STAND. COM. REP. NO. 1124-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 1962

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1962, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FAMILY,"

begs leave to report as follows:

The purpose 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; Uniform Law Commission; Hawaiʻi State Coalition Against Domestic Violence; Hawaiʻi Children's Action Network Speaks!; and five individuals. Your Committee received comments on this measure from one individual.

Your Committee finds that mandatory mediation in family law matters may place survivors of domestic abuse in unsafe or coercive situations and that inconsistent statutory language has previously resulted in confusion about when mediation may be required. This measure strengthens uniform protections for domestic abuse survivors by clearly prohibiting compelled mediation in cases involving domestic abuse and requiring that any permitted mediation be survivor authorized and trauma informed.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

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

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair