STAND. COM. REP. NO. 3783

Honolulu, Hawaii

RE: H.B. No. 1962

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 1962, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FAMILY,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish an exemption from mediation in parentage proceedings where there are allegations of domestic abuse; and

(2) Clarify the exemption from mediation in divorce proceedings as it relates to domestic abuse.

Your Committee received testimony in support of this measure from the Judiciary, Department of Transportation, Hawaii State Commission on the Status of Women, Hawaiʻi Women Lawyers, Hawaiʻi State Coalition Against Domestic Violence, Hawaiʻi Children's Action Network Speaks!, Hawaii Women's Coalition, League of Women Voters of Hawaiʻi County, and one individual.

Your Committee finds that mandatory mediation, while often a valuable tool for resolving family disputes, can be inappropriate and even harmful in cases involving domestic violence. Power imbalances and the potential for coercion can undermine the safety and autonomy of survivors, making voluntary and equitable agreement difficult to achieve. This measure prioritizes the safety and autonomy of survivors and aligns the State's mediation policies with established best practices in trauma-informed and survivor-centered legal processes to ensure a safer, healthier, and more just and equitable legal system for all families in the State.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1962, H.D. 2, S.D. 1, and recommends that it pass Third Reading.

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

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KARL RHOADS, Chair