Hawaii Emergency Custody Motion

Q: Does Hawaii require notice to the other parent before an emergency order?

HFCR 65(b) permits a restraining order without notice, except as provided in HRS 580-10.5. An ordinary motion requires notice of hearing unless it is entitled to be heard ex parte. An order without notice must be served forthwith.

Q: How soon is the hearing after a Hawaii order without notice?

HFCR 65(b) requires that the order be set for a prompt hearing, and gives no day count. The other parent may move to advance the hearing. For a domestic violence temporary restraining order, HRS 586-5 sets a hearing no later than 15 days from the date it is granted.

Q: How long does a Hawaii emergency order last?

A restraining order granted without notice under HFCR 65(b) continues until further order of the court. A domestic violence temporary restraining order under HRS 586-5 may not exceed 180 days.

Q: Are there official forms for an emergency custody request in Hawaii?

The Hawaii judiciary publishes Family Court forms on its self-help site. Ask the Family Court clerk whether a specific form is required for an emergency custody request before you file.

Q: When can a Hawaii court act on a child from another state in an emergency?

Under HRS 583A-204, a Hawaii court has temporary emergency jurisdiction if the child is present in Hawaii and is abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. If no earlier-state order exists, the emergency order can become final and make Hawaii the home state if it so provides.

Q: What if the danger involves abuse in Hawaii?

Call 911 if anyone is in immediate danger. A temporary restraining order under HRS 586-4 can restrain abuse and contact, and HRS 586-4(d) allows filing in a pending custody proceeding. Child protective services are handled under HRS chapter 587A.

Q: Where do I file an emergency custody motion in Hawaii?

The motion is decided under the Hawaii Family Court Rules, so ask the Family Court clerk which court location should receive it. Confirm the filing fee and any fee waiver with the clerk. For non-emergency changes to an existing order, see the modifying child custody guide.

Ex parte relief under HFCR 65(b) on specific facts; prompt hearing; no fixed day count

Find out where you stand in Hawaii

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Introduction

Hawaii has no custody-specific emergency statute. Under Family Court Rule 65(b), an order may be granted without notice when it clearly appears from specific facts by affidavit or declaration that immediate relief is appropriate, with a prompt hearing.

Key Things to Know

1
If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.
2
Hawaii has no custody-specific emergency statute. The route is an ex parte restraining order under Hawaii Family Court Rule 65(b), plus temporary emergency jurisdiction under HRS 583A-204. For abuse, a separate temporary restraining order under HRS chapter 586 restrains abuse and contact and may be filed in a pending custody proceeding.
3
HFCR 65(b) says a restraining order may be granted without notice to the adverse party when it clearly appears from specific facts shown by affidavit or declaration or by the verified complaint that immediate relief to the applicant is appropriate. The court decides whether that showing is met.
4
HFCR 65(b) permits an order without notice except as provided in HRS 580-10.5. An ordinary motion requires notice of hearing unless it is entitled to be heard ex parte. An order granted without notice must be served forthwith, and the other parent may move to advance the hearing.
5
Every restraining order granted without notice must be filed and entered in the record, accompanied by an appropriate application for further relief, and set for a prompt hearing. Rule 65(b) gives no day count. Under HFCR 65(b) the order lasts until further order of the court.
6
For a domestic violence temporary restraining order, HRS 586-4(c) looks to probable cause of past abuse or imminent threat of abuse. Under HRS 586-5, a hearing is set no later than 15 days from the date it is granted, and the order may not exceed 180 days. HRS 586-4(d) allows filing in a pending custody proceeding.
7
For temporary emergency jurisdiction, HRS 583A-204 requires the child to be present in Hawaii and either abandoned or in need of emergency protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. Ask the Family Court clerk which court location should receive the motion and about any required form or fee.

Key decisions before you file

Before you file a Emergency Custody Motion in Hawaii, a few decisions shape the document: which option to choose and what each one means. The Emergency Custody Motion guide walks through them.

