reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 31. Family › 580. Annulment, Divorce, and Separation › 580-51 Modification of alimony on remarriage.

§580-51 Modification of alimony on remarriage.
(a) Upon the remarriage of a party in whose favor a final decree or order for support and maintenance has been made, all rights to receive and all duties to make payments for support and maintenance shall automatically terminate for all payments due after the date of the remarriage, unless the final decree or order, or an agreement of the parties approved by the final decree or order, provides specifically for the payments to continue after such remarriage.
(b) The remarried party shall file a notice of the remarriage with the court which made the order for support and maintenance and serve within thirty days of such marriage, by personal service or registered or certified mail, a copy of the notice on the former paying party. In any proceeding relating to the payment of support and maintenance to a remarried party, the failure of that party to file a notice of remarriage shall be considered by the court in awarding attorney's fees and costs for the proceeding and in determining reimbursement to the former paying party. [L Sp 1933, c 35, §1; RL 1935, §4478; RL 1945, §12229; RL 1955, §324-40; HRS §580-51; am L 1973, c 211, §5(r); am L 1974, c 65, pt of §2; am L 1983, c 17, §1]
Case Notes
Part of decree ordering defendant to convey property to wife is nonmodifiable because it was a final property division, but that part ordering defendant to make mortgage payments on the property is modifiable as being in nature of support. 54 H. 60, 502 P.2d 380 (1972).
Section mandates termination of entitlement to rental payments that were specified as being in lieu of spousal support. 1 H. App. 57, 613 P.2d 363 (1980).
Effect of cohabitation on spousal support. 5 H. App. 385, 695 P.2d 1194 (1985).
Family court abused its discretion in ordering the complete termination of spousal support and health care insurance upon wife's cohabitation. 134 H. 431 (App.), 341 P.3d 1231 (2014).
2023 Hawaii Revised Statutes › Title 31. Family › 580. Annulment, Divorce, and Separation › 580-52 Marriage after divorce.

§580-52 Marriage after divorce.
Whenever a marriage is dissolved, either party to the divorce may marry again at any time. [CC 1859, §1334; am L 1866, p 3; am L 1870, c 10, §2; am L 1876, c 48, §2; RL 1925, §2982; RL 1935, §4479; RL 1945, §12230; RL 1955, §324-41; HRS §580-52]
Case Notes
Remarriage during pendency of appeal. 37 H. 34 (1944).
2023 Hawaii Revised Statutes › Title 31. Family › 580. Annulment, Divorce, and Separation › 580-71 Grounds for separation.

§580-71 Grounds for separation.
The family court may decree a separation from bed and board for a period not to exceed two years in any matrimonial action upon a petition for separation when the court finds the marriage is temporarily disrupted. [CC 1859, §1336; am L 1903, c 22, §10; RL 1925, §2987; RL 1935, §4484; am L Sp 1941, c 93, §1; RL 1945, §12235; RL 1955, §324-60; HRS §580-71; am L 1973, c 211, §5(s); am L 1976, c 140, §2]
2023 Hawaii Revised Statutes › Title 31. Family › 580. Annulment, Divorce, and Separation › 580-71.5 Separation no bar to divorce.

§580-71.5 Separation no bar to divorce.
Any party to a matrimonial action in which a decree of separation from bed and board has been entered, or any party to an action for separate maintenance in which a decree has been entered, may, notwithstanding the existence of such a decree, institute a matrimonial action and petition for the dissolution of that marriage, on any ground other than those set forth in paragraphs (2) and (3) of section 580-41, and in support of such petition may introduce evidence relating to events and facts occurring and existing both prior and subsequent to the entry of the decree of separation from bed and board in the prior matrimonial action, or the prior action for separate maintenance. [L 1976, c 140, §3]
2023 Hawaii Revised Statutes › Title 31. Family › 580. Annulment, Divorce, and Separation › 580-72 Married persons may bring action in own name.

§580-72 Married persons may bring action in own name.
Whenever any married person has the right to sue for separate maintenance, that person may bring the action in that person's own name. [L 1937, c 45, §1; RL 1945, §12236; RL 1955, §324-61; HRS §580-72; am L 1973, c 211, §5(t); am L 1984, c 265, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 580. Annulment, Divorce, and Separation › 580-74 Support of spouse and children.

