CHILD CUSTODY & VISITATION AGREEMENT

(State of Hawaiʻi – Family Court Jurisdiction)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Legal Custody
   3.2 Physical Custody & Parenting Schedule
   3.3 Holiday & Vacation Schedule
   3.4 Transportation & Exchange
   3.5 Communication, Decision-Making & Information-Sharing
   3.6 Relocation
   3.7 Right of First Refusal
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This Child Custody & Visitation Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [PARENT 1 FULL LEGAL NAME], residing at [ADDRESS] (“Parent 1”); and
• [PARENT 2 FULL LEGAL NAME], residing at [ADDRESS] (“Parent 2” and, together with Parent 1, the “Parties,” and each a “Party”).

Recitals
A. The Parties are the biological/adoptive parents of [CHILD FULL LEGAL NAME], born [DOB] (the “Child”).
B. The Parties desire to resolve all issues relating to the legal custody, physical custody, and visitation of the Child in accordance with the best-interest factors set forth in Haw. Rev. Stat. § 571-46 and other applicable Hawaiʻi family law.
C. Consideration for this Agreement includes the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms shall have the meanings assigned below:

“Best Interest Factors” means the statutory considerations enumerated in Haw. Rev. Stat. § 571-46, including but not limited to the Child’s physical, emotional, and psychological needs, the Child’s relationship with each parent, and any history of family violence.

“Child” has the meaning set forth in the Recitals.

“Custodial Exchange Point” means [LOCATION OR METHOD] where physical custody transfers shall occur.

“Holiday Schedule” has the meaning set forth in Section 3.3.

“Legal Custody” means the authority to make major decisions regarding the Child’s welfare, education, medical care, and religious upbringing.

“Parenting Schedule” has the meaning set forth in Section 3.2.

“Physical Custody” means the periods during which the Child is in the physical care of a parent.

“Relocating Parent” has the meaning set forth in Section 3.6.

Any other capitalized term not defined herein shall have the meaning ascribed to it in the context used.

3. OPERATIVE PROVISIONS

3.1 Legal Custody

3.1.1 Joint Legal Custody. The Parties shall share joint Legal Custody. All major decisions shall be made jointly, guided by the Best Interest Factors.
3.1.2 Tie-Breaking Mechanism. If the Parties cannot reach agreement after good-faith consultation, the matter shall first be submitted to mediation in accordance with Section 8.2 before either Party petitions the Family Court.

[// GUIDANCE: Replace with sole-legal-custody language if appropriate.]

3.2 Physical Custody & Parenting Schedule

3.2.1 Primary Residence. The Child’s primary residence shall be with [PRIMARY RESIDENTIAL PARENT].
3.2.2 Base Parenting Schedule. Unless otherwise agreed in writing:
a. Weekdays: The Child shall reside with Parent 1 from [DAY/TIME] to [DAY/TIME] and with Parent 2 from [DAY/TIME] to [DAY/TIME].
b. Weekends: The Child shall reside with Parent 2 every [FIRST/THIRD/ETC.] weekend from [FRIDAY TIME] to [SUNDAY TIME].

[// GUIDANCE: Insert equal-time or custom schedule as needed.]

3.3 Holiday & Vacation Schedule

a. Even-Odd Rotation. Holidays shall alternate on an even-year/odd-year basis as detailed below.
b. Specific Holidays:
i. Thanksgiving: [PARENT] in even years, [PARENT] in odd years.
ii. Winter Break: Divided [SPECIFY SPLIT].
c. Vacation Time. Each parent may take up to [NUMBER] consecutive days of vacation with [NUMBER] days’ prior written notice.

3.4 Transportation & Exchange

a. Responsible Parent. The parent receiving the Child shall provide transportation unless otherwise agreed.
b. Timeliness. Parties shall be punctual; delays exceeding [15] minutes require prompt communication.

3.5 Communication, Decision-Making & Information-Sharing

a. Daily Contact. The non-custodial parent may have reasonable electronic contact up to [DURATION/DAILY WINDOW].
b. Records Access. Both parents shall have equal access to educational, medical, and extracurricular records.
c. Health Decisions. Emergency medical decisions may be made unilaterally by the custodial parent, who shall notify the other parent within [2] hours.

3.6 Relocation

a. Definition. “Relocation” means a change of the Child’s primary residence exceeding [100] miles or off the island of [O‘ahu/Maui/Etc.].
b. Notice. A Relocating Parent shall provide [90] days’ advance written notice detailing:
i. New address;
ii. Proposed relocation date;
iii. Revised Parenting Schedule proposal; and
iv. Reason for relocation.
c. Consent or Court Order. Relocation may occur only with:
i. Written consent of the non-relocating parