This Paternity Package prepared by U.S. Legal Forms, Inc.
Copyright 2016 - U.S. Legal Forms, Inc. http://www.uslegalforms.com
STATE OF HAWAII
PATERNITY CASE PACKET
Uniform Parentage Act
H.R.S. Chapter 584
Control Number – HI –598P
This packet contains the following:
1. Instructions ;
2. Forms ; and
3. Law Summary .
These materials were developed by U.S. Legal Forms, Inc. based upon the statutes in the State of Hawaii. All
Information and Forms are subject to the Disclaimer located at http://www.uslegalforms.com/
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I. EXPLANATION OF PETITION IN PATERNITY
In Hawaii, an action to determine paternity under the Uniform Parentage Act begins with the filing of a
Petition in the Family Court. The Petition must contain certain information. The forms in this packet include the
necessary information for an action to determine parentage in the State of Hawaii.
II. WHAT FORMS ARE INCLUDED
A. Petition in Paternity
B. Summons to Answer Petition
C. Proof of Service
D. Statement of Mailing
E. Motion to Approve Compromise Agreement
F. Compromise Agreement
G. Order Approving Compromise Agreement
H. Motion for Genetic Testing
I. Affidavit in Support of Motion for Genetic Testing
J. Order for Genetic Testing
K. Agreement for Genetic Testing
L. Order for Genetic Testing by Agreement
III. PROCEDURE FOR THE DETERMINATION OF PARENTAGE FOR THE STATE OF Hawaii
A. Preliminary Note:
1. The attached forms may be completed by:
a. Printing the forms and completing by hand. Use black ink and print neatly.
b. Printing the forms and completing using a typewriter.
c. By completing the forms on your computer using a word processing program and then
printing the forms.
2. Use complete names and not initials. Check your spelling carefully, a misspelled word can
delay your name change.
3. Print three (3) complete sets of forms.
4. All forms with a heading – the name of the court, the Petitioner’s name, the case number, and the
name of the document – require that the heading be completed. You will need to add the name
of the court and the full name of the Petitioner. The “Action/Cause/Case No.” will be assigned
by the court clerk at the time of filing.
5. Forms that require your signature and include a notary block MUST be signed in the presence
of the notary or court clerk who will complete the acknowledgement. Use your complete name
– first name, middle name, last name.
6. When a form is filed with the court, request the clerk “file-stamp” one copy of the form for
your file.
7. A Law Summary has been included at the end of this form packet. Review the Law Summary
before beginning the process of completing the forms.
B. Procedure
Step 1: Complete all the forms using complete names – middle names instead of middle initials.
Step 2: File the Petition in the Family Court in the county in which you reside. The Clerk of
the Court will assign a date for the informal hearing and issue the Summons to be
served on the Respondent.
Step 3: If the Respondent is located within the geographical limits of the Circuit Court, you
must arrange for personal service of the Summons and Petition. Service can be made
by: (1) the sheriff or the sheriff's deputy, by some other person specially appointed by
the court for that purpose, or by any person who is not a party and is not less than 18
years of age; or (2) in any county by the chief of police of that county or the chief's duly
authorized subordinate.
If the defendant is not found within the circuit, service may be effectuated by registered
or certified mail, with request for a return receipt and direction to deliver to addressee
only. The return receipt signed by the defendant shall be prima facie evidence that the
defendant accepted delivery of the complaint and summons on the date set forth on
the receipt. Actual receipt by the defendant of the complaint and summons sent by
registered or certified mail shall be equivalent to personal service on the defendant by
an authorized process server as of the date of the receipt.
Step 4: After the Respondent has been served, the next steps are all in preparation for the
Informal Hearing.
Step 5: At this point it is necessary to make a determination whether the Respondent will agree
to an admission of paternity. If not, it will be necessary to have court ordered blood
tests in order to scientifically determine parentage of the minor child(ren).
Step 6: If the Respondent will admit paternity, complete the Compromise Agreement. The
Agreement can then be submitted to the Court at the Informal Hearing. The parties
should be prepared to present to the Court financial information regarding their income,
debts and assets so that the court will have the information necessary to determine
whether the Agreement is reasonable.
Step 7: If a compromise can’t be reached it will be necessary to obtain an Order for Genetic
Testing. The court may, and upon request of a party, will, require the child and the
alleged parent to submit to genetic tests, including blood tests. If the requesting party is
the mother or the alleged father, the court shall require that the request be made
pursuant to a sworn statement either setting forth facts establishing a reasonable
possibility of the requisite sexual contact between the parties or denying paternity
setting forth facts establishing a reasonable possibility of the non-existence of sexual
contact between the parties.
If the Respondent will agree to the testing, prepare the Agreement for Genetic Testing
and the Order for Genetic Testing by Agreement. If the Respondent will not agree to
the testing, prepare the Motion for Genetic Testing, Order for Genetic Testing, and
Affidavit in Support of Motion for Genetic Testing for filing with the Court at the
Hearing.
The results of the genetic testing will be furnished directly to the Court. At that time,
the parties will be informed by the Court of the results. This will generally deal with all
the outstanding issues as to paternity and the matter will be settled by the Court either
dismissing the case or, if the testing confirms paternity in the Respondent, entering an
Order establishing paternity and providing for support to the child(ren).
STATE OF HAWAI’I PETITION Case No.
FAMILY COURT IN
CIRCUIT PATERNITY FC-D NO.
