Honolulu, Hawaii



RE:    S.B. No. 2054

       S.D. 2




Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii




     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2054, S.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure is to amend the best interest of the child criteria and procedures the family court must consider in making a custody or visitation determination concerning a minor child.


     Testimony in support of this measure was submitted by the Hawaii State Coalition Against Domestic Violence, Statewide VOICES, State Commission on Fatherhood, and eight private individuals.  Your Committee received comments from the Judiciary with a suggested additional amendment to the measure.


     This measure recognizes the impact of domestic violence on determining the best interest of the child.  Your Committee finds that the Committee on Human Services and Public Housing, in its review of this measure, disallowed consideration of each parent's cooperation to meet the child's ongoing needs, interests, and schedule, where family violence has been committed by a parent.  Your Committee has considered the suggestion made by the Judiciary that a parent's "willingness" to maintain family connections also should not be considered when domestic violence has been committed by a parent. 


     Accordingly, your Committee has amended this measure by:


     (1)  Providing that each parent's willingness to allow the child to maintain family connections through family events and activities shall not be considered in determining the best interest of the child, where the court has determined that family violence has been committed by a parent;


     (2)  Inserting an effective date of July 1, 2050, to allow for further discussion; and


     (3)  Making technical, nonsubstantive amendments.


     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2054, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2054, S.D. 2.


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