HB 1283: Paternity Proceedings; Divorce Proceedings; Domestic Abuse; Mediation

A BILL FOR AN ACT

RELATING TO FAMILY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 584, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§584-     Domestic abuse; exemption from mediation in paternity proceedings.  (a)  In contested paternity proceedings where there are allegations of domestic abuse, the court shall not require a party alleging the domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (b)  A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of domestic abuse between the parties.  A mediator shall not engage in mediation when it appears to the mediator, or when either party asserts, that domestic abuse has occurred, unless:

     (1)  Mediation is authorized by the alleged victim of the domestic abuse; and

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in the field of domestic abuse.

     (c)  The court shall not require a party alleging domestic abuse to participate in any component of any mediation program against the wishes of that party if a temporary restraining order or a protective order is in effect with regard to the parties.

     (d)  If a party has alleged domestic abuse and a temporary restraining order or a protective order is not in effect with regard to the parties, the court may order mediation or refer either party to mediation only if:

     (1)  Mediation is authorized by the alleged victim of the domestic abuse; and

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in the field of domestic abuse.

     (e)  As used in this section, "domestic abuse" has the same meaning as in section 586-1."

     SECTION 2.  Section 580-41.5, Hawaii Revised Statutes, is amended to read as follows:

     "§580-41.5  [Battered spouses;] Domestic abuse; exemption from mediation in divorce proceedings.  (a)  In contested divorce proceedings where there are allegations of [spousal] domestic abuse, the court shall not require a party alleging the [spousal] domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (b)  A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of [family violence] domestic abuse between the parties.  A mediator shall not engage in mediation when it appears to the mediator, or when either party asserts, that [family violence] domestic abuse has occurred, unless:

     (1)  Mediation is authorized by the alleged victim of the [alleged family violence;] domestic abuse;

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in [family violence;] the field of domestic abuse; and

     (3)  The alleged victim [is permitted to] may have in attendance at mediation[,] a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate.  If the alleged victim chooses to exercise [such] this option, any other party to the mediation [will be permitted to] may have in attendance at mediation[,] a supporting person of [the] that party's choice, including but not limited to an attorney or advocate.

     (c)  In a proceeding concerning the custody or visitation of a child, if a temporary restraining order or a protective order is in effect[,] with regard to the parties, the court shall not require a party alleging [family violence] domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (d)  In a proceeding concerning the custody or visitation of a child, if [there is an allegation of family violence] a party has alleged domestic abuse and a temporary restraining order or a protective order is not in effect[,] with regard to the parties, the court may order mediation or refer either party to mediation only if:

     (1)  Mediation is authorized by the alleged victim of the [alleged family violence;] domestic abuse;

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in [family violence;] the field of domestic abuse; and

     (3)  The alleged victim [is permitted to] may have in attendance at mediation[,] a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate.  If the alleged victim chooses to exercise [such] this option, any other party to the mediation [will be permitted to] may have in attendance at mediation[,] a supporting person of [the] that party's choice, including but not limited to an attorney or advocate.

     (e)  As used in this section, "domestic abuse" has the same meaning as in section 586-1."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

Paternity Proceedings; Divorce Proceedings; Domestic Abuse; Mediation

Description:

Establishes an exemption from mediation in paternity proceedings where there are allegations of domestic abuse.  Clarifies the exemption from mediation in divorce proceedings as it relates to domestic abuse.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO FAMILY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 584, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§584-     Domestic abuse; exemption from mediation in paternity proceedings.  (a)  In contested paternity proceedings where there are allegations of domestic abuse, the court shall not require a party alleging the domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (b)  A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of domestic abuse between the parties.  A mediator shall not engage in mediation when it appears to the mediator, or when either party asserts, that domestic abuse has occurred, unless:

     (1)  Mediation is authorized by the alleged victim of the domestic abuse;

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in the field of domestic abuse; and

     (3)  The alleged victim may have in attendance at mediation a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate.  If the alleged victim chooses to exercise this option, any other party to the mediation may have in attendance at mediation a supporting person of that party's choice, including but not limited to an attorney or advocate.

     (c)  The court shall not require a party alleging domestic abuse to participate in any component of any mediation program against the wishes of that party if a temporary restraining order or a protective order is in effect with regard to the parties.

