SB 2149: Domestic Abuse; Mediation; Exemption; Parentage Proceedings; Divorce Proceedings

A BILL FOR AN ACT

RELATING TO FAMILY.

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

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

     "§584A-    Domestic abuse; exemption from mediation in parentage proceedings.  (a)  In contested parentage 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.  The court may order mediation or refer the parties 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 and any other party may have a supporting person designated pursuant to section 658H‑10, including but not limited to an attorney or other individual, to accompany the party and participate in the mediation.

     (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)  The alleged victim of the domestic abuse authorizes mediation;

     (2)  A mediator who is trained in the field of domestic abuse provides mediation in a specialized manner that protects the safety of the alleged victim; and

     (3)  The alleged victim and any other party may have a supporting person designated pursuant to section 658H‑10, including but not limited to an attorney or other individual, to accompany the party and participate in the mediation.

     (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 all of the conditions specified in subsection (b) are met.

     (e)  For the purposes of this section, "domestic abuse" has the same meaning as defined 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.  The court may order mediation or refer the parties 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 and any other party may have a supporting person designated pursuant to section 658H‑10, including but not limited to an attorney or other individual, to accompany the party and participate in the mediation.

     (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 victim of the alleged family violence;] The alleged victim of the domestic abuse authorizes mediation;

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

     (3)  The alleged victim [is permitted to have in attendance at mediation, a supporting person of the victim's choice including but not limited to an attorney or advocate.  If the victim chooses to exercise such option, any other party to the mediation will be permitted to have in attendance at mediation, a supporting person of the party's choice including but not limited to an attorney or advocate.] and any other party may have a supporting person designated pursuant to section 658H-10, including but not limited to an attorney or other individual, to accompany the party and participate in the mediation.

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

     (1)  Mediation is authorized by the victim of the alleged family violence;

     (2)  Mediation is provided in a specialized manner that protects the safety of the victim by a mediator who is trained in family violence; and

     (3)  The victim is permitted to have in attendance at mediation, a supporting person of the victim's choice including but not limited to an attorney or advocate.  If the victim chooses to exercise such option, any other party to the mediation will be permitted to have in attendance at mediation, a supporting person of the party's choice including but not limited to an attorney or advocate.] all of the conditions specified in subsection (b) are met.

     (e)  For the purposes of this section, "domestic abuse" has the same meaning as defined 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:

Domestic Abuse; Mediation; Exemption; Parentage Proceedings; Divorce Proceedings

Description:

Establishes an exemption from mediation in parentage proceedings where there are allegations of domestic abuse.  Clarifies the exemption from mediation in divorce proceedings as it relates to domestic abuse.  (SD1)

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)  The alleged victim of the domestic abuse authorizes mediation;

     (2)  A mediator who is trained in the field of domestic abuse provides mediation in a specialized manner that protects the safety of the alleged victim; and

     (3)  The alleged victim may have a supporting person of the alleged victim's choice, including but not limited to an attorney or other individual designated by the alleged victim pursuant to section 658H-10, in attendance at mediation; provided that if the alleged victim elects this option, any other party to the mediation may have a supporting person of that party's choice, including but not limited to an attorney or other individual designated by the other party pursuant to section 658H-10, in attendance at mediation.

     (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 all of the conditions specified in subsection (b) are met.

     (e)  For the purposes of this section, "domestic abuse" has the same meaning as defined 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 victim of the alleged family violence;] The alleged victim of the domestic abuse authorizes mediation;

     (2)  [Mediation is provided in a specialized manner that protects the safety of the victim by a] A mediator who is trained [in family violence; and] in the field of domestic abuse provides mediation in a specialized manner that protects the safety of the alleged victim; 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] other individual designated by the alleged victim pursuant to section 658H-10, in attendance at mediation; provided that if the alleged victim [chooses to exercise such] elects 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.] other individual designated by the other party pursuant to section 658H-10, in attendance at mediation.

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

     (1)  Mediation is authorized by the victim of the alleged family violence;

     (2)  Mediation is provided in a specialized manner that protects the safety of the victim by a mediator who is trained in family violence; and

     (3)  The victim is permitted to have in attendance at mediation, a supporting person of the victim's choice including but not limited to an attorney or advocate.  If the victim chooses to exercise such option, any other party to the mediation will be permitted to have in attendance at mediation, a supporting person of the party's choice including but not limited to an attorney or advocate.] all of the conditions specified in subsection (b) are met.

     (e)  For the purposes of this section, "domestic abuse" has the same meaning as defined 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:

Domestic Abuse; Mediation; Exemption; Paternity Proceedings; Divorce Proceedings

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. 2807

Honolulu, Hawaii

RE:     S.B. No. 2149

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2149 entitled:

"A BILL FOR AN ACT RELATING TO FAMILY,"

begs leave to report as follows:

     The purpose and intent 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, and two individuals.

     Your Committee received comments on this measure from the Department of the Attorney General and Commission to Promote Uniform Laws.

     Your Committee finds that the State's family courts have championed mediation in numerous types of cases, including divorce and paternity cases.  In cases with domestic abuse allegations, safety concerns have prompted the application of different physical protections and legal process protections, such as the judge's consideration of the allegations before accepting the mediation agreement.  This measure recognizes the possible advantages of mediation while balancing the autonomy of a party to exercise mediation opportunities in paternity cases and applies to these cases the many protections afforded to parties in divorce cases that involve allegations of domestic abuse.

     Your Committee has amended this measure by:

     (1)  Specifying that in contested parentage proceedings or divorce proceedings where there are allegations of domestic abuse, the court may order mediation or refer the parties to mediation only if:

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

          (B)  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

          (C)  The alleged victim and any other party may have a supporting person designated pursuant to section 658H-10, Hawaii Revised Statutes, to accompany the party and participate in the mediation; and

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

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2149, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2149, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,