HI HB1374

Amends Hawaii Revised Statutes Section 571-46(b) regarding factors courts must consider when determining the best interests of a child in custody decisions.

Changes the evidentiary standard for considering a parent's prior wilful misuse of the protection from abuse process from "clear and convincing evidence" to "preponderance of the evidence."

Allows courts to consider evidence that a parent misused chapter 586 protective orders only if such misuse is established and it shows the parent will not cooperate successfully with the other parent in shared responsibilities for the child.

Requires courts to articulate findings of fact when relying on the misuse factor in best interests determinations.

Specifies that voluntary dismissal of a protection from abuse petition shall not alone constitute prima facie evidence of wilful misuse.