In the Interest of: This document is prepared by
______________________________ Plaintiff Attorney for Plaintiff
Petitioner: Name:
______________________________
______________________________
Address: ______________________________
Respondent/ City, State, Zip:
______________________________
______________________________ Phone: ______________________________
I, __________________________________________ , Petitioner, ask this court to find Petitioner,
Respondent, to be the natural father of the child(ren) named in this Petition, and state that:
1. I am the father mother of the child(ren).
2. Respondent, is the other natural parent of the following child(ren):
Name Present Address Date of Birth Social Security
Number
3. The court has jurisdiction over the Respondent.
4. The minor child(ren) live(s) in this County.
5. a. The child(ren) has/have lived at the following address(es) over the past five (5) years:
Street Address City State Zip Code
b. The name(s) and present address(es) of the person/people with whom the child(ren) has/have lived over the
past five (5) years are:
Name Street Address City and State Zip Code
c. The name(s) and present address(es) of the person/people with whom the child(ren) has/have lived over the
past five (5) years are:
Name Street Address City and State Zip Code
d. The name(s) and present address(es) of the person/people with whom the child(ren) has/have lived over the
past five (5) years are:
Name Street Address City and State Zip Code
e. The name(s) and present address(es) of the person/people with whom the child(ren) has/have lived over the
past five (5) years are:
Name Street Address City and State Zip Code
7. The following proceeding for enforcement, proceedings relating to domestic violence or domestic abuse,
protective orders or restraining orders, termination of parental rights, and adoptions could affect the current
proceeding (court, case number, state, nature of proceeding):
Court Case Number City and State Nature of
Proceedings
8. The following people are not parties in this matter but have physical custody of the child(ren) or claim rights of
parental responsibilities or legal custody or physical custody of, or visitation or parenting time with the
child(ren) (names and addresses of those persons):
Name Street Address City and State Zip Code
9. Each party has a continuing duty to inform the court of any proceeding in this or any other state that could
affect the current proceeding.
10. I seek the following:
Determination that Petitioner Respondent is the father.
Order that the Birth Certificate(s) be changed to show Petitioner Respondent as the father.
Child Support on a monthly basis by income assignment to Petitioner’s Respondent’s employer.
Past child support including birthing expenses.
Medical support for the minor child(ren).
Allocation of parental responsibilities be addressed.
Parenting time be addressed.
Costs be addressed.
11. REQUIRED NOTICE OF PRIOR RESTRAINING ORDERS.
Have any Temporary or Permanent Restraining Orders to prevent domestic abuse or any Criminal Restraining
Orders or Emergency Protection Orders been issued against either party?
No Yes
If your answer was yes, complete the following:
The Restraining Order was Temporary Permanent and issued against ________________________ in
the County of ________________________ , State of ____________ , in case number ____________ .
What was the subject matter of the Restraining Order or Emergency Protection Order:
________________________________________________________________________
Date: ________________________
____________________________________
Petitioner
____________________________________
Address
____________________________________
City, State, Zip Code
____________________________________
(Area Code) Telephone Number (home and
work)
STATE OF __________________
COUNTY OF __________________
I, ______________________________ , declare under oath that I am the father mother of
the minor child(ren) of this action; and, that the statements contained in this PETITION IN PATERNITY are
true to the best of my knowledge and belief.
Subscribed under oath before me on (date) ________________________ .
My commission expires: __________________
____________________________________
Notary Public [Deputy] Clerk of Court
[Seal] ____________________________________
Notary’s Address
____________________________________
Notary’s City, State, Zip
STATE OF HAWAI’I Case No.
FAMILY COURT SUMMONS
CIRCUIT TO ANSWER PETITION FC-D NO.
In the Interest of: This document is prepared by
______________________________ Plaintiff Attorney for Plaintiff
Petitioner: Name: ______________________________
______________________________
Address: ______________________________
Respondent/ City, State, Zip: ______________________________
______________________________ Phone: ______________________________
TO: ____________________________________
YOU ARE HEREBY NOTIFIED that a Petition has been filed in this court in which it is represented
that Petitioner Respondent is the parent of the above named child(ren). In this Petition, it is requested
that the court enter judgment determining paternity, requiring the parents to pay for the support of the
child(ren), enter orders regarding parental responsibilities, and to grant such further relief as the court deems
proper, including requiring you to pay costs of this action.
YOU ARE HEREBY SUMMONED to appear for a hearing in Courtroom ____________ of the Circuit
Court, at the above address, on the (date), at the hour of (time), at which time an Order may be entered requiring you to
pay support and other costs asked in the Petition, a copy of which is attached hereto.
IF YOU FAIL TO APPEAR at the stated time and place, the court may enter judgment finding you to
be the parent of the child, enter child support orders, and address the other issues raised in the Petition.
Date:
THIS SUMMONS SHALL NOT BE PERSONALLY DELIVERED BETWEEN 10:00 P.M. AND 6:00
A.M. ON THE PREMISES NOT OPEN TO THE PUBLIC, UNLESS A JUDGE OF THE DISTRICT
OR CIRCUIT COURTS PERMITS, IN WRITING ON THE SUMMONS, PERSONAL DELIVERY
DURING THOSE HOURS.
FAILURE TO OBEY THE SUMMONS MAY RESULT IN AN ENTRY OF A DEFAULT JUDGMENT
AGAINST THE PERSON SUMMONED.
DATE CLERK OF THE COURT
STATE OF HAWAI’I PROOF Case No.
FAMILY COURT OF
CIRCUIT SERVICE FC-D NO.
In the Interest of: This document is prepared by
Petitioner Attorney for Petitioner
Petitioner:
Name
Address
Respondent/
City, State, Zip
Phone
I served a certified copy of each document identified below by delivering to the following person(s):
PERSON(S)SERVED DATE TIME PLACE
DOCUMENTS SERVED
Petition in Paternity Summons
____________________________________
PLEASE EXPEDITE RETURN OF SERVICE TO FAMILY COURT
DATE POLICE OFFICER’S SIGNATURE BADGE ID NUMBER
DATE OTHER SERVING OFFICER’S SIGNATURE NAME OF SERVING OFFICER
UNSERVED DOCUMENTS: I certify that, despite due and diligent search, I was unable to
locate the person to be served, and therefore the attached documents are being returned as unserved.
STATE OF HAWAI’I Case No.
FAMILY COURT
STATEMENT OF MAILING
CIRCUIT FC-D NO.
