HawaiiHawaii courts need alleged victims’ consent before ordering covered family mediation
In Hawaii parenthood, divorce, and child custody or visitation cases involving abuse allegations, courts need the alleged victim’s consent before ordering mediation. Proceedings begun before June 5, 2026, are unaffected.
What it does
In parenthood, divorce, and child custody or visitation cases involving abuse allegations, courts can order mediation only with the alleged victim’s consent and a trained mediator who protects their safety.
Court-directed mediators must check for domestic abuse. If either party reports abuse or the mediator sees signs of it, mediation requires the alleged victim’s consent and trained safety protections.
Either party can bring a lawyer or another chosen person to participate in mediation. A waiver giving up participation before mediation can be withdrawn.
Argument forLetting alleged victims refuse mediation could protect them from pressure to negotiate with someone they say has abused them.
Argument againstRequiring a mediator trained in domestic abuse could make mediation harder to arrange for families seeking an agreement.
More detail
Courts can order or refer people to mediation only with the alleged victim’s consent and the required safety protections. These rules cover disputed cases about who a child’s legal parents are, disputed divorces, and child custody or visitation cases involving domestic abuse allegations. Mediation uses a neutral person to help people reach an agreement. A mediator trained in domestic abuse must use a specialized approach that protects the alleged victim’s safety. In disputed parenthood or divorce cases, courts cannot require the person alleging abuse to take part in any part of mediation against their wishes.
Mediators receiving court referrals or orders must screen for domestic abuse between the parties. The screening duty applies to court-directed mediation under the parenthood and divorce rules. If either party says abuse occurred, or abuse appears to have occurred to the mediator, mediation requires the alleged victim’s consent. A mediator trained in domestic abuse must use a specialized approach that protects the alleged victim’s safety.
A party can bring a lawyer or another chosen person to attend and participate in mediation. This permission applies to parties in mediation covered by the parenthood and divorce rules. A waiver of participation made before mediation can be withdrawn.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 5Act 089, 06/05/2026 (Gov. Msg. No. 1189).Latest
- Jun 5Act 089, on 06/05/2026 (Gov. Msg. No. 1189).Became Law
- Apr 24Received notice of passage on Final Reading in House (Hse. Com. No. 823).Minor
- Apr 23Received notice of House reconsideration of action in disagreeing to the amendments proposed by the Senate (Hse. Com. No. 815).Minor
- Vote recorded Passed Final Reading as amended in SD 1. Result: pass.Lower
- Apr 23House agrees to Senate amendment(s).
- Apr 23Passed Final Reading as amended in SD 1 with Representative(s) Pierick voting aye with reservations; Representative(s) Cochran, Garcia, Muraoka voting no (3) and Representative(s) Evslin excused (1).Major
- Apr 23Transmitted to Governor.
- Apr 22Reconsideration of action taken on 04-16-26.
- Apr 17Received notice of disagreement (Hse. Com. No. 780).Minor
- Apr 16House disagrees with Senate amendment (s).Minor
- Apr 14Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.Passed Senate
- Vote recorded Reconsider: Report adopted; Passed Third Reading. Result: pass.Upper
- Apr 14Returned from Senate (Sen. Com. No. 646) in amended form (SD 1).
- Apr 10Reported from JDC (Stand. Com. Rep. No. 3783) with recommendation of passage on Third Reading.
- Apr 10One Day Notice 04-14-26.
- Apr 7The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Awa.Minor
- Vote recorded The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. Result: pass.Upper
- Apr 1The committee(s) on JDC will hold a public decision making on 04-07-26 10:15AM; Conference Room 016 & Videoconference.
- Mar 25Reported from HHS (Stand. Com. Rep. No. 3170) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.
- Mar 25Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.Minor
- Mar 18The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 5 Aye(s): Senator(s) San Buenaventura, McKelvey, Kanuha, Keohokalole, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Vote recorded The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Mar 13The committee(s) on HHS has scheduled a public hearing on 03-18-26 1:00PM; CR 225 & Videoconference.
- Mar 12Received from House (Hse. Com. No. 328).Minor
- Mar 12Passed First Reading.Minor
- Mar 12Referred to HHS, JDC.Minor
- Mar 10Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Kong, Pierick excused (2). Transmitted to Senate.Passed House
- Vote recorded Reconsider: Passed Third Reading as amended in HD 2. Result: pass.Lower
- Mar 6Reported from JHA (Stand. Com. Rep. No. 1124-26) as amended in HD 2, recommending passage on Third Reading.
- Mar 6Forty-eight (48) hours notice Tuesday, 03-10-26.
- Feb 25The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Cochran, Hashem, Kahaloa, Sayama, Takayama, Garcia, Shimizu; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Belatti.Minor
- Vote recorded The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Feb 23Bill scheduled to be heard by JHA on Wednesday, 02-25-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
- Feb 18Reported from HSH (Stand. Com. Rep. No. 371-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
- Vote recorded Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA. Result: pass.Lower
- Feb 18Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and none excused (0).Minor
- Feb 10The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Marten, Olds, Amato, Hartsfield, Keohokapu-Lee Loy, Takayama, Takenouchi, Alcos, Garcia; Ayes with reservations: none; Noes: none; and Excused: none.Minor
- Vote recorded The committee on HSH recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Feb 5Bill scheduled to be heard by HSH on Tuesday, 02-10-26 9:30AM in House conference room 329 VIA VIDEOCONFERENCE.
- Jan 28Referred to HSH, JHA, referral sheet 3Minor
- Jan 26Introduced and Pass First Reading.Minor
- Jan 23Pending introduction.Introduced
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