Hawaii Revised Statutes 583a. Uniform Child-Custody Jurisdiction and Enforcement Act

PART I. GENERAL PROVISIONS

• 583a-101 Short Title.
  This chapter may be cited as the Uniform Child-Custody Jurisdiction and Enforcement Act. [L 2002, c 124, pt of §2]
• 583a-102 Definitions.
  In this chapter: "Abandoned" means left without provision for reasonable and necessary care or supervision. "Child" means an individual who has not attained eighteen years...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...

PART II. 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)...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...

PART III. ENFORCEMENT

• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 583a-308 Expedited Enforcement of Child-Custody Determination.
  (a) A petition under this part shall be verified. Certified copies of all orders sought to be enforced and of any order confirming registration...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...

Last modified: October 27, 2016