In the Interest of: This document is prepared by
Plaintiff Attorney for Plaintiff
Petitioner:
Name
Address
Respondent
City, State, Zip
Phone
I represent that I caused one certified copy each of the Petition in Paternity; Summons to
Answer Petition; and Motion for Service by Mail and Affidavit; Order for Service by Mail; and
____________ , to be mailed by certified or registered mail, return receipt requested, restricted
delivery to:
____________________________________________________________
Respondent’s Name
____________________________________________________________
Respondent’s Address
____________________________________________________________
City, State, Zip
DATE PETITIONER’S SIGNATURE
STATE OF HAWAI’I Case No.
FAMILY COURT MOTION FOR APPROVAL OF
CIRCUIT COMPROMISE AGREEMENT FC-D NO.
In the Interest of: This document is prepared by
______________________________ Plaintiff Attorney for Plaintiff
Petitioner: Name: ______________________________
______________________________
Address: ______________________________
Respondent/ City, State, Zip: ______________________________
______________________________ Phone: ______________________________
I, ______________________________ , Petitioner, hereby requests the Court approve the Compromise Agreement
attached hereto and incorporated herein as though set forth in full, and further state as follows:
1. The Petitioner Respondent, admits that he is the father of the minor child(ren) of this action.
2. The parties have reached a Compromise Agreement that addresses all the issues of child support, visitation,
and parenting.
3. The parties agree that the Compromise is fair and reasonable and request the Court approve the Agreement.
Date: __________________
____________________________________
Petitioner Respondent
Address:
________________________
________________________
________________________
Telephone: ________________________
CERTIFICATE OF SERVICE
I certify that on __________________ (date) the original and one copy of this document were filed with the Court;
and, a true and accurate copy of the MOTION FOR APPROVAL OF COMPROMISE AGREEMENT was served on the other
party by Hand Delivery OR by placing it in the United States mail, postage pre-paid, and addressed to the
following:
TO: ______________________________
______________________________
______________________________
____________________________________
(Your Signature)
COMPROMISE AGREEMENT
STATE OF ____________
COUNTY OF __________________
WHEREAS , ____________________________________ (full legal name), hereinafter
referred to as "Petitioner", and _________________________________ (full legal name),
hereinafter referred to as "Respondent", are the parents of certain minor child(ren); and
WHEREAS , the parties desire to make a mutually acceptable settlement of their rights,
liabilities, obligations regarding child custody, support and visitation; and
WHEREAS , the parties intend that this Agreement shall be binding and effective subject
to approval by the Court in that certain action pending in the __________________ Court for the
State of __________________ , Case Number ____________ , which is an action to determine
parentage involving Petitioner and Respondent; and
NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual benefits and
advantages accruing to each party, the undersigned do hereby solemnly covenant, agree and
contract as set forth above and below and being sworn, certify that the all statements contained
herein are true and correct:
SECTION 1.
CHILD CUSTODY, PARENTAL RESPONSIBILITY, AND VISITATION
A. It is agreed that the Petitioner and the Respondent are the parents of the following
child(ren)
Name Birth date
_________________________ _____________
_________________________ _____________
_________________________ _____________
_________________________ _____________
B. Parental Responsibility Child Custody
Both Petitioner and Respondent are proper persons to have the permanent legal and
physical custody, parental responsibility, care and control of the minor children of the parties.
Petitioner and Respondent shall share the decision-making rights, the responsibilities and the
authority relating to the health, education and welfare of the children, and shall, therefore, make
joint decisions concerning the children’s health, education and welfare. Both Petitioner and
Respondent shall exchange information concerning the health, education and welfare of the
minor children, and shall confer with one another in the exercise of decision-making rights,
responsibilities and authority. Petitioner and Respondent shall have equal access to all medical,
dental and school records concerning the minor children.
However, the parties agree that the best interest of the child(ren) at this time is that
primary parental responsibility and physical custody of the minor child(ren) will be and agree as
follows:
( ) Petitioner shall have primary parental responsibility and custody of the minor
child(ren) of the parties subject to the visitation rights of Respondent.
( ) Respondent shall have primary parental responsibility and custody of the
minor child(ren) of the parties subject to the visitation rights of Petitioner.
( ) Petitioner and Respondent shall have joint primary parental responsibility and
custody of the minor child(ren) of the parties, both legal and physical.
C. Secondary Parental Responsibility, Visitation, or Time Sharing -
General Provisions .
Visitation shall be conducted pursuant the following general provisions:
i) Visitation should be pleasant for the children and for the parent. Visitation should
help the children maintain a good relationship with the non-custodial parent.
ii) Visitation means the visiting parent has the children visit in his or her home
overnight. It may include trips and outings elsewhere.
iii) Visitation schedules shall be followed and the visiting parent shall inform the
other parent when he or she cannot comply with the schedule.
iv) Adjustment of the visitation schedule from time to time may be necessary
according to the children's ages, health and interests.
v) Visitation should provide meaningful personal contact for both the visiting parent
and the children.
vi) Visitation should not be used to check on the other parent and the children should
not be questioned for information about the other parent.
vii) Both parents should strive to agree on matters pertaining to the children, including
discipline, so that one parent is not undermining the other parent's efforts.
viii) It is in the child's best interest for each parent to have a frequent, meaningful and
continuing relationship with their children. For children to make an adequate adjustment
to the dissolution of their parents marriage, the children must be allowed to continue their
relationship with both parents, experience minimal changes in their lifestyle if at all
possible, and not experience post-divorce conflict between their parents.
D. Secondary Parental Responsibility, Visitation, or Time Sharing Schedule.
The non-custodial parent is entitled to reasonable visitation with the minor child (ren).
Petitioner and Respondent adopt the following visitation schedule for the non-custodial parent:
Birth to 1 Year of Age
i) Non-custodial parent shall have four (4) visits with the child per week, with such
contact lasting four (4) hours in length.
ii) If the child is taken from the home of the custodial parent, the child shall be
returned at least one (1) hour before evening bedtime.
iii) Holiday Access
Holiday access takes precedence over the regularly scheduled visitation plan.
