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HI SB2409

Bill

Status

Engrossed

2/16/2016

Primary Sponsor

Gil Keith-agaran

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Origin

Senate

2016 Regular Session

AI Summary

  • Removes "grandparents" from the general visitation provision in Section 571-46(a)(7) to establish a separate framework for grandparent visitation rights.

  • Amends Section 571-46.3 to require courts find three conditions before awarding grandparent visitation: (1) Hawaii is the child's home state, (2) visitation is in the child's best interest, and (3) denial of visitation would cause significant harm to the child.

  • Establishes a rebuttable presumption that a parent's decision regarding grandparent visitation is in the child's best interest, which can only be overcome by preponderance of evidence showing denial would cause significant harm.

  • Requires grandparent visitation awards to follow the same standards, considerations, and procedures as parent visitation under Section 571-46.

  • Makes violations of grandparent visitation orders subject to court sanctions in accordance with Section 571-81.

Legislative Description

Child Custody; Grandparent Visitation

Last Action

Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and none excused (0).

3/14/2016

Committee Referrals

Judiciary3/14/2016
Human Services2/17/2016
Judiciary and Labor1/27/2016

Full Bill Text

No bill text available