HOUSE OF REPRESENTATIVES	H.R. NO.	189
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

HOUSE RESOLUTION

 

 

rEQUESTING AN AUDIT OF CHILD CUSTODY PROCEEDINGS INVOLVING THE COMMISSION OF FAMILY VIOLENCE BY A PARENT, TO ASSESS THE APPLICATION AND ENFORCEMENT OF SECTION 571-46, HAWAII REVISED STATUTES.

 

 

 

     WHEREAS, domestic violence is recognized as a pattern of behaviors used by one person to coercively control another person in a relationship; and

 

     WHEREAS, domestic violence may take the form of psychological, physical, or sexual abuse and may happen once or periodically to victims of any age, gender, race, culture, religion, education level, employment status, or marital status; and

 

     WHEREAS, the primary, most damaging, and long-term form of domestic violence is psychological abuse, which rarely leaves any physical traces of its occurrence; and

 

     WHEREAS, victims of abuse are encouraged to terminate relationships with abusive partners for their own safety and the safety of their children and to avert further and future harm; and

 

     WHEREAS, the termination of an abusive relationship may increase a perpetrator's lethality because the perpetrator loses control over the victim and may increase abusive behavior in order to regain control; and

 

     WHEREAS, child custody and visitation frequently become disputed issues after a victim successfully escapes an abusive relationship; and

 

     WHEREAS, the litigation of child custody and visitation disputes often provides perpetrators of domestic abuse and family violence with an ongoing venue for the continued use of coercive control against their former partners under the guise of child custody and visitation concerns; and

 

     WHEREAS, domestic violence is a serious crime in addition to being a serious personal or family problem; and

 

     WHEREAS, section 571‑46(a)(9)-(14), Hawaii Revised Statutes, establishes specific criteria for the Family Court to consider in custody or visitation disputes when family violence has occurred; and

 

     WHEREAS, the Legislature is concerned that Family Court judges may not be correctly applying or enforcing section 571‑46(a)(9)-(14), Hawaii Revised Statutes, to the detriment of domestic violence survivors and their children and ultimately punishing survivors and their children for successfully escaping abusive homes; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, that the Office of the Auditor is requested to conduct an audit of a sampling of contested child custody proceedings in which family violence has been alleged to have been committed by a parent and that were heard by the Family Courts during the period from January 1, 2004, through December 31, 2010, to assess the application and enforcement of section 571-46(a)(9)-(14), Hawaii Revised Statutes, by the Family Court; and

 

BE IT FURTHER RESOLVED that the Judiciary is requested to redact the names of all parties, witnesses, attorneys, judges, and other interested persons from all selected custody proceedings to maintain privacy and confidentiality; and

 

     BE IT FURTHER RESOLVED that the Office of the Auditor is requested to submit a report of any findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2012; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice of the Supreme Court, the Senior Judge of the Family Court, the Administrative Director of the Courts, the Chief Court Administrator of each Circuit, and the State Auditor.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Family Court; Request Audit of Proceedings Involving Family Violence