What is a parenting plan in Hawaii?

A parenting plan is the written document Hawaii parents use to set out legal custody, physical custody, and the residential schedule for their child. In Hawaii it can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to modify an existing order. In every action that includes a contested custody of children, both parents must develop and file a parenting plan at the outset of the case (Hawaii Revised Statutes Section 571-46.5).

What is the difference between a parenting plan and a custody order in Hawaii?

In Hawaii the parenting plan is the written document the parents develop and file, describing legal custody, physical custody, and the residential schedule, while the custody order is what the Family Court issues. Both parents file a parenting plan at the outset of a contested custody case (Hawaii Revised Statutes Section 571-46.5), and the court then decides custody by the best interests of the child (Hawaii Revised Statutes Section 571-46) and can adopt the plan into its order.

What are legal custody and physical custody in Hawaii?

In Hawaii, legal custody is the authority to make major decisions for the child, and physical custody is where the child lives. A Hawaii court may award sole custody, joint legal custody, or joint physical custody. Joint custody means legal custody to both parents with physical custody shared under a parenting plan developed under Hawaii Revised Statutes Section 571-46.5, and a court may award joint legal custody without joint physical custody (Hawaii Revised Statutes Section 571-46.1).

What standard do Hawaii courts use to decide custody?

Hawaii courts award custody to either parent or to both parents according to the best interests of the child, and the court may consider frequent, continuing, and meaningful contact of each parent with the child unless it finds a parent is unable to act in the child's best interest (Hawaii Revised Statutes Section 571-46(a)). If a child is of sufficient age and capacity to reason, the child's wishes are considered and given due weight.

What can a Hawaii parenting plan contain?

A detailed Hawaii parenting plan may include the residential schedule; holiday, birthday, and vacation planning; parental decision-making and responsibility; information sharing and access; relocation of parents; telephone and other communication access; right of first refusal procedures; transportation; and methods for changing or enforcing the plan and resolving disputes (Hawaii Revised Statutes Section 571-46.5(c)). A general plan can set an outline and let the parents fill in details informally.

What happens if parents cannot agree on a parenting plan in Hawaii?

If the parents cannot agree on a Hawaii parenting plan, the court may order them to participate in alternative dispute resolution and counseling with a person experienced in child custody or parenting issues, unless there is a finding of family violence, and the court may develop and file a detailed parenting plan when either parent requests it (Hawaii Revised Statutes Section 571-46.5(d)). The court or the parents may later revise the plan.

Does a Hawaii child get a say in custody?

In Hawaii, if a child is of sufficient age and capacity to reason so as to form an intelligent preference, the child's wishes as to custody are considered and given due weight by the court (Hawaii Revised Statutes Section 571-46(a)(3)). The statute does not set a fixed age; the court weighs the child's preference along with the other best interest considerations rather than treating it as controlling.

Hawaii Parenting Plan

Q: Is a written parenting plan required in Hawaii?

Yes, in contested cases. In Hawaii, for every action that includes a contested custody of children, both parents must develop either a mutually agreed general parenting plan or separate individual plans and file the plan at the outset of the action (Hawaii Revised Statutes Section 571-46.5(a)). Even when custody is not contested, writing a clear plan is valuable because it shows the court the residential schedule and decision-making the parents propose.

A Hawaii parenting plan sets out legal custody, physical custody, and the residential schedule, and Hawaii requires a parenting plan filed at the outset of any contested custody case. Attorney review available.

Find out where you stand in Hawaii

What is your situation with the parenting plan?

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Introduction

A parenting plan is the written document Hawaii parents use to set out legal custody, physical custody, and the residential schedule for a child, whether they are divorcing, were never married, or are changing an existing order. In Hawaii custody has two parts. Legal custody is the authority to make major decisions for the child, and physical custody is where the child lives; a Hawaii court may award sole custody, joint legal custody, or joint physical custody. Custody is awarded to either parent or to both parents according to the best interests of the child, and the court may consider frequent, continuing, and meaningful contact of each parent with the child (Hawaii Revised Statutes Section 571-46(a)). If a child is of sufficient age and capacity to reason, the child's wishes are considered and given due weight. Joint custody may be awarded in the court's discretion upon the application of either parent (Hawaii Revised Statutes Section 571-46.1). In Hawaii a parenting plan is required in every action that includes a contested custody of children: both parents must develop either a mutually agreed general parenting plan or separate individual plans, and file the plan at the outset of the action (Hawaii Revised Statutes Section 571-46.5). A detailed plan can cover the residential schedule, holidays and vacations, decision-making, communication, relocation, transportation, and how disputes are resolved. DocDraft builds your Hawaii parenting plan from your family's schedule, with attorney review available before you file it with the Family Court.

