HI HB1374

Amends Hawaii Revised Statutes Section 571-46(b) to modify the evidentiary standard for considering a parent's prior misuse of domestic abuse protective orders in child custody determinations.

Changes the standard of proof from "clear and convincing evidence" to "preponderance of the evidence" when establishing that a parent wilfully misused the protection from abuse process under chapter 586.

Allows courts to consider such wilful misuse as a factor in determining the best interests of the child only if it demonstrates the parent cannot cooperate successfully with the other parent in shared responsibilities.

Requires courts to articulate specific findings of fact when relying on this factor and clarifies that voluntary dismissal of a protection from abuse petition alone does not constitute prima facie evidence of wilful misuse.

Becomes effective upon approval and does not affect rights, duties, penalties, or proceedings that existed before the effective date.