     (d)  If a party has alleged domestic abuse and a temporary restraining order or a protective order is not in effect with regard to the parties, the court may order mediation or refer either party to mediation only if:

     (1)  Mediation is authorized by the alleged victim of the domestic abuse;

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in the field of domestic abuse; and

     (3)  The alleged victim may have in attendance at mediation a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate. If the alleged victim chooses to exercise this option, any other party to the mediation may have in attendance at mediation a supporting person of that party's choice, including but not limited to an attorney or advocate.

     (e)  As used in this section, "domestic abuse" has the same meaning as in section 586-1."

     SECTION 2.  Section 580-41.5, Hawaii Revised Statutes, is amended to read as follows:

     "§580-41.5  [Battered spouses;] Domestic abuse; exemption from mediation in divorce proceedings.  (a)  In contested divorce proceedings where there are allegations of [spousal] domestic abuse, the court shall not require a party alleging the [spousal] domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (b)  A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of [family violence] domestic abuse between the parties.  A mediator shall not engage in mediation when it appears to the mediator, or when either party asserts, that [family violence] domestic abuse has occurred, unless:

     (1)  Mediation is authorized by the alleged victim of the [alleged family violence;] domestic abuse;

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in [family violence;] the field of domestic abuse; and

     (3)  The alleged victim [is permitted to] may have in attendance at mediation[,] a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate.  If the alleged victim chooses to exercise [such] this option, any other party to the mediation [will be permitted to] may have in attendance at mediation[,] a supporting person of [the] that party's choice, including but not limited to an attorney or advocate.

     (c)  In a proceeding concerning the custody or visitation of a child, if a temporary restraining order or a protective order is in effect[,] with regard to the parties, the court shall not require a party alleging [family violence] domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (d)  In a proceeding concerning the custody or visitation of a child, if [there is an allegation of family violence] a party has alleged domestic abuse and a temporary restraining order or a protective order is not in effect[,] with regard to the parties, the court may order mediation or refer either party to mediation only if:

     (1)  Mediation is authorized by the alleged victim of the [alleged family violence;] domestic abuse;

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in [family violence;] the field of domestic abuse; and

     (3)  The alleged victim [is permitted to] may have in attendance at mediation[,] a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate.  If the alleged victim chooses to exercise [such] this option, any other party to the mediation [will be permitted to] may have in attendance at mediation[,] a supporting person of [the] that party's choice, including but not limited to an attorney or advocate.

     (e)  As used in this section, "domestic abuse" has the same meaning as in section 586-1."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

Paternity Proceedings; Divorce Proceedings; Domestic Abuse; Mediation

Description:

Establishes an exemption from mediation in paternity proceedings where there are allegations of domestic abuse.  Clarifies the exemption from mediation in divorce proceedings as it relates to domestic abuse.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO FAMILY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 584, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§584-     Domestic abuse; exemption from mediation in paternity proceedings.  (a)  In contested paternity proceedings where there are allegations of domestic abuse, the court shall not require a party alleging the domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (b)  A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of domestic abuse between the parties.  A mediator shall not engage in mediation when it appears to the mediator, or when either party asserts, that domestic abuse has occurred, unless:

     (1)  Mediation is authorized by the alleged victim of the domestic abuse;

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in the field of domestic abuse; and

     (3)  The alleged victim may have in attendance at mediation a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate.  If the alleged victim chooses to exercise this option, any other party to the mediation may have in attendance at mediation a supporting person of that party's choice, including but not limited to an attorney or advocate.

     (c)  The court shall not require a party alleging domestic abuse to participate in any component of any mediation program against the wishes of that party if a temporary restraining order or a protective order is in effect with regard to the parties.

     (d)  If a party has alleged domestic abuse and a temporary restraining order or a protective order is not in effect with regard to the parties, the court may order mediation or refer either party to mediation only if:

     (1)  Mediation is authorized by the alleged victim of the domestic abuse;

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in the field of domestic abuse; and

     (3)  The alleged victim may have in attendance at mediation a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate. If the alleged victim chooses to exercise this option, any other party to the mediation may have in attendance at mediation a supporting person of that party's choice, including but not limited to an attorney or advocate.

     (e)  As used in this section, "domestic abuse" has the same meaning as in section 586-1."