The non-custodial parent shall be entitled to the following:
On each child's birthday from 5:00 p.m. until 8.00 p.m.;
Memorial Day Monday from 2:00 p.m. until 6:00 p.m.;
Labor Day Monday from 2:00 p.m. unti1 6:00 p.m.;
Thanksgiving Day from 2:00 p.m. until 6:00 p.m.;
Christmas Day from 2:00 p.m. until 6:00 p.m.;
Independence Day from 2:00 p.m. until 6:00 p.m.;
Mother's Day with Mother from 2:00 p.m. until 4:00 p.m. and Father's Day with
Father from 2:00 p.m. until 4:00 p.m.
1 Year of Age to 5 Years of Age
i) The non-custodial parent shall have access on alternate weekends from Friday at
6:00 p.m. until Sunday at 6:00 p.m.
ii) Additionally, the non-custodial parent shall be permitted one (1) week night each
and every week with the child from 5:30 p.m. until 7:30 p.m.
iii) Holiday Access
Holiday access takes precedence over the regularly scheduled access/visitation
plan.
The non-custodial parent shall be entitled to the following:
In years ending in an odd number:
The night before each child's birthday from 5:00 p.m. until 8:00 p.m.;
Memorial Day Monday from 9:00 a.m. until 6:00 p.m.;
Independence Day from 9:00 a.m. unti16:00 p.m.;
Thanksgiving Day from 9:00 a.m. until 6:00 p.m.;
Christmas Eve from 6:00 p.m. until Christmas Day at 10:00 a.m.;
In years ending in an even number:
Each child's birthday from 5:30 p.m. until 7:30 p.m.;
Easter from 8:00 a.m. unti1 6:00 p.m.;
Labor Day Monday from 9:00 a.m. until 6:00 p.m.;
Halloween evening from 5:30 p.m. until 8:00 p.m.;
Christmas Day from 10:00 a.m. until 7:00 p.m.
iv) Summer Visitation
The non-custodial parent shall have one (1) week of vacation with the children each June,
July and August of each year. The non-custodial parent shall notify the custodial parent in
writing no later than May 1 of each year as to the specific weeks of such summer visitation.
5 Years of Age and Beyond
i) Non-custodial parent shall have access with the child on alternate weekends from
Friday at 6:00 p.m. until Sunday at 6:00 p.m. and on the Wednesday preceding the
weekend access from 5:30 p.m. to 7:30 p.m.
ii) In addition, the non-custodial parent shall have access with the child during the
week immediately following the weekend visitation on Tuesday and Thursday evening
from 5:30 p.m. until 7:30 p.m.
iii) Holiday Access:
Holiday access takes precedence over the regularly scheduled access/visitation
plan.
The non-custodial parent shall be entitled to the following:
In years ending in an odd number:
The night before each child's birthday from 5:00 p.m. to 8:00 p.m.;
Spring Break from Friday at 6:00 p.m. to the Sunday prior to the start of school at
6:00 p.m.;
Memorial Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Monday;
Independence Day from 6:00 p.m. on July 3rd until 6:00 p.m. on July 5th;
Thanksgiving holiday from 6:00 p.m. on Wednesday until 6:00 p.m. on Sunday;
From 6:00 p.m. on December 26th until
6:00 p.m. on January 1st.
In years ending in an even number:
Each child's birthday from 5:30 p.m. until 7:30 p.m.;
Easter weekend from 6:00 p.m. on Good Friday until 6:00 p.m. on Easter Sunday;
Labor Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Monday;
Halloween evening from 5:30 p.m. until 9:00 p.m. Christmas holiday from 6:00
p.m. on December 20th until 6:00 p.m. on December 26th.
iv) Mother's Day/Father's Day
The mother shall have access every Mother's Day weekend from Friday at 6:00 p.m. until
Sunday at 6:00 p.m.; the father shall have access every Father's Day weekend from Friday at
6:00 p.m. until Sunday at 6:00 p.m.
v) Summer Visitation:
The non-custodial parent shall have five (5) weeks of summer visitation with the child to
be taken in no more than two (2) week intervals and with such weekly or two (2) week visits to
be nonconsecutive. The non-custodial parent shall notify the custodial parent in writing no later
than May 1st of each year as to the specific weeks of such summer visitation.
E. Secondary Parental Responsibility, Visitation, or Time Sharing Additional
Provisions.
In exercising visitation rights the following additional provisions apply:
1. Conflicts Between Regular Weekend, Holiday, and Extended Summer
Visitation. Where there is a conflict between a holiday weekend and the regular weekend
visitation, the holiday takes precedence. Thus, if the non-custodial parent misses a regular
weekend because it is the custodial parent's holiday, the regular alternating visitation schedule
will resume following the holiday. If the non-custodial parent received two consecutive
weekends because of a holiday, the child will spend the following weekend with the custodial
parent. When there is a conflict between holiday visitation and extended summer visitation, the
holiday visitation takes precedence. When there is a conflict between regular weekend visitation
and extended summer visitation, extended summer visitation takes precedence.
2. Appropriate Conduct By Parents . Parents shall, at all times, avoid speaking
negatively about each other and should firmly discourage such conduct by relatives or friends.
Each parent should encourage the children to support the other parent. The basic rules of
conduct and discipline established by the custodial parent should be the baseline standard for
both parents, and consistently enforced by both, so that the children do not receive mixed signals.
3. Parental Communication. Parents shall at all times keep each other advised of
their home and work addresses and telephone numbers. So far as possible, all communication
concerning the children shall be conducted between the parents in person, or telephonically at
their residences (and not at their places of employment).
