Bill Text: HI HB616 | 2011 | Regular Session | Amended
Bill Title: Child Custody and Visitation; Electronic Communication
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-07-07 - (H) Act 191, on 7/6/2011 (Gov. Msg. No. 1295). [HB616 Detail]
Download: Hawaii-2011-HB616-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
616 |
|
TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 2 |
|
|
STATE OF HAWAII |
S.D. 2 |
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CHILD CUSTODY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 571, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§571‑ Visitation by electronic communication. (a) An award of visitation rights to a parent may provide for visitation by electronic communication.
(b) In awarding visitation by electronic communication, a court shall consider:
(1) Whether visitation by electronic communication is in the best interests of the child, which shall be determined by application of the criteria set out in section 571-46;
(2) Whether the equipment necessary for electronic communication is available, accessible, and affordable to the parents of the child;
(3) All relevant factors under section 571-46(a)(9) and (10) as they pertain to family violence committed by a parent;
(4) Whether a parent has previously violated a temporary restraining order or protective order; and
(5) Any other factors the court deems appropriate in determining whether to grant visitation by electronic communication.
(c) In awarding visitation by electronic communication, the court may set guidelines, including the hours during which the communication may take place, the allocation of costs between the parents in implementing electronic communication with the child, and the furnishing of access information between parents necessary to facilitate electronic communication.
(d) Electronic communication may be used to supplement visitation with the child.
(e) Electronic communication shall not be used to:
(1) Replace or substitute custody or visitation, except where the parent seeking visitation by electronic communication is unable to participate in physical visitation due to circumstances that may include military deployment; or
(2) Justify or support the relocation of a parent.
(f) Visitation by electronic communication between the child and parent may be subject to supervision as ordered by the court."
SECTION 2. Section 571-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Electronic communication" means communication that is facilitated by any wired or wireless technology via the Internet or any other electronic media, including communication by telephone, electronic mail, instant messaging, video conferencing, and web camera."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2051.
Report Title:
Child Custody and Visitation; Electronic Communication
Description:
Clarifies that awards of visitation rights may include visitation by electronic communication. Establishes factors that shall be considered and authorizes courts to set guidelines for visitation by electronic communication. Effective July 1, 2051. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
