§584-9  Parties; guardian ad litem for minor presumed or alleged father; county attorney or corporation counsel to represent custodial parent or agency; notice to parents.  (a)  The child may be made a party to the action and may be represented by the child's general guardian or a guardian ad litem appointed by the court.  The child's mother or father shall not represent the child as guardian or otherwise.  Subject to section 584-6(e), the natural mother, each man presumed to be the father under section 584-4, each man alleged to be the natural father, and the child support enforcement agency, if public assistance moneys are or have been paid for the support of the subject child, shall be made parties, or, if not subject to the jurisdiction of the court, shall be given notice of the action in a manner prescribed by the court and an opportunity to be heard.

     (b)  If it appears to the satisfaction of the court that the natural mother or a man alleged or presumed to be the father of the child is a minor, the court shall also cause notice of the pendency of the proceedings and copies of the pleadings on file to be served upon the legal parent or guardian who has physical custody of the minor.  The court may appoint a guardian ad litem to represent the minor in the proceedings.  If the legal parent or guardian of any such minor cannot be found, the notice may be served in such manner as the court may direct pursuant to sections 634-21 to 634-24.  The court may align the parties.

     (c)  The county attorney or corporation counsel, upon request of the child support enforcement agency, shall represent the child support enforcement agency.  Fees may be charged of the applicant for child support enforcement agency's services as provided for by chapter 576D. [L 1975, c 66, pt of §1; am L 1984, c 230, §2; gen ch 1985; am L 1986, c 235, §2 and c 332, §20; am L 1991, c 224, §2; am L 1992, c 87, §13; am L 1993, c 119, §1; am L 1997, c 294, §6]

Rules of Court

  Guardians ad litem, see HFCR rule 17(c).

  Parties, see Hawaii Family Court Rules, part A(IV).

Case Notes

  No requirement under subsection (a) that the child must be made a party to the paternity proceeding or that a guardian ad litem must be appointed to represent the child's interests in a paternity proceeding.  88 H. 159 (App.), 963 P.2d 1135 (1998).

  Cited:  9 H. App. 623, 859 P.2d 922 (1993).