STAND. COM. REP. NO. 1490

Honolulu, Hawaii

, 2005

RE: S.B. No. 556

S.D. 2

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 556, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FAMILY COURT,"

begs leave to report as follows:

The purpose of this bill is to improve the process for child custody determinations by, among other things:

(1) Requiring both parties to a child custody dispute to develop a mutually agreed-upon or separate parenting plan, to be filed with the divorce complaint or answer;

(2) Requiring the court to:

(A) Develop and file a detailed parenting plan upon request by either of the parties when the parties are unable to agree on a parenting plan;

(B) Make written findings for every order issued regarding the custody of a minor child, including orders applying to or rebutting any statutory presumptions; and

(C) Award custody in a manner that allows frequent, continuing, and meaningful contact with both parents, if possible;

(3) Allowing the court to appoint a custody evaluator or investigator, in addition to a guardian ad litem, to represent the interests of the child in a custody dispute;

(4) Requiring the guardian ad litem, custody evaluator, or investigator to inform the court if the child expresses a preference regarding any parenting plan, custody, or visitation issues;

(5) Creating a rebuttable presumption that joint custody is in the best interests of the minor child, where joint custody is sought by either parent or party in an action for annulment, divorce, or separation; and

(6) Providing that in cases where the rebuttable presumption for joint custody is inconsistent with other presumptions or standards, the best interests of the child and safety of the parties take precedence.

The Children's Rights Council of Hawaii and numerous concerned individuals testified in support of this bill. The Legal Aid Society of Hawaii, Domestic Violence Clearinghouse and Legal Hotline, Hawaii State Coalition Against Domestic Violence, and three concerned individuals opposed this measure. The Judiciary and three concerned individuals offered comments.

Your Committee finds that this measure is aimed at encouraging shared parenting in child custody determinations. However, numerous concerns have been raised regarding the various provisions of this bill, including, among other things:

(1) The burden on Family Court judges of being required to make written findings for every order issued regarding child custody;

(2) The potential for parental pressures on children if a guardian ad litem, custody evaluator, or investigator is required to inform the court if the child expresses a preference regarding any parenting plan, custody, or visitation issues; and

(3) The application of a rebuttable presumption favoring joint custody in every child custody dispute whenever joint custody is requested by either party, regardless of the particular circumstances of each individual case.

Your Committee notes the effective date of this bill is July 1, 2050, and finds that this measure merits further discussion.

Accordingly, your Committee has amended this bill by deleting its contents except for the provisions requiring parties to a child custody dispute to develop and file a parenting plan.

Your Committee has further amended this bill by:

(1) Clarifying that the parties are required to file the parenting plan at the outset of every action that includes a contested custody of children, rather than only with a divorce complaint or answer;

(2) Specifying that a detailed parenting plan may include provisions relating to breastfeeding, if applicable;

(3) Deleting reference to provisions relating to sharing child-related expenses not otherwise specified, from the list of provisions that may be included in a detailed parenting plan;

(4) Providing that if the parties cannot agree on a parenting plan, the court may:

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

(B) Develop and file a detailed parenting plan when requested by either of the parties;

(5) Allowing the court or the parties to revise and amend the parenting plan from time to time; and

(6) Making technical, nonsubstantive amendments for clarity and style.

 

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 556, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 556, S.D. 2, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

SYLVIA LUKE, Chair