4. Grade Reports and Medical Information. The custodial parent shall provide
the non-custodial parent with grade reports and notices from school as they are received and
shall, consistent with Alaska law, permit the non-custodial parent to communicate concerning the
children directly with the school and with the children's doctors and other professionals, outside
the presence of the custodial parent. Each parent shall immediately notify the other of any
medical emergencies or serious illnesses of the children. The custodial parent shall notify the
non-custodial parent of all school or other events (like Church or Scouts) involving parental
participation. If the children are taking medications, the custodial parent shall provide a
sufficient amount and appropriate instructions.
5. Visitation Clothing. The custodial parent shall send an appropriate supply of the
children's clothing with them, which shall be returned clean (when reasonably possible), with the
children, by the non-custodial parent. The non-custodial parent shall advise, as far in advance as
possible, of any special activities so that the appropriate clothing may be sent.
6. Visitation or Support Disputes. Neither visitation nor child support is to be
withheld because of either parent's failure to comply with a court order. The children have aright
to both support and visitation, neither of which is dependent upon the other. In other words,
failure to pay support does not mean no visitation and no visitation does not mean no support. If
there is a violation of either a visitation or a support order, the exclusive remedy is to apply to the
court for appropriate sanctions.
7. Adjustments to This Visitation Schedule. Although this is a rather specific
schedule, the parties are expected to fairly modify visitation when family necessities, illnesses or
commitments reasonably so require. The requesting party shall give as much notice as
circumstances permit.
8. Pickup and Drop-off. Unless other arrangements are made, the non-custodial
parent shall pick up the children at the times specified and return them at the times specified.
The custodial parent shall have the children ready for visitation at the time they are to be picked
up and shall be present at the home to receive the children at the time they are returned.
Unjustified violations of this provision may result in the offender being subject to contempt of
court. (Commentary: While it is most desirable for the parents to pick up and return the children,
this provision does not prohibit grandparents, current spouses or other appropriate adults known
to the children.)
9. Extracurricular Activities. Children are often involved in sports, lessons, and
other extracurricular activities, which are generally to their benefit and enjoyment. Each parent
shall recognize that a reasonable amount of extracurricular activities are generally assumed to be
in the children's best interests. Each parent should attempt to be flexible in order to
accommodate the children's extracurricular activity schedules as must as reasonably possible,
although extracurricular activities should not supersede summer visitation with non-custodial
parents, nor should they be used as a method by which to deny access to the non-custodial
parent. In recognition of the scheduling difficulties that can be caused by children' s
extracurricular activities, custodial parents should act in good faith in attempting to schedule
such extracurricular activities as not to unreasonably infringe upon the non-custodial parent's
access to the children. Likewise, the non-custodial parent should act in good faith in attempting
to assist in transportation needs and in accommodating the children's extracurricular schedules as
much as reasonably possible. Good faith communication by the parents is essential with regard
to the difficult issue of the scheduling of children's extracurricular activities.
10. Notice of Canceled Visitation. Whenever possible, the non-custodial parent
shall give a minimum of three (3) days notice of intent not to exercise all or part of the scheduled
visitation. When such notice is not reasonably possible, the maximum notice permitted by the
circumstances, and the reason therefore, shall be given. The custodial parent shall give the same
type of notice when good cause exists making the cancellation or modification of scheduled
visitation necessary.
11. Missed Visitation. In the event the non-custodial parent misses visitation as the
result of illness of the child or parent, an emergency, or other such reasonable excuse, the parties
shall make a good faith effort to make up a portion of that visitation within a reasonable period
of time, understanding the importance of the non-custodial parent's continuing and frequent
contact with the children. (Commentary: It is important to remember that illness should not
necessarily deprive the non-custodial parent of visitation with the children. Clearly, a non-
custodial parent can take care of a sick child as well as the custodial parent in many
circumstances.)
12. Custodial Parent's Vacation. Unless otherwise specified, the custodial parent
shall be entitled to a period of vacation with the children no less than that accorded the non-
custodial parent, whose visitation shall abate during the first fourteen days thereof, and thereafter
only so long as distance makes visitation impracticable.
13. Caretaker Provision. As a general rule, each parent shall have the right of first
refusal for childcare or baby sitting needs of the other parent for durations of four hours or more.
Whenever either parent has a need for child care or baby sitting for a duration of four hours or
more, that parent should always make a good faith attempt first to inquire of the other parent,
with as much advance notice as reasonably possible, whether the other parent desires to provide
child care or baby sitting. The other parent is under no obligation to provide the childcare or
baby sitting. If the other parent elects to provide such childcare or baby sitting, it shall be done
at no cost. This provision is intended to provide each parent additional access to the children
whenever reasonably possible.
14. Telephone and Mail Privileges. Each parent shall allow liberal and reasonable
telephone and mail privileges with the children.
15. Medical Reports and Bills. The Custodial parent shall provide copies of all
medical information, and documentation, including bins, within seven (7) days of their receipt
and shall immediately notify the other parent in the event of a medical emergency. Every effort
shall be made for the custodial parent to provide the non-custodial parent with the necessary
information of a medical expense in order to get the bill satisfied. The parent with the medical
insurance shall provide the other parent with a copy of the explanation of benefits within seven
(7) days from the date of receipt of same so that the uninsured portion of the bill can be quickly
calculated and paid within a reasonable period of time.
16. Abatement of Support During Extended Visitation. If the non-custodial
parent's support obligation is current, support shall abate by 50 percent during any visitation of
seven (7) consecutive days or more. If support is not current, the 50 percent that would have
been abated shall be paid and shall apply to the existing arrearage. (Commentary: If the
custodial parent actually receives the full amount of child support during this period and if
support is current, it is the custodial parent's obligation to refund the money immediately to the
non-custodial parent. This alleviates many of the problems that arise when wage-withholding
orders have been issued.)
17. Modification. If the parties mutually agree permanently to change the provisions
of their decree of divorce, they must petition the Court to approve and order that change. In the
event that the parties do not obtain a court order, the Court will not be bound by any alleged
agreement of the parties.