§580-74 Support of spouse and children.
Upon decreeing a separation, the court may make such further decree for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as may appear just and proper; provided that the court shall apply the considerations required by section 580-47(a) in formulation of any support decree in any action under this part; and provided further that the court may amend or revise any such decree in the same manner and under the same circumstances as provided for by section 580-47(d). [CC 1859, §1338; am L 1903, c 22, §2; RL 1925, §2989; RL 1935, §4486; RL 1945, §12238; RL 1955, §324-63; HRS §580-74; am L 1973, c 211, §5(u); am L 1974, c 65, pt of §2; am L 1978, c 77, §3]
Case Notes
Order awarding alimony will not be disturbed where there has been no abuse of discretion. 9 H. 352 (1894).
Court cannot upon decreeing separation award specific property as alimony; words "or out of his property" limited by §580-13. 26 H. 128 (1921).
Alimony in gross not allowable upon decree of separation from bed and board. 27 H. 230 (1923).
Liability under order for temporary maintenance despite final decree of separate maintenance. 38 H. 148 (1948).
Considerations when decreeing alimony. 42 H. 279 (1958).
Section does not authorize division of property. 42 H. 279 (1958).
Cited: 31 H. 574, 576 (1930).
2023 Hawaii Revised Statutes › Title 31. Family › 580. Annulment, Divorce, and Separation › 580-75 Status of spouse during separation.

§580-75 Status of spouse during separation.
Every decree of separation shall have the effect of allowing each of the spouses to sue or be sued, to alienate and convey property, to make contracts, and to do all other acts as if the spouse were an unmarried person. [CC 1859, §1339; RL 1925, §2990; RL 1935, §4487; RL 1945, §12339; RL 1955, §324-64; HRS §580-75; am L 1984, c 158, §1]
Case Notes
Effect of separation upon the parties. 42 H. 279 (1958).
2023 Hawaii Revised Statutes › Title 31. Family › 580. Annulment, Divorce, and Separation › 580-76 Revocation or modification of separation decrees.

§580-76 Revocation or modification of separation decrees.
Where a decree of separation from bed and board has been entered, it may be revoked at any time thereafter, under such regulations and restrictions as the court may impose, upon the joint application of the parties, and upon their producing satisfactory evidence of their reconciliation. The court may also, for good cause shown from time to time, increase or decrease the period of separation decreed, provided that the maximum period of separation does not exceed two years from the effective date of the original decree of separation. [CC 1859, §1340; am L 1903, c 22, §2; RL 1925, §2991; RL 1935, §4488; am L Sp 1941, c 93, §2; RL 1945, §12240; RL 1955, §324-65; am L 1965, c 52, §5; HRS §580-76; am L 1973, c 211, §5(v)]
Case Notes
Cited: 27 H. 230, 233 (1923); 38 H. 394, 400 (1949); 42 H. 279, 284 (1958).
2023 Hawaii Revised Statutes › Title 31. Family › 582. Interstate Compact on Juveniles › 582-1.5 Amendment to compact concerning interstate rendition of juveniles alleged to be delinquent.

§582-1.5 Amendment to compact concerning interstate rendition of juveniles alleged to be delinquent.
The governor is authorized and directed to execute, with any other state or states legally joining the same, an amendment to the Interstate Compact on Juveniles in the form substantially as follows:
Amendment to the Interstate Compact on Juveniles,
Concerning Interstate Rendition of Juveniles
Alleged to be Delinquent
(1) This amendment shall provide additional remedies, and shall be binding only as among and between those party states which specifically execute same.
(2) All provisions and procedures of Articles V and VI of the Interstate Compact on Juveniles shall be construed to apply to any juvenile charged with being a delinquent by reason of a violation of a felony. Any juvenile charged with being a delinquent by reason of violating a felony, shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such cases shall be filed in a court of competent jurisdiction in the requesting state where the violation of the felony is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the state before or after the filing of the petition. The requisition described in Article V of the Compact shall be forwarded by the judge of the court in which the petition has been filed. [L 1987, c 129, §1]
2023 Hawaii Revised Statutes › Title 31. Family › 582. Interstate Compact on Juveniles › 582-2 Juvenile compact administrator.

§582-2 Juvenile compact administrator.
Pursuant to the compact, the lieutenant governor shall be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator shall cooperate with all departments, agencies, and officers of and in the government of the State and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by the State thereunder. [L 1955, c 87, §2; RL 1955, §334A-2; am L Sp 1959 2d, c 1, §9; HRS §582-2]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 31. Family › 582. Interstate Compact on Juveniles › 582-3 Supplementary agreements.

