close a proceeding and records to the public except that the titles of all court filings for the case and the contents of a final order shall be available for public inspection, with other papers and records available for public inspection only with the consent of the parties or by court order. [L 2019, c 225, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-21 Action to declare mother and child relationship.

§584-21 Action to declare mother and child relationship.
Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this chapter applicable to the father and child relationship shall apply. [L 1975, c 66, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-22 Promise to render support.

§584-22 Promise to render support.
(a) Any promise in writing to furnish support for a child, growing out of a supposed or alleged father and child relationship, shall not require consideration and shall be enforceable according to its terms.
(b) In the best interest of the child or the mother, the court may, and upon request shall, order the promise to be kept in confidence and designate a person or agency to receive and disburse on behalf of the child all amounts paid in performance of the promise. [L 1975, c 66, pt of §1]
Case Notes
Cases under Hawaii uniform parentage act involving written promises for child support are not subject to the court approval specified in §572-22. 87 H. 369 (App.), 956 P.2d 1301 (1998).
Subsection (a) applies in situations where the mother and father are not married to each other. 87 H. 369 (App.), 956 P.2d 1301 (1998).
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-23 Birth records.

§584-23 Birth records.
(a) Upon order of a court of this State or upon request of a court of another state, or following acknowledgment as provided in section [584-4(a)(6)], the department of health shall prepare a new certificate of birth consistent with the findings of the court or in cases of acknowledgment under section [584-4(a)(6)], consistent with the acknowledgment, and shall substitute the new certificate for the original certificate of birth.
(b) The fact that the father and child relationship was declared or acknowledged after the child's birth shall not be ascertainable from the new certificate but the actual place and date of birth shall be shown.
(c) The evidence upon which the new certificate was made and the original birth certificate shall be kept in a sealed and confidential file and be subject to inspection only upon consent of the court and all interested persons, or in exceptional cases only upon an order of the court for good cause shown. [L 1975, c 66, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-23.5 Paternity judgment, acknowledgment, support order; social security number.

§584-23.5 Paternity judgment, acknowledgment, support order; social security number.
The social security number of any individual who is subject to a paternity judgment or acknowledgment, or support order issued under this chapter shall be placed in the records relating to the matter. [L 1997, c 293, pt of §8]
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-23.6 Filing of acknowledgments and adjudications with department of health.

§584-23.6 Filing of acknowledgments and adjudications with department of health.
All voluntary acknowledgments and adjudications of paternity by judicial process shall be filed with the department of health for comparison with information in the state case registry. Filing of the adjudications of paternity shall be the responsibility of the natural mother or such person or agency as the court shall direct. [L 1997, c 293, pt of §8]
2023 Hawaii Revised Statutes › Title 31. Family › 584. Uniform Parentage Act › 584-25 Uniformity of application and construction.

§584-25 Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [L 1975, c 66, pt of §1]
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-2 Court jurisdiction.

§586-2 Court jurisdiction.
(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]
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-3 Order for protection.

§586-3 Order for protection.
(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
Case Notes
Hawaii violation for breach of a protective order is not similar to contempt of court for sentencing purposes. 631 F.3d 1021 (2011).
Based upon plain language of section, family court improperly required complainant to show recent acts of abuse at hearing. 90 H. 76, 976 P.2d 390 (1998).
Family court did not err in issuing the ex parte temporary restraining order and allowing it to remain in force until its expiration where father's threat to hit minor again, in conjunction with the two prior acts of physical harm as well as the allegation of recent psychological abuse, gave rise to a reasonable conclusion that the risk of further harm persisted and that a period of separation was necessary to prevent imminent harm. 125 H. 330 (App.), 260 P.3d 1148 (2011).
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-5.6 Effective date.

§586-5.6 Effective date.
The temporary restraining order shall be effective as of the date of signing and filing; provided that if a temporary restraining order is granted orally in the presence of all the parties and the court determines that each of the parties understands the order and its conditions, if any, then the order shall be effective as of the date it is orally stated on the record by the court until further order of the court. Protective orders orally stated by the court on the record shall be effective as of the date of the hearing if the respondent attends the hearing or, if the respondent was served but failed to appear, then upon service of the protective order upon the respondent until further order of the court; provided that all oral protective orders shall be reduced to writing and issued forthwith. The judiciary shall provide forms which will enable the court to issue all temporary restraining orders forthwith. [L 1987, c 315, §6; am L 1992, c 290, §4; am L 2011, c 85, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-5.8 Transfer or release of domestic abuse victims from shared wireless plans.

§586-5.8 Transfer or release of domestic abuse victims from shared wireless plans.
(a) The court may issue an order requiring a wireless telecommunications service provider, without charge, penalty, or fee, to:
(1) Transfer the billing authority and all rights to the wireless telephone number or numbers of a shared wireless plan to a petitioner who has been granted an order for protection pursuant to this chapter if the petitioner is not the account holder of the shared wireless plan; provided that if the petitioner is not the protected party named in the order for protection, the billing authority and rights to the wireless telephone number or numbers of a shared wireless plan may be transferred to another person who shall serve as the account holder, as requested by or on behalf of the protected party with the protected party's approval; or
(2) Remove or release the petitioner from a shared wireless plan and assign a substitute telephone number or numbers; provided that if the petitioner is not the protected party named in the order for protection, the court may order that the protected party be removed or released from a shared wireless plan and assigned a substitute telephone number or numbers and order a person, as requested by or on behalf of the protected party with the protected party's approval, to be the account holder for the substitute telephone number or numbers.
(b) The order issued pursuant to subsection (a) shall be a separate order that is directed to the wireless telecommunications service provider. The order shall list the name and billing telephone number of the account holder, the name of the person to whom the telephone number or numbers will be transferred, and each telephone number to be transferred.
(c) A cause of action shall not lie against any wireless telecommunications service provider, its officers, employees, or agents for the actions taken that are related to the transfer of the billing authority and rights to the wireless telephone number or numbers in accordance with the terms of a court order issued pursuant to this section.
(d) For purposes of this section:
"Wireless telecommunications service" shall have the same meaning as "commercial mobile radio service" as defined in title 47 Code of Federal Regulations section 20.3.
"Wireless telecommunications service provider" means a provider of wireless telecommunications service. L 2015, c 219, §3; am L 2016, c 9, §2
Cross References
Release of domestic violence victims from shared wireless plans, see §269-16.93.
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-6 Notice of order.