F. Other Provisions.
{explain any other agreed-upon arrangements}
__________________________________________________________________
Neither parent shall take the child(ren) from the custody of the other parent or any child
care provider or other person entrusted by the other parent with the care of the child(ren) without
the agreement of the other party during the other party’s time of parental responsibility or
visitation.
SECTION 2.
CHILD SUPPORT, HEALTH INSURANCE, DENTAL INSURANCE
A. Amount and Person to Pay. ( ) Petitioner ( ) Respondent will pay child
support to ( ) Respondent ( ) Petitioner for the benefit of the minor children of the parties in
the amount of $____________ , per child, every ( ) week ( ) other week ( ) month,
beginning ______________________ {date} and continuing until modified by court order, or
the minor child(ren) becomes an adult, emancipated, marries, dies, otherwise becomes self-
supporting. (Note: Child support is stated in terms of amount per child.)
B. Child Support Arrearage. There currently is a child support arrearage of
$ _________________ for retroactive child support and/or $ for previously
ordered unpaid child support. The total of $ in child support arrearage shall be repaid at
the rate of $ every ( ) week ( ) other week ( ) month, beginning
_______________________, until paid in full including statutory interest.
C. Health Insurance. ( ) Petitioner ( ) Respondent will maintain health
insurance coverage for the parties’ minor child(ren). The party providing coverage will provide
insurance cards to the other party showing coverage. OR ( ) Health insurance is not reasonably
available at this time. Any uninsured/ unreimbursed medical costs for the minor child(ren) shall
be assessed as follows:
( ) a. Shared equally by both parents.
( ) b. Prorated according to the child support guideline percentages.
( ) c. Other {explain} :_____________________________________
__________________________________________________________
As to these uninsured/unreimbursed medical expenses, the party who incurs the expense
shall submit a request for reimbursement to the other party within 30 days, and the other party,
within 30 days of receipt, shall submit the applicable reimbursement for that expense, according
to the schedule of reimbursement set out in this paragraph.
D. Dental Insurance. ( ) Petitioner ( ) Respondent will maintain dental
insurance coverage for the parties’ minor child(ren). The party providing coverage will provide
insurance cards to the other party showing coverage. OR ( ) dental insurance is not reasonably
available at this time. Any uninsured/ unreimbursed dental costs for the minor child(ren) shall be
assessed as follows:
( ) a. Shared equally by both parents.
( ) b. Prorated according to the child support guideline percentages.
( ) c. Other {explain} :____________________________________
______________________________________________________
As to these uninsured/unreimbursed dental expenses, the party who incurs the expense
shall submit a request for reimbursement to the other party within 30 days, and the other party,
within 30 days of receipt, shall submit the applicable reimbursement for that expense, according
to the schedule of reimbursement set out in this paragraph.
E. Life Insurance. ( ) Petitioner ( ) Respondent shall be required to maintain life
insurance coverage for the benefit of the parties’ minor child(ren) in the amount of $
until the youngest child becomes an adult, becomes emancipated, marries, dies, or
otherwise becomes self-supporting.
IRS Income Tax Deduction(s). The parent granted primary residential responsibility or
sole parental responsibility of the parties’ minor child(ren) shall have the benefit of any tax
deductions for the child(ren) or as follows {explain} :
______________________________________________________________________________
______________________________________________________________________________
The other parent will convey any applicable IRS form regarding the income tax
deduction.
F. Other provisions relating to child support (e.g., uninsured medical/dental
expenses, insurance coverage, life insurance to secure child support, orthodontic payments,
college fund, etc.):
_________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
SECTION 3.
ABSENCE OF DURESS OR UNDUE INFLUENCE
The parties agree and state that each has freely and voluntarily entered into this
agreement. This agreement was executed free of any duress, coercion, collusion, or undue
influence. In some instances, it represents a compromise of disputed issues; however, the
parties believe that the terms and conditions of the Agreement are fair and reasonable.
SECTION 4.
ENFORCEMENT
This Agreement may be enforced by actions and proceedings for Contempt of Court, or
attachment and garnishment, for specific performance, or any other remedy legally available to
either Husband or Wife, for the enforcement of the provisions and covenants of this Agreement.
SECTION 5.
BANKRUPTCY
To the extent of any obligation contained herein is discharged in bankruptcy and the non-
bankrupt party is held liable for said debt, the non-bankrupt party shall have the right to petition
a court of competent jurisdiction for spousal support in an amount sufficient to cover any
amounts so discharged.
SECTION 6.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and each party
acknowledges that there are no further agreements not expressly included herein and that this
Agreement may be modified, altered, or amended only in writing, duly signed and notarized by
each in the form of this original.
SECTION 7.
FULLY READ AND UNDERSTAND; INFORMED CONSENT
Each party represents and acknowledges that he or she has fully read this Agreement,
consulted with each other, carefully considered same, and have signed and executed same after
such consultation, that the signing of this Agreement is free and voluntary without force or
collusion by either party or any third party, and that each party signed same with the full
knowledge of said party's rights, obligations, and responsibilities. Each party agrees that they
have had a reasonable opportunity to consult with an attorney of their choice in the negotiation
and preparation of this document, and regarding any divorce proceeding.
SECTION 8.
SEVERABILITY
If any portion of the agreement shall be held to be void, voidable or unenforceable for
any reason, then all the remaining parts or portions shall be construed, implemented and
administered as if such void, voidable or unenforceable portion did not appear herein.
SECTION 9.
CONTROLLING LAW
This Agreement shall be governed, enforced and interpreted according to the laws of the State of
Hawaii.
SECTION 10.
EFFECTIVE DATE; HEIRS AND ASSIGNS
This agreement shall be binding upon the parties and their legal representatives,
successor, heirs and assigns, subject to approval by the Court in which paternity proceedings are
instituted or pending.
EXECUTED AND AGREED ON THE DATES SET FORTH BELOW. I certify that I
have been open and honest in entering into this settlement agreement. I am satisfied with this
agreement and intend to be bound by it.
