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HI HB1451
Bill
Status
1/29/2015
Primary Sponsor
Justin Woodson
Click for details
AI Summary
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Amends Hawaii Revised Statutes Section 571-46(b) regarding factors courts consider when determining the best interest of the child in custody cases
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Changes the standard of proof for establishing willful misuse of domestic abuse protective orders from "clear and convincing evidence" to "preponderance of the evidence"
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Allows courts to consider a parent's prior willful misuse of protection from abuse petitions as a factor only if such misuse is proven to show the parent cannot cooperate successfully with the other parent on shared child responsibilities
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Clarifies that voluntary dismissal of a protection from abuse petition alone shall not constitute prima facie evidence of willful misuse
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Takes effect upon approval with no retroactive effect on proceedings begun before enactment
Legislative Description
Family Court; Child Custody; Best Interests of the Child; Domestic Abuse Protective Orders
Last Action
Carried over to 2016 Regular Session.
12/17/2015