Report Title:

Visitation Enforcement

 

Description:

Permits the special court trustee to recommend that $100 be assessed against a parent who interferes with visitation by failing to keep a scheduled visit without timely notifying the other parent of cancelation or by failing to reschedule a canceled visit within a reasonable time.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

571

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to children.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 571-51.5, Hawaii Revised Statutes, is amended to read as follows:

     "§571-51.5  [Modification of support] Child support and visitation decrees[.]; modification and enforcement.  (a)  The special court trustee may assist any parent, guardian, or custodian materially affected by a court order or decree with the modification of any provision of the order or decree pertaining to child support payments or with the enforcement of visitation rights; provided the special court trustee may assist in modifying child support payments only upon finding, after investigation, reasonable cause to believe that the relative financial condition between the obligor and the person who receives the child support payments has substantially changed.  For purposes of this section, [such] a substantial change has occurred if:

     (1)  The obligor has involuntarily suffered a material reduction in financial resources; or

     (2)  The person who receives child support payments has enjoyed a material increase in financial resources.

     (b)  The special court trustee may conduct an investigation for the purposes of [subsection]:

     (1)  Subsection (a) [where] if a person notifies the special court trustee that the relative financial condition between the obligor and the person who receives the child support payments has substantially changed[.]; and

     (2)  Subsection (i) if a person notifies the special court trustee that a parent has interfered with visitation by failing to keep a scheduled visit without timely notifying the other parent of cancelation or by failing to reschedule a canceled visit within a reasonable time.

     (c)  The special court trustee may [utilize] use the services of public or private social agencies in conducting investigations under this section and in making the written findings to the court.  [Such] The written findings shall be received in evidence under the same conditions as would those of the special court trustee.

     (d)  The special court trustee shall submit findings and recommendations pertaining to the modification of child support payments or enforcement of visitation rights in writing to the court after investigation under subsection (b).  The special court trustee shall provide copies of the findings and recommendations to all persons materially affected by the proposed modification or enforcement.  Any person materially affected by the proposed modification or enforcement who opposes the findings and recommendations shall file a written objection with the court or the clerk of the court no later than fifteen days after receipt of the findings and recommendations.

     (e)  When warranted, the court shall hold a hearing on the recommendations of the special court trustee no later than thirty days after the expiration of the fifteen-day period under subsection (d).

     (f)  Whenever the court, in accordance with this section, approves in full or in part the recommendations of the special court trustee, the court, within a period of not more than ten days after the hearing, shall modify the decree or order to reflect the approved recommendations.

     (g)  Court costs, service fees, and the expenses of any investigation conducted by the special court trustee, in the discretion of the court, may be assessed wholly or partially against any parent, guardian, or custodian.

     (h)  Nothing in this section shall be construed to the effect that child support and visitation compliance be conditioned upon each other.  Each shall be treated as an independent right of the child as well as of a parent.

     (i)  With regard to the enforcement of visitation rights, if after investigation under subsection (b), the special court trustee determines that either the custodial parent or noncustodial parent has interfered with visitation by failing to keep a scheduled visit without timely notifying the other parent of cancelation or by failing to reschedule a canceled visit within a reasonable time, the special court trustee may include in the findings and recommendations under subsection (d) that $100 per occurrence be assessed against the parent who interfered with visitation.  The court may approve the recommendation in full or in part pursuant to subsection (f).  Any moneys assessed pursuant to this subsection shall be deposited into the parent education special fund established pursuant to section 607‑5.6."

     SECTION 2.  Section 607-5.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  In addition to the fees prescribed under section 607‑5 for a matrimonial action where either party has a minor child, [or] a family court proceeding under chapter 584, or for interfering with visitation under section 571‑51.5(i), the court shall collect a surcharge of $50 at the time of filing the initial complaint or petition.  In cases where the surcharge has been initially waived, the court may collect the surcharge subsequent to the filing with such surcharge to be assessed from either party or apportioned between both parties."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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