Dated:
Signature of Petitioner
Printed Name: _____________________________
Address: __________________________________
City, State, Zip:
Telephone Number:
Fax Number:
Dated:
Signature of Respondent
Printed Name:
Address:
City, State, Zip:
Telephone Number:
Fax Number:
STATE OF __________________
COUNTY OF __________________
On this ______ day of ____________ , 20 ______ , before me personally appeared
______________________________ , to me known to be the person (or persons) described in
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
____________________________________
Notary Public
Print Name
My Commission Expires: ____________
STATE OF __________________
COUNTY OF __________________
On this ______ day of ____________ , 20 ______ , before me personally appeared
______________________________ , to me known to be the person (or persons) described in
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
____________________________________
Notary Public
Print Name
My Commission Expires: ____________
STATE OF HAWAI’I Case No.
FAMILY COURT ORDER APPROVING
CIRCUIT COMPROMISE AGREEMENT FC-D NO.
In the Interest of: This document is prepared by
______________________________ Plaintiff Attorney for Plaintiff
Petitioner: Name: ______________________________
______________________________
Address: ______________________________
Respondent/ City, State, Zip: ______________________________
______________________________ Phone: ______________________________
THE COURT, having read and considered the Motion for Approval of Compromise Agreement, having reviewed the case
file and being fully advised in the premises therein, rules as follows:
1. This Court has jurisdiction over the parties under the law.
2. Petitioner and Respondent are the natural parents of the child(ren).
CHILD’S NAME DATE OF BIRTH
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
3. The terms and conditions contained in the Compromise Agreement filed by the Parties is approved and incorporated
herein though set forth in full.
4. That the birth certificate of the child(ren) is at variance with this Decree and new birth certificate shall be issued pursuant
to H.R.S. 584-23 and the child’s last name changed to that of the Petitioner Respondent.
5. OTHER ORDERS: This Court makes further Orders relating to this matter as follows:
________________________________________________________________________
DONE IN OPEN COURT
Date: __________________
____________________________________
JUDGE
STATE OF HAWAI’I Case No.
FAMILY COURT MOTION FOR GENETIC
CIRCUIT TESTING FC-D NO.
In the Interest of: This document is prepared by
______________________________ Plaintiff Attorney for Plaintiff
Petitioner: Name: ______________________________
______________________________
Address: ______________________________
Respondent/ City, State, Zip: ______________________________
______________________________ Phone: ______________________________
I, ______________________________ , ask that the Court Order all parties to submit to genetic testing, and state as
follows:
1. The Petitioner Respondent, denies that he is the father of the minor child(ren) of this action.
2. The Court has authority to order genetic testing.
3. I have contacted ________________________________________________ (name of lab), and have obtained an
appointment for __________________ (date) at ____________ so that all parties may appear for purpose of obtaining
genetic specimens.
4. I have been advised that the cost of this testing will be $ ____________ (total amount for genetic testing).
5. I request that the Court order that the tests be paid as follows:
____________ % Petitioner ____________ % Respondent
6. I also ask that the Court order all parties to cooperate with the testing, and to notify the Petitioner
Respondent that if he fails to do so, the Court may enter orders against him including finding him to be the father of:
Names of Children:
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Date: __________________
____________________________________
Petitioner Respondent
Address:
________________________
________________________
________________________
Telephone: ________________________
CERTIFICATE OF SERVICE
I certify that on __________________ (date) the original and one copy of this document were filed with the Court;
and, a true and accurate copy of the MOTION FOR GENETIC TESTING was served on the other party by
Hand Delivery OR by placing it in the United States mail, postage pre-paid, and addressed to the following:
TO: ______________________________
______________________________
______________________________
____________________________________
(Your Signature)
STATE OF HAWAI’I Case No.
FAMILY COURT AFFIDAVIT IN SUPPORT OF
CIRCUIT GENETIC TESTING FC-D NO.
In the Interest of: This document is prepared by
______________________________ Plaintiff Attorney for Plaintiff
Petitioner: Name: ______________________________
______________________________
Address: ______________________________
Respondent/ City, State, Zip: ______________________________
______________________________ Phone: ______________________________
STATE OF __________________
COUNTY OF __________________
____________________________________ , being duly sworn, deposes and says:
1. I am the petitioner in the within action and submit this affidavit in support of my Motion for Genetic Testing.
2. That the following facts establish a reasonable possibility of the requisite sexual contact between the parties:
________________________________________________________________________
WHEREFORE, I respectfully request that the Court enter an Order requiring the Respondent submit to genetic testing.
Sworn to before me this day of ________________________
____________________________________
Notary Public
STATE OF HAWAI’I Case No.
FAMILY COURT ORDER FOR GENETIC
CIRCUIT TESTING FC-D NO.
In the Interest of: This document is prepared by
______________________________ Plaintiff Attorney for Plaintiff
Petitioner: Name: ______________________________
______________________________
Address: ______________________________
Respondent/ City, State, Zip: ______________________________
______________________________ Phone: ______________________________
THE COURT , having read and considered the Motion For Genetic Testing, having reviewed the case file and
being fully advised in the premises therein, rules as follows:
THE COURT FINDS that it appropriate to grant the motion.
IT IS THEREFORE ORDERED:
1. The parties are ordered to submit to genetic testing and samples to be drawn at ______________________________
on ________________________ at ________________________ .
Name of Lab Date Time
2. The parties shall cooperate with the genetic testing.
3. Costs of genetic testing shall be paid by ___________ % Petitioner __________ % Respondent.
4. Should the Petitioner Respondent fail to comply with said testing, a default order may enter against that party.
5. The matter shall be set for hearing by Petitioner Respondent before this Court, for receipt of testing results once
the results are received.
6. Both parties are ordered to notify the Court, in writing, of any change of address for notice purposes.
DATE: __________________
BY THE COURT:
____________________________________
Judge
STATE OF HAWAI’I Case No.
