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HB1962 • 2026

RELATING TO FAMILY.

RELATING TO FAMILY.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
HARTSFIELD, AMATO, BELATTI, CHUN, EVSLIN, GRANDINETTI, HASHEM, ICHIYAMA, ILAGAN, IWAMOTO, KAHALOA, KAPELA, KEOHOKAPU-LEE LOY, KILA, KUSCH, LA CHICA, LEE, M., LOWEN, MARTEN, MATAYOSHI, MATSUMOTO, MORIKAWA, OLDS, PERRUSO, POEPOE, REYES ODA, SAYAMA, SHIMIZU, SOUZA, TAKAYAMA, TAKENOUCHI, TAM, TARNAS, TEMPLO, YAMASHITA
Last action
2026-04-23
Official status
Transmitted to Governor.
Effective date
Not listed

Plain English Breakdown

The official source material does not provide details on how mediators will be trained or what happens to cases already in mediation when allegations of domestic abuse are made.

Family Law Changes Regarding Domestic Abuse

This bill establishes exemptions from mediation in parentage and divorce proceedings when there are allegations of domestic abuse.

What This Bill Does

  • Adds a new section to Hawaii Revised Statutes that allows courts not to require mediation for parties alleging domestic abuse in parentage cases.
  • Clarifies the exemption from mediation for those alleging domestic abuse in divorce cases.

Who It Names or Affects

  • People involved in parentage proceedings who allege domestic abuse.
  • Individuals going through divorce proceedings and alleging domestic abuse.

Terms To Know

Domestic Abuse
Abuse that occurs between family or household members, including physical, sexual, emotional, economic, or psychological actions or threats.

Limits and Unknowns

  • The bill does not specify what happens to cases already in mediation when allegations of domestic abuse are made.
  • It is unclear how mediators will be trained to handle specialized domestic abuse mediations.
  • The effective date for the new law has not been set.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

1

Hawaii published version HD1

Plain English: This amendment adds an exemption from mediation in parentage proceedings when there are allegations of domestic abuse, and clarifies the existing exemption in divorce proceedings.

  • Adds a new section to Hawaii Revised Statutes Chapter 584A to exempt parties alleging domestic abuse from mandatory mediation in parentage proceedings.
  • Clarifies that mediation can only occur if authorized by the alleged victim of domestic abuse and provided by a trained mediator who ensures safety.
  • Updates Section 580-41.5 to align with the new provisions for parentage proceedings, ensuring consistency between divorce and parentage cases.
  • The amendment specifies that it will take effect on July 1, 3000, which seems unusual and may be a placeholder or error.
  • Some parts of the text are bracketed for deletion but not clearly explained in plain English.
HD2

3

Hawaii published version HD2

Plain English: This amendment adds an exemption from mediation in parentage proceedings when there are allegations of domestic abuse, and clarifies the existing exemption in divorce proceedings.

  • Adds a new section to Hawaii Revised Statutes Chapter 584A to exempt parties alleging domestic abuse from mandatory mediation in parentage proceedings.
  • Amends Section 580-41.5 of Hawaii Revised Statutes to clarify and strengthen the exemption from mediation for those alleging domestic abuse in divorce proceedings.
  • The amendment text does not specify how the new provisions will be enforced or what happens if a party falsely claims domestic abuse.
  • There are no details on how mediators trained in domestic abuse can be identified and accessed by alleged victims.
SD1

5

Hawaii published version SD1

Plain English: This amendment adds a new section to Hawaii Revised Statutes that exempts parties from mandatory mediation in parentage and divorce proceedings if there are allegations of domestic abuse.

  • Adds a new section to Chapter 584A, allowing courts not to require mediation for parties alleging domestic abuse in parentage cases.
  • Amends Section 580-41.5 to clarify that mediation is exempted when there are allegations of domestic abuse in divorce proceedings.
  • Requires mediators to be trained in handling domestic abuse and to provide a specialized, safe environment if mediation is authorized by the alleged victim.
  • The amendment text does not specify all details about how mediation will be conducted or what happens when parties disagree on whether there has been domestic abuse.
  • Some parts of the original bill are bracketed and stricken, indicating they may be removed but without clear replacement text provided.

Bill History

  1. 2026-04-24 S

    Received notice of passage on Final Reading in House (Hse. Com. No. 823).

  2. 2026-04-23 H

    Transmitted to Governor.

  3. 2026-04-23 H

    Passed 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).

  4. 2026-04-23 H

    House agrees to Senate amendment(s).

  5. 2026-04-23 S

    Received notice of House reconsideration of action in disagreeing to the amendments proposed by the Senate (Hse. Com. No. 815).

  6. 2026-04-22 H

    Reconsideration of action taken on 04-16-26.

  7. 2026-04-17 S

    Received notice of disagreement (Hse. Com. No. 780).

  8. 2026-04-16 H

    House disagrees with Senate amendment (s).

  9. 2026-04-14 H

    Returned from Senate (Sen. Com. No. 646) in amended form (SD 1).

  10. 2026-04-14 S

    Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.

  11. 2026-04-10 S

    One Day Notice 04-14-26.

  12. 2026-04-10 S

    Reported from JDC (Stand. Com. Rep. No. 3783) with recommendation of passage on Third Reading.

  13. 2026-04-07 S

    The 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.

  14. 2026-04-01 S

    The committee(s) on JDC will hold a public decision making on 04-07-26 10:15AM; Conference Room 016 & Videoconference.

  15. 2026-03-25 S

    Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC.

  16. 2026-03-25 S

    Reported from HHS (Stand. Com. Rep. No. 3170) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC.

  17. 2026-03-18 S

    The 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.

  18. 2026-03-13 S

    The committee(s) on HHS has scheduled a public hearing on 03-18-26 1:00PM; CR 225 & Videoconference.

  19. 2026-03-12 S

    Referred to HHS, JDC.

  20. 2026-03-12 S

    Passed First Reading.

  21. 2026-03-12 S

    Received from House (Hse. Com. No. 328).

  22. 2026-03-10 H

    Passed 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.

  23. 2026-03-06 H

    Forty-eight (48) hours notice Tuesday, 03-10-26.

  24. 2026-03-06 H

    Reported from JHA (Stand. Com. Rep. No. 1124-26) as amended in HD 2, recommending passage on Third Reading.

  25. 2026-02-25 H

    The 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.

  26. 2026-02-23 H

    Bill scheduled to be heard by JHA on Wednesday, 02-25-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.

  27. 2026-02-18 H

    Passed 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).

  28. 2026-02-18 H

    Reported from HSH (Stand. Com. Rep. No. 371-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.

  29. 2026-02-10 H

    The 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.

  30. 2026-02-05 H

    Bill scheduled to be heard by HSH on Tuesday, 02-10-26 9:30AM in House conference room 329 VIA VIDEOCONFERENCE.

  31. 2026-01-28 H

    Referred to HSH, JHA, referral sheet 3

  32. 2026-01-26 H

    Introduced and Pass First Reading.

  33. 2026-01-23 H

    Pending introduction.

Official Summary Text

RELATING TO FAMILY.
Parentage Proceedings; Divorce Proceedings; Domestic Abuse; Mediation
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)

Current Bill Text

Read the full stored bill text
HB1962

HOUSE OF REPRESENTATIVES

H.B. NO.

1962

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to family
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
Chapter 584, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as follows:

����
"
�584-
�
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 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 dynamics 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 dynamics 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.

INTRODUCED BY:

_____________________________

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.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.