§582-3 Supplementary agreements.
The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that the supplementary agreement requires or contemplates the use of any institution or facility of the State or requires or contemplates the provision of any service by the State, the supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of such service. [L 1955, c 87, §3; RL 1955, §334A-3; HRS §582-3]
2023 Hawaii Revised Statutes › Title 31. Family › 582. Interstate Compact on Juveniles › 582-4 Financial arrangements.

§582-4 Financial arrangements.
The compact administrator, subject to the approval of the state comptroller, may make or arrange for any payments necessary to discharge any financial obligations imposed upon the State by the compact or by any supplementary agreement entered into thereunder. [L 1955, c 87, §4; RL 1955, §334A-4; am L 1957, c 152, §1; HRS §582-4]
2023 Hawaii Revised Statutes › Title 31. Family › 582. Interstate Compact on Juveniles › 582-5 Fees.

§582-5 Fees.
Any judge of the State who appoints counsel or guardian ad litem pursuant to the compact may, in the judge's discretion, fix a fee to be paid out of funds available for disposition by the court but no such fee shall exceed the sum of $75. [L 1955, c 87, §5; RL 1955, §334A-5; HRS §582-5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 31. Family › 582. Interstate Compact on Juveniles › 582-6 Reimbursement of public funds expended.

§582-6 Reimbursement of public funds expended.
Any public funds expended for the return of a delinquent juvenile shall be deemed spent for the maintenance of the delinquent juvenile and the parents or legal guardian of the juvenile may be ordered to reimburse the proper governmental agencies pursuant to section 571-24. The compact administrator shall determine the division of costs between departments in cases where public funds are to be expended. [L 1955, c 87, §6; RL 1955, §334A-6; HRS §582-6]
2023 Hawaii Revised Statutes › Title 31. Family › 582. Interstate Compact on Juveniles › 582-7 Responsibilities of state departments, agencies, and officers.

§582-7 Responsibilities of state departments, agencies, and officers.
The courts, departments, agencies, and officers of the State and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions. [L 1955, c 87, §7; RL 1955, §334A-7; HRS §582-7]
2023 Hawaii Revised Statutes › Title 31. Family › 582. Interstate Compact on Juveniles › 582-8 Delinquent child included.

§582-8 Delinquent child included.
The term "delinquent juvenile" as used in the Interstate Compact on Juveniles shall include a minor, subject to section 571-11(1). [L 1955, c 87, §8; RL 1955, §334A-8; am imp L 1965, c 232, §1; HRS §582-8]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-103 Proceedings governed by other law.

§583A-103 Proceedings governed by other law.
This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. [L 2002, c 124, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-104 Application to Indian tribes.

§583A-104 Application to Indian tribes.
(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 United States Code section 1901 et seq., shall not be subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.
(b) A court of this State shall treat a tribe as if it were a state of the United States for the purpose of applying parts I and II.
(c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under part III. [L 2002, c 124, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-105 International application of chapter.

§583A-105 International application of chapter.
(a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying parts I and II.
(b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under part III.
(c) A court of this State need not apply this chapter if the child-custody law of a foreign country violates fundamental principles of human rights. [L 2002, c 124, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-106 Effect of child-custody determination.

§583A-106 Effect of child-custody determination.
A child-custody determination made by a court of this State that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this State or notified in accordance with section 583A-108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. [L 2002, c 124, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-107 Priority.

§583A-107 Priority.
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. [L 2002, c 124, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-108 Notice to persons outside State.

§583A-108 Notice to persons outside State.
(a) Notice required for the exercise of jurisdiction when a person is outside this State may be given in a manner prescribed by the law of this State for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(b) Proof of service may be made in the manner prescribed by the law of this State or by the law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court. [L 2002, c 124, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-109 Appearance and limited immunity.

§583A-109 Appearance and limited immunity.
(a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this State for another proceeding or purpose solely by reason of having participated, or having been physically present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this State on a basis other than physical presence is not immune from service of process in this State. A party present in this State who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c) The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this State. [L 2002, c 124, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-110 Communication between courts.

§583A-110 Communication between courts.
(a) A court of this State may communicate with a court in another state concerning a proceeding arising under this chapter.
(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(d) Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(e) For the purposes of this section, "record" means information that is:
(1) Inscribed on a tangible medium; or
(2) Stored in an electronic or other medium;
and is retrievable in perceivable form. It includes a written summary prepared and approved by the presiding judge and entered into the court record. [L 2002, c 124, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-111 Taking testimony in another state.

§583A-111 Taking testimony in another state.
(a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this State for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b) A court of this State may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this State shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this State by technological means that do not produce an original writing shall not be excluded from evidence on an objection based on the means of transmission. [L 2002, c 124, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-112 Cooperation between courts; preservation of records.