§586-6 Notice of order.
(a) Any order issued under this chapter shall either be personally served upon the respondent, or served by certified mail, unless the respondent was present at the hearing in which case the respondent shall be deemed to have notice of the order. A filed copy of each order issued under this chapter shall be served by regular mail upon the chief of police of each county.
(b) Except as otherwise provided in this chapter or in the order, a law enforcement officer as defined in section 701-118 may use a reliable copy, facsimile telecommunication, or other reliable reproduction of an order issued pursuant to this chapter in lieu of the original order for purposes of this section. Any such copy, facsimile telecommunication, or other reproduction shall be a complete reproduction of the entire original order and may only be transmitted from law enforcement officer to law enforcement officer until served. [L 1982, c 123, pt of §2; am L 1987, c 315, §5; am L 1992, c 290, §5; am L 1993, c 215, §2; am L 1998, c 172, §5; am L 2002, c 123, §1]
Rules of Court
Service, see HFCR rules 4, 5.
Case Notes
Compliance with unambiguous language of section precondition for violation of order for protection under §586-11. 72 H. 493, 824 P.2d 106 (1992).
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-7 Assistance of police in service or execution.

§586-7 Assistance of police in service or execution.
When an order is issued under this chapter upon request of the petitioner, the court may order the police department to serve the order and related documents upon respondent and to accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence. [L 1982, c 123, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-8 Right to apply for relief.

§586-8 Right to apply for relief.
(a) A person's right to apply for relief shall not be affected by the person's leaving the residence or household to avoid abuse.
(b) The court shall not require security or bond of any party unless it deems [it] necessary in exceptional cases. [L 1982, c 123, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-9 Modification of order.

§586-9 Modification of order.
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. [L 1982, c 123, pt of §2; am L 2001, c 212, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-10 Copy to law enforcement agency.

§586-10 Copy to law enforcement agency.
(a) Any order for protection granted pursuant to this chapter shall be transmitted by the clerk of the court within twenty-four hours to the appropriate county police department.
(b) Each county police department shall make available to other law enforcement officers in the same county, through a system for verification, information as to the existence and status of any order for protection issued pursuant to this chapter. [L 1982, c 123, pt of §2; am L 2000, c 186, §5]
Case Notes
Pursuant to this chapter, absent special circumstances, the family court should not be involved in any stage of the prosecution of an allegation of a knowing or intentional violation of a protective order by an adult person, including the stage where the allegations are referred to the police or the prosecutor, other than to simply advise interested parties that the proper place to present such allegations is to the police or the prosecutor, not to the family court. 99 H. 363 (App.), 55 P.3d 856 (2002).
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-10.5 Reports by the department of human services; court responsibilities.

§586-10.5 Reports by the department of human services; court responsibilities.
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. [L 1987, c 315, §7; am L 1988, c 141, §58; am L 1991, c 141, §3; am L 2000, c 186, §6; am L 2004, c 161, §32; am L 2007, c 108, §1; am L 2010, c 135, §7; am L 2023, c 27, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-12 Mutual protective orders.

§586-12 Mutual protective orders.
No protective order shall be entered against the plaintiff in the same petition unless:
(1) The respondent properly files a separate petition; and
(2) The plaintiff has reasonable notice of the filing of the separate petition. [L 2016, c 4, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-13 Domestic violence intervention; anger management.

§586-13
Domestic violence intervention; anger management.
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. [L 2022, c 43, §3; am L 2023, c 23, §3]
Cross References
Domestic violence intervention, see § §580-17 and 709-909.
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-21 Foreign protective orders.

§586-21 Foreign protective orders.
Any valid protective order, as defined in title 18 United States Code section 2266, issued by a court or tribunal of another state, tribe, or territory of the United States, or issued by a court or tribunal of Canada and recognized under chapter 586C, shall be accorded full faith and credit by the courts of this State and shall be enforced as if it were an order issued in this State. [L 2000, c 186, pt of §7; am L 2022, c 107, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-22 Valid protective order.

§586-22 Valid protective order.
(a) A protective order issued by another state, tribe, or territory shall be considered valid if:
(1) The issuing court or tribunal had jurisdiction over the parties and matter under the laws of the state, tribe, or territory; and
(2) The respondent received notice and an opportunity to be heard before the foreign protective order was issued; provided that, in the case of an ex parte order, notice and opportunity to be heard were provided within a reasonable period of time, sufficient to protect the respondent's right to due process.
(b) Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of an out-of-state protective order. [L 2000, c 186, pt of §7]
2023 Hawaii Revised Statutes › Title 31. Family › 586. Domestic Abuse Protective Orders › 586-23 Filing of foreign protective order.

§586-23 Filing of foreign protective order.
A certified copy of a foreign protective order, accompanied by a sworn affidavit that the order remains in effect and has not been vacated or modified, may be filed with the court; provided that no filing fee shall be required. Filing of a foreign protective order with the court shall not be required for enforcement of the foreign protective order in this State. [L 2000, c 186, pt of §7]