Open the Emergency Custody Motion guide

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IN THE FAMILY COURT OF THE [CIRCUIT NUMBER] CIRCUIT STATE OF HAWAII

[PARENT NAME], Plaintiff/Petitioner, v. FC-[CASE NUMBER] [OTHER PARENT NAME], Defendant/Respondent. JUDGE: [JUDGE NAME]

EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY CUSTODY RELIEF WITHOUT NOTICE, WITH DECLARATION

Movant, [PARENT NAME], moves under Hawaii Family Court Rule 65(b) for immediate relief without notice, on the declaration below, and states:

CHILD: [CHILD NAME], born [DATE OF BIRTH], who lives at [ADDRESS] in [ISLAND/COUNTY], Hawaii.
EXISTING ORDERS AND CASES: [CASE NUMBER AND COURT OF EACH CUSTODY, PROTECTION ORDER OR CHILD WELFARE CASE, OR NONE].
SPECIFIC FACTS OF THE EMERGENCY: [WHAT HAS HAPPENED OR IS THREATENED, DATES, PLACES, WHO WAS PRESENT].
WHY IMMEDIATE RELIEF IS APPROPRIATE: [FACTS SHOWING WHY THE MATTER CANNOT WAIT FOR A HEARING ON NOTICE].
TEMPORARY EMERGENCY JURISDICTION (HRS 583A-204): [FACTS SHOWING THE CHILD IS PRESENT IN HAWAII AND IS ABANDONED, OR THE CHILD, A SIBLING OR A PARENT IS SUBJECTED TO OR THREATENED WITH MISTREATMENT OR ABUSE, OR NONE].

REQUESTED TEMPORARY ORDERS (ALTERNATIVES): [ ] A. Temporary sole legal and physical custody of the child to Movant until further order of the court. [ ] B. Contact by the other parent only as follows: SUPERVISED, LIMITED TERMS OR NONE UNTIL THE HEARING. [ ] C. An order restraining the other parent from HARMING THE CHILD, REMOVING THE CHILD FROM HAWAII OR OTHER CONDUCT. [ ] D. Other: [REQUEST]. [ ] E. A prompt hearing on this motion and any further relief.

NOTICE (ALTERNATIVES): [ ] Notice was given to the other parent on [DATE] by [METHOD]. [ ] Notice was not given because [FACTS SHOWING WHY IMMEDIATE RELIEF IS APPROPRIATE WITHOUT NOTICE]. Movant will serve the order and this motion on the other parent forthwith.

DECLARATION I, [PARENT NAME], declare under penalty of law that the foregoing is true and correct to the best of my knowledge and belief.

Date: [DATE] Signature: ______________________ [PARENT NAME], [ADDRESS], [PHONE], [EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a copy of this motion and any order was served on [OTHER PARENT NAME] at [ADDRESS] by [METHOD]. Signature: ______________________

Hawaii Requirements for Emergency Custody Motion

Specific facts by declaration
HFCR 65(b) requires that it clearly appears from specific facts shown by affidavit or declaration or by the verified complaint that immediate relief to the applicant is appropriate.
Relief without notice
HFCR 65(b) permits a restraining order without notice to the adverse party, except as provided in HRS 580-10.5.
Prompt hearing
Every restraining order granted without notice must be filed, accompanied by an application for further relief, and set for a prompt hearing (HFCR 65(b)). No day count is given.
Duration of the order
An order without notice under HFCR 65(b) continues until further order of the court. A domestic violence temporary restraining order may not exceed 180 days (HRS 586-5(a)).
Temporary emergency jurisdiction
HRS 583A-204 applies when the child is present in Hawaii and abandoned, or needs emergency protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.
Domestic violence standard
A temporary restraining order under HRS 586-4(c) looks to probable cause of past abuse or imminent threat of abuse, with a hearing no later than 15 days from the grant (HRS 586-5).
Facts of the emergency
State dates, places, people present and what makes the matter urgent, as specific facts in a declaration.
Notice given or reason it was not
State whether the other parent was told, and if not, the facts showing why immediate relief is appropriate without notice. Serve any order forthwith.

Frequently Asked Questions

What is the Hawaii name for an emergency custody order?

What must I show a Hawaii court for relief without notice?

Does Hawaii require notice to the other parent before an emergency order?

How soon is the hearing after a Hawaii order without notice?

How long does a Hawaii emergency order last?

Are there official forms for an emergency custody request in Hawaii?

When can a Hawaii court act on a child from another state in an emergency?

What if the danger involves abuse in Hawaii?

Where do I file an emergency custody motion in Hawaii?

Find out where you stand in Hawaii

Introduction

Key Things to Know

Key decisions before you file

Customize your Emergency Custody Motion Template with DocDraft

Hawaii Requirements for Emergency Custody Motion

Specific facts by declaration

Relief without notice

Prompt hearing

Duration of the order

Temporary emergency jurisdiction

Domestic violence standard

Facts of the emergency

Notice given or reason it was not

Frequently Asked Questions