HB 1962

HOUSE OF REPRESENTATIVES
H.B. NO.
1962
THIRTY-THIRD LEGISLATURE, 2026
H.D. 2
STATE OF HAWAII
S.D. 1
A BILL FOR AN ACT
RELATING TO FAMILY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� Chapter 584A, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as follows:
���� "�584A-   � Domestic abuse; exemption from mediation
in parentage proceedings.� (a)�
In contested parentage proceedings where there are allegations of
domestic abuse, the court shall not require a party alleging the domestic abuse
to participate in any component of any mediation program against the wishes of
that party.� The court may order
mediation or refer the parties to mediation only if: 
���� (1)� Mediation is authorized by the
alleged victim of the domestic abuse; and
���� (2)� Mediation is provided, in a
specialized manner that protects the safety of the alleged victim, by a
mediator who is trained in the field of domestic abuse.
���� (b)� A mediator who receives a
referral or an order from a court to conduct mediation shall screen for the
occurrence of domestic abuse between the parties.� A mediator shall not engage in mediation when
it appears to the mediator, or when either party asserts, that domestic abuse
has occurred, unless:
���� (1)� Mediation is authorized by the
alleged victim of the domestic abuse; and
���� (2)� Mediation is provided, in a
specialized manner that protects the safety of the alleged victim, by a mediator
who is trained in the field of domestic abuse.
���� (c)� An attorney or other
individual designated by a party may accompany the party to, and participate
in, a mediation.� A waiver of
participation given before the mediation may be rescinded.
���� (d)� As used in this section,
"domestic abuse" has the same meaning as in section 586-1."
���� SECTION 2.� Section
580-41.5, Hawaii Revised Statutes, is amended to read as follows:
���� "�580-41.5� [[Battered spouses;]]
Domestic abuse; exemption from mediation in divorce proceedings.� (a)� In
contested divorce proceedings where there are allegations of [[spousal]] domestic
abuse, the court shall not require a party alleging the [[spousal]] domestic
abuse to participate in any component of any mediation program against the
wishes of that party.� The court may order mediation or refer the
parties to mediation only if: 
���� (1)� Mediation
is authorized by the alleged victim of the domestic abuse; and
���� (2)� Mediation is
provided, in a specialized manner that protects the safety of the alleged
victim, by a mediator who is trained in the field of domestic abuse.
���� (b)�
A mediator who receives a referral or an order from a court to
conduct mediation shall screen for the occurrence of [[family violence]] domestic
abuse between the parties.� A
mediator shall not engage in mediation when it appears to the mediator,
or when either party asserts, that [[family violence]] domestic
abuse has occurred, unless:
���� (1)� Mediation is
authorized by the alleged victim of the [[alleged family violence;]]
domestic abuse; and
���� (2)� Mediation is
provided, in a specialized manner that protects the safety of the alleged
victim, by a mediator who is trained in [[family violence; and]
���� [(3)]� [The victim is
permitted to have in attendance at mediation, a supporting person of the
victim's choice including but not limited to an attorney or advocate.� If the victim chooses to exercise such
option, any other party to the mediation will be permitted to have in
attendance at mediation, a supporting person of the party's choice including
but not limited to an attorney or advocate.]] the field of domestic
abuse.
���� [[(c)� In a proceeding concerning the custody or
visitation of a child, if a protective order is in effect, the court shall not
require a party alleging family violence to participate in any component of any
mediation program against the wishes of that party.]
���� [(d)]] (c)� In a proceeding concerning the custody or
visitation of a child, if [[there is an allegation of family violence and a
protective order is not in effect,]] a party has alleged domestic abuse,
the court may order mediation or refer either party to mediation only if:
���� (1)� Mediation is
authorized by the alleged victim of the [[alleged family violence;]]
domestic abuse; and
���� (2)� Mediation is
provided, in a specialized manner that protects the safety of the alleged
victim, by a mediator who is trained in [[family violence; and]
���� [(3)]� [The victim is
permitted to have in attendance at mediation, a supporting person of the
victim's choice including but not limited to an attorney or advocate.� If the victim chooses to exercise such
option, any other party to the mediation will be permitted to have in
attendance at mediation, a supporting person of the party's choice including
but not limited to an attorney or advocate.]] the field of domestic
abuse.
���� (d)� An attorney or other individual designated by
a party may accompany the party to, and participate in, a mediation.� A waiver of participation given before the
mediation may be rescinded.
���� (e)� As used in this section, "domestic
abuse" has the same meaning as in section 586-1."
���� SECTION 3.� This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
���� SECTION 4.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION 5.� This Act shall take effect upon its approval.
Report Title:
Parentage
Proceedings; Divorce Proceedings; Domestic Abuse; Mediation
Description:
Establishes
an exemption from mediation in parentage proceedings where there are
allegations of domestic abuse.� Clarifies
the exemption from mediation in divorce proceedings as it relates to domestic
abuse.� (SD1)
The summary description
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not legislation or evidence of legislative intent.