(a) For every action that includes a contested custody of children, both parties or both parents shall develop either a mutually agreed-upon general parenting plan or separate individually-desired parenting plan, and file the plan at the outset of the action.

Terms Used In Hawaii Revised Statutes 571-46.5

  • Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
  • Family violence: means the occurrence of one or more of the following acts by a family or household member, but does not include acts of self-defense:

    (1) Attempting to cause or causing physical harm to another family or household member;

    (2) Placing a family or household member in fear of physical harm; or

    (3) Causing a family or household member to engage involuntarily in sexual activity by force, threat of force, or duress. See Hawaii Revised Statutes 571-2

(b) A parenting plan may include a general outline relating to parental responsibilities and parenting time. A general parenting plan may also allow the parents to develop a more detailed agreement on an informal basis.
(c) A detailed parenting plan may include, but is not limited to, provisions relating to:

(1) Residential schedule;
(2) Holiday, birthday, and vacation planning;
(3) Parental decision-making and responsibility;
(4) Breastfeeding, if applicable;
(5) Information sharing and access;
(6) Relocation of parents;
(7) Telephone access and other means of communication;
(8) Right of first refusal procedures;
(9) Transportation; and
(10) Methods for changing or enforcing the parenting plan and for resolving disputes.
(d) If the parties cannot agree on a parenting plan, the court may:

(1) 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
(2) Develop and file a detailed parenting plan when requested by either of the parties or parents.
(e) The court or the parties may revise and amend the parenting plan from time to time.

  Previous
Next  
 Part V Contents