THE SENATE	S.B. NO.	406
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

RELATING TO CHILD VISITATION.

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

SECTION 1. Section 571-46.3, Hawaii Revised Statutes, is amended to read as follows:

"§571-46.3 Grandparents' visitation rights; petition; notice; order. (a) A grandparent or the grandparents of a minor child may file a petition with the court for an order of reasonable visitation rights. The court may award reasonable visitation rights; provided that the following [criteria are met:] findings are made:

(1) [This] The State is the home state of the child at the time of the commencement of the proceeding; [and]

(2) [Reasonable visitation rights are in the best interests of the child.] The petitioner's child, who is a parent of the minor child, is otherwise unable to exercise parental visitation of the minor child due to incarceration or death; and

(3) Denial of reasonable grandparent visitation rights would cause significant harm to the child.

(b) No hearing for an order of reasonable visitation rights under this section shall [be had unless] commence until each of the living parents and the child's custodians [shall have had] are provided due notice, actual or constructive, of the allegations of the petition and of the time and place of the hearing [thereof].

(c) In any proceeding on a petition filed pursuant to this section, there shall be a rebuttable presumption that a parent's or custodian's decision regarding visitation is in the best interest of the child. The presumption may be rebutted by clear and convincing evidence that denial of reasonable grandparent visitation rights would cause significant harm to the child.

(d) In awarding reasonable grandparent visitation, the court shall be guided by all standards, considerations, and procedures for parent visitation rights under section 571-46.

(e) An order [made] issued pursuant to this section shall be enforceable by the court, and the court may issue other orders to carry out these enforcement powers if in the best interests of the child.

(f) Any person who violates the terms and conditions of an order awarding reasonable grandparent visitation rights pursuant to subsection (a) shall be subject to sanctions as determined by the court and in accordance with section 571-81."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

Report Title:

Child Custody; Grandparent Visitation; Best Interest of the Child

Description:

Allows the court to award reasonable visitation rights to a petitioning grandparent of a minor child when the child's parent is unable to exercise parental visitation due to death or incarceration and denial of reasonable grandparent visitation rights would cause significant harm to the child. Requires the court to follow best interest of the child procedures, considerations, and standards when granting grandparent visitation rights. Specifies that any person who violates the terms and conditions of a court order granting reasonable grandparent visitation rights are subject to sanctions. (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.