Key Things to Know

1
A parenting plan is a written document that sets out legal custody, physical custody, and the residential schedule for a child, used by Hawaii parents who are divorcing, were never married, or are modifying an existing order.
2
In Hawaii a parenting plan is required in every action that includes a contested custody of children, and both parents file a plan at the outset of the case (Hawaii Revised Statutes Section 571-46.5(a)).
3
Hawaii awards legal custody and physical custody, which a court may make sole, joint legal, or joint physical (Hawaii Revised Statutes Sections 571-46 and 571-46.1).
4
Hawaii courts award custody to either parent or to both parents according to the best interests of the child, and may consider frequent, continuing, and meaningful contact with each parent (Hawaii Revised Statutes Section 571-46(a)).
5
In Hawaii joint custody may be awarded in the court's discretion on the application of either parent, and joint custody follows a parenting plan developed under Hawaii Revised Statutes Section 571-46.5 (Hawaii Revised Statutes Section 571-46.1).
6
A detailed Hawaii parenting plan may cover the residential schedule; holidays, birthdays, and vacations; decision-making; information sharing; relocation; communication; right of first refusal; transportation; and dispute resolution (Hawaii Revised Statutes Section 571-46.5(c)).
7
If the parents cannot agree on a Hawaii parenting plan, the court may order alternative dispute resolution and counseling and may develop and file a detailed plan when requested (Hawaii Revised Statutes Section 571-46.5(d)).

Key decisions before you file

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

Open the Parenting Plan guide

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HAWAII PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to modify an existing order. In Hawaii, in every action that includes a contested custody of children, both parents develop and file a parenting plan at the outset. This plan sets out legal custody, physical custody, and the residential schedule.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Legal custody (decision-making). The parents will share [joint legal / sole to PARENT] legal custody. Major decisions about the children's education, health care, and religious upbringing will be made [jointly, after good-faith discussion / by PARENT]. Each parent may make routine day-to-day decisions while the children are in that parent's care and may authorize emergency medical treatment when needed.
Physical custody and residential schedule. The parents will share [joint physical / sole to PARENT] physical custody, so as to assure the children of frequent, continuing, and meaningful contact with both parents. Weekdays: [describe the regular weekday residential schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times].
Holidays, birthdays, and vacations. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday and vacation planning: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer time will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges, transportation, and right of first refusal. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. Before using non-parental child care for more than [NUMBER] hours, a parent will first offer that time to the other parent.
Communication and information sharing. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Relocation. A parent who intends to move the children's residence will give the other parent written notice, so the parents can discuss the change or, if needed, ask the court to review the schedule.
Changing the plan and dispute resolution. If a disagreement arises, the parents will first try to resolve it between themselves and, if that does not work, through alternative dispute resolution before returning to court.

This parenting plan is subject to court approval and is guided by the best interests of the child (Hawaii Revised Statutes Sections 571-46 and 571-46.5). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

Hawaii Requirements for Parenting Plan

Legal and Physical Custody
Hawaii awards legal custody, the authority to make major decisions for the child, and physical custody, where the child lives. A Hawaii court may award sole custody, joint legal custody, or joint physical custody (Hawaii Revised Statutes Sections 571-46 and 571-46.1).
Best Interests of the Child
Hawaii courts award custody to either parent or to both parents according to the best interests of the child, and the court may consider frequent, continuing, and meaningful contact of each parent with the child unless it finds a parent is unable to act in the child's best interest (Hawaii Revised Statutes Section 571-46(a)).
Joint Custody in the Court's Discretion
In Hawaii, joint custody may be awarded in the court's discretion upon the application of either parent. Joint custody means legal custody to both parents with physical custody shared under a parenting plan developed under Hawaii Revised Statutes Section 571-46.5; a court may award joint legal custody without joint physical custody (Hawaii Revised Statutes Section 571-46.1).
Parenting Plan Required in Contested Cases
In Hawaii, for every action that includes a contested custody of children, both parents must develop either a mutually agreed general parenting plan or separate individual plans and file the plan at the outset of the action (Hawaii Revised Statutes Section 571-46.5(a)). The court decides custody by the best interests of the child.
Detailed Parenting Plan Contents
A detailed Hawaii parenting plan may include the residential schedule; holiday, birthday, and vacation planning; parental decision-making and responsibility; information sharing and access; relocation of parents; telephone and other communication access; right of first refusal; transportation; and methods for changing or enforcing the plan and resolving disputes (Hawaii Revised Statutes Section 571-46.5(c)).
Residential Schedule and Decision-Making
Your Hawaii parenting plan should set out the residential schedule, showing where the children live during the week, on weekends, holidays, and school breaks, and how the parents make major decisions about education, health, and welfare. Joint physical custody is arranged to assure the children of frequent, continuing, and meaningful contact with both parents (Hawaii Revised Statutes Section 571-46.1).
If Parents Cannot Agree
If the parents cannot agree on a Hawaii parenting plan, the court may order alternative dispute resolution and counseling with a person experienced in child custody or parenting issues, unless there is a finding of family violence, and may develop and file a detailed plan when requested (Hawaii Revised Statutes Section 571-46.5(d)). The court or the parents may later revise the plan.
Filed With the Family Court
In Hawaii the parenting plan is filed at the outset of a contested custody action in the Family Court (Hawaii Revised Statutes Section 571-46.5(a)). Hawaii's custody statute does not set a single numbered statewide parenting-plan form; the several circuits of the Family Court provide sample parenting-plan materials, so check your circuit's self-help resources.

Find out where you stand in Hawaii

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

Hawaii Requirements for Parenting Plan

Legal and Physical Custody

Best Interests of the Child

Joint Custody in the Court's Discretion

Parenting Plan Required in Contested Cases

Detailed Parenting Plan Contents

Residential Schedule and Decision-Making

If Parents Cannot Agree

Filed With the Family Court

Frequently Asked Questions