§583A-112 Cooperation between courts; preservation of records.
(a) A court of this State may request the appropriate court of another state to:
(1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence pursuant to procedures of that state;
(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) Forward to the court of this State a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
(5) Order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this State may hold a hearing or enter an order described in subsection (a).
(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this State.
(d) A court of this State shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child-custody proceeding until the child attains eighteen years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records. [L 2002, c 124, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-201 Initial child-custody jurisdiction.

§583A-201 Initial child-custody jurisdiction.
(a) Except as otherwise provided in section 583A-204, a court of this State has jurisdiction to make an initial child-custody determination only if:
(1) This State is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State;
(2) A court of another state does not have jurisdiction under paragraph (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum under section 583A-207 or 583A-208, and:
(A) The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and
(B) Substantial evidence is available in this State concerning the child's care, protection, training, and personal relationships;
(3) All courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child under section 583A-207 or 583A-208; or
(4) No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3).
(b) Subsection (a) shall be the exclusive jurisdictional basis for making a child-custody determination by a court of this State.
(c) Physical presence of, or personal jurisdiction over, a party or a child shall not be necessary or sufficient to make a child-custody determination. [L 2002, c 124, pt of §2]
Case Notes
Discussed: 133 H. 436 (App.), 329 P.3d 341 (2014).
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-202 Exclusive, continuing jurisdiction.

§583A-202 Exclusive, continuing jurisdiction.
(a) Except as otherwise provided in section 583A-204, a court of this State which has made a child-custody determination consistent with section 583A-201 or 583A-203 has exclusive, continuing jurisdiction over the determination until:
(1) A court of this State determines that the child, the child's parents, and any person acting as a parent do not have a significant connection with this State and that substantial evidence is no longer available in this State concerning the child's care, protection, training, and personal relationships; or
(2) A court of this State or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this State.
(b) A court of this State which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 583A-201. [L 2002, c 124, pt of §2]
Case Notes
Where family court correctly concluded that Hawaii no longer had exclusive, continuing jurisdiction because Louisiana "took exclusive jurisdiction over issues pertaining to the custody and support of the children with the consent of both father and mother", Hawaii no longer had jurisdiction and the family court thus had no authority to modify the October 13, 2009 order. 126 H. 58 (App.), 266 P.3d 466 (2011).
Discussed: 133 H. 436 (App.), 329 P.3d 341 (2014).
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-203 Jurisdiction to modify determination.

§583A-203 Jurisdiction to modify determination.
Except as otherwise provided in section 583A-204, a court of this State shall not modify a child-custody determination made by a court of another state unless a court of this State has jurisdiction to make an initial determination under section 583A-201(a)(1) or (2) and:
(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under section 583A-202 or that a court of this State would be a more convenient forum under section 583A-207; or
(2) A court of this State or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state. [L 2002, c 124, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-204 Temporary emergency jurisdiction.

§583A-204 Temporary emergency jurisdiction.
(a) A court of this State has temporary emergency jurisdiction if the child is present in this State and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(b) If there is no previous child-custody determination that is entitled to be enforced under this chapter and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under sections 583A-201 to 583A-203, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 583A-201 to 583A-203. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 583A-201 to 583A-203, a child-custody determination made under this section becomes a final determination, if it so provides, and this State becomes the home state of the child.
(c) If there is a previous child-custody determination that is entitled to be enforced under this chapter, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under sections 583A-201 to 583A-203, any order issued by a court of this State under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 583A-201 to 583A-203. The order issued in this State shall remain in effect until an order is obtained from the other state within the period specified or the period expires.
(d) A court of this State which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under sections 583A-201 to 583A-203, shall immediately communicate with the other court. A court of this State which is exercising jurisdiction pursuant to sections 583A-201 to 583A-203, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. [L 2002, c 124, pt of §2]
2023 Hawaii Revised Statutes › Title 31. Family › 583A. Uniform Child-Custody Jurisdiction and Enforcement Act › 583A-205 Notice; opportunity to be heard; joinder.

§583A-205 Notice; opportunity to be heard; joinder.
(a) Before a child-custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of section 583A-108 must be given to all persons entitled to notice under the law of this State as in child-custody proceedings between residents of this State, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
(b) This chapter does not govern the enforceability of a child-custody determination made without notice or an opportunity to be heard.
(c) The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this chapter are governed by the law of this State as in child-custody proceedings between residents of this State. [L 2002, c 124, pt of §2]
2023 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).
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]