     SECTION 2.  Section 580-41.5, Hawaii Revised Statutes, is amended to read as follows:

     "§580-41.5  [Battered spouses;] Domestic abuse; exemption from mediation in divorce proceedings.  (a)  In contested divorce proceedings where there are allegations of [spousal] domestic abuse, the court shall not require a party alleging the [spousal] domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (b)  A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of [family violence] domestic abuse between the parties.  A mediator shall not engage in mediation when it appears to the mediator, or when either party asserts, that [family violence] domestic abuse has occurred, unless:

     (1)  Mediation is authorized by the alleged victim of the [alleged family violence;] domestic abuse;

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in [family violence;] the field of domestic abuse; and

     (3)  The alleged victim [is permitted to] may have in attendance at mediation[,] a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate.  If the alleged victim chooses to exercise [such] this option, any other party to the mediation [will be permitted to] may have in attendance at mediation[,] a supporting person of [the] that party's choice, including but not limited to an attorney or advocate.

     (c)  In a proceeding concerning the custody or visitation of a child, if a temporary restraining order or a protective order is in effect[,] with regard to the parties, the court shall not require a party alleging [family violence] domestic abuse to participate in any component of any mediation program against the wishes of that party.

     (d)  In a proceeding concerning the custody or visitation of a child, if [there is an allegation of family violence] a party has alleged domestic abuse and a temporary restraining order or a protective order is not in effect[,] with regard to the parties, the court may order mediation or refer either party to mediation only if:

     (1)  Mediation is authorized by the alleged victim of the [alleged family violence;] domestic abuse;

     (2)  Mediation is provided, in a specialized manner that protects the safety of the alleged victim, by a mediator who is trained in [family violence;] the field of domestic abuse; and

     (3)  The alleged victim [is permitted to] may have in attendance at mediation[,] a supporting person of the alleged victim's choice, including but not limited to an attorney or advocate.  If the alleged victim chooses to exercise [such] this option, any other party to the mediation [will be permitted to] may have in attendance at mediation[,] a supporting person of [the] that party's choice, including but not limited to an attorney or advocate.

     (e)  As used in this section, "domestic abuse" has the same meaning as in section 586-1."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Paternity Proceedings; Divorce Proceedings; Domestic Abuse; Mediation

Description:

Establishes an exemption from mediation in paternity proceedings where there are allegations of domestic abuse.  Clarifies the exemption from mediation in divorce proceedings as it relates to domestic abuse.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1070

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1283

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1283, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FAMILY,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish an exemption from mediation in paternity proceedings where there are allegations of domestic abuse; and

     (2)  Clarify the exemption from mediation in divorce proceedings as it relates to domestic abuse.

     Your Committee received testimony in support of this measure from the Judiciary; Hawai‘i State Coalition Against Domestic Violence; Hawai‘i Children's Action Network Speaks!; and two individuals.

     Your Committee finds that in contested paternity and divorce proceedings where allegations of domestic abuse are present, the requirement for mediation can place victims in unsafe and emotionally harmful situations.  The existing mediation process may force parties who have experienced domestic abuse to engage with their abuser in a setting that is not conducive to their safety or well-being.  This measure seeks to address these concerns by exempting parties alleging domestic abuse from mandatory mediation, ensuring that any mediation is conducted under conditions that prioritize the safety of the victim.

     Your Committee has amended this measure by:

     (1)  Clarifying provisions related to the circumstances when a mediator is authorized to engage in mediation in paternity proceedings where there are allegations of domestic abuse; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1283, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1283, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  521

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1283

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Human Services & Homelessness, to which was referred H.B. No. 1283 entitled:

"A BILL FOR AN ACT RELATING TO FAMILY,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish an exemption from mediation in paternity proceedings where there are allegations of domestic abuse; and

     (2)  Clarify the exemption from mediation in divorce proceedings as it relates to domestic abuse.

     Your Committee received testimony in support of this measure from the Judiciary; Hawaiʻi State Coalition Against Domestic Violence; Hawaiʻi Children's Action Network Speaks!; and three individuals.

     Your Committee finds that the legal system plays a critical role in ensuring that survivors of domestic violence are not further harmed during legal proceedings, particularly in paternity and custody cases.  Without proper safeguards, mediation can become another avenue for an abuser to exert control, creating additional emotional and psychological distress for survivors.  This measure addresses these concerns by establishing an exemption from mediation in paternity proceedings where there are allegations of domestic abuse while also clarifying similar exemptions in divorce cases, ensuring that legal proceedings do not become a tool for further abuse.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1283, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1283, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,