FAMILY COURT AGREEMENT
CIRCUIT FOR GENETIC TESTING FC-D NO.
In the Interest of: This document is prepared by
______________________________ Plaintiff Attorney for Plaintiff
Petitioner: Name: ______________________________
______________________________
Address: ______________________________
Respondent/ City, State, Zip: ______________________________
______________________________ Phone: ______________________________
Petitioner and Respondent agree to the following:
1. The Respondent requests genetic testing and denies that he is the father of the minor child(ren):
Name of Child(ren) Date of Birth
________________________________________________ ____________________________________
________________________________________________ ____________________________________
________________________________________________ ____________________________________
2. It is agreed that the Child, Petitioner, and Respondent will submit to genetic testing.
3. Costs of genetic testing shall initially be paid by: Petitioner Respondent
4. If the ________________________ fails to appear for the testing, the Court may find him to be the father.
5. The matter will be set for hearing once the test results are received.
6. The parties agree to notify the Court, in writing, of any change of address or employment within ten days of the change.
I have read this agreement, understand the terms and agree to be bound by those terms.
____________________________________ ____________________________________
Petitioner Respondent
STATE OF HAWAII
__________________ COUNTY
Signed before me under oath on this date: __________________ ____________________________________
Notary Public [Deputy] Clerk of Court
____________________________________
[seal] Notary’s Address
____________________________________
Notary’s City, State, Zip
STATE OF HAWAI’I Case No.
FAMILY COURT ORDER FOR GENETIC
CIRCUIT TESTING BY AGREEMENT FC-D NO.
In the Interest of: This document is prepared by
______________________________ Plaintiff Attorney for Plaintiff
Petitioner: Name: ______________________________
______________________________
Address: ______________________________
Respondent/ City, State, Zip: ______________________________
______________________________ Phone: ______________________________
THE COURT, having read the foregoing agreement between the parties regarding genetic testing,
FINDS THAT, the same is fair and not unconscionable, and therefore makes the same an order of the Court.
The parties shall appear for genetic testing as stated in the agreement.
Costs of testing shall be paid by Petitioner Respondent
Date: __________________
BY THE COURT:
____________________________________
HAWAII LAW SUMMARY - PATERNITY CASE
PACKAGE
Note: This summary is not intended to be an all inclusive
discussion of the law applicable to an action to establish
Paternity in the State of Hawaii, but does include basic and other
provisions.
What is an action for "Paternity for Parentage"? An action filed
under the Uniform Parentage Act is called a "paternity" case. The
goal of a paternity case is to establish whether a person is or is
not a natural parent of a child and, if parentage is established,
to determine how the child will be parented and who should help
pay for the support of the child.
Who may bring an action for parentage? A child, or guardian ad
litem of the child, the child's natural mother, whether married or
unmarried at the time the child was conceived, or her personal
representative or parent if the mother has died; or a man alleged
or alleging himself to be the natural father, or his personal
representative or parent if the father has died; or a presumed
father as defined in the Act, or his personal representative or
parent if the presumed father has died; or the child support
enforcement agency,may bring an action for the purpose of
declaring the existence or nonexistence of the father and child
relationship.
Who represents the interests of the child(ren)? The child may be
made a party to the action and may be represented by the child's
general guardian or a guardian ad litem appointed by the court.
The child's mother or father shall not represent the child as
guardian or otherwise.
Are there time limits to the filing of an action to establish
parentage? If the child is the subject of an adoption proceeding,
the action must be brought within thirty days after the date of
the child's birth in any case when the mother relinquishes the
child for adoption during the thirty-day period; or, any time
prior to the date of execution by the mother of a valid consent to
the child's adoption, or prior to placement of the child with
adoptive parents. In all other cases, no later than three years
after the child reaches the age of majority.
What are the jurisdictional prerequisites to filing an action for
parentage in the Hawaii courts? The jurisdiction of the Hawaii
Family Court is very broad. Basically, A person who has sexual
intercourse in the State of Hawaii thereby submits to the
jurisdiction of the courts of the State of Hawaii as to an action
for paternity brought under this chapter with respect to a child
who may have been conceived by that act of intercourse.
Under what circumstances are certain individuals "presumed" to be
the father of the minor child(ren)? A man is presumed to be the
natural father of a child if:
1. The child is born within 300 days of the termination of a
valid marriage or a marriage that was, in fact, invalid but the
parties were acting as though the marriage was valid.
2. After the child's birth, the father and the child's natural
mother have married, or attempted to marry, each other by a
marriage solemnized in apparent compliance with law, although the
attempted marriage is or could be declared invalid, and, either,
(a) the father acknowledged his paternity of the child in writing
filed with the department of health; or (b) with his consent, he
is named as the child's father on the child's birth certificate;
or (c) the father is obligated to support the child under a
written voluntary promise or by court order; or (d), while the
child is under the age of majority, the alleged father receives
the child into his home and openly holds out the child as his
natural child; or (e), parentage is established by genetic
testing; or (f) the father executes a voluntary, written
acknowledgment of paternity of the child signed by him under oath
which is filed with the department of health.
If an action to determine parentage is filed, can the Petitioner
and custodial parent receive court ordered support prior to the
actual determination of parentage? Yes, in all contested
paternity actions where a presumption of paternity as defined in
section 584-4 exists, upon motion by a party, the court will order
temporary support for the child pending a judicial determination
of parentage.
Will the parties be required to submit to genetic testing? The
court may, and upon request of a party, shall, require the child,
mother, or alleged father to submit to genetic tests, including
blood tests. If the requesting party is the mother or the alleged
father, the court shall require that the request be made pursuant
to a sworn statement. The sworn statement made by the party must
either: (1) Allege paternity setting forth facts establishing a
reasonable possibility of the requisite sexual contact between the
parties; or (2) Deny paternity setting forth facts establishing a
reasonable possibility of
