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SB2842
THE SENATE
S.B. NO.
2842
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
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(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.
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(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.
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(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participation given before the mediation may be rescinded.
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(d)
�
As used in this section,
"domestic abuse" has the same meaning as in section 586-1.
"
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SECTION
2
.
�
Section
580-41.5, Hawaii Revised Statutes, is amended to read as follows:
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"
�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.
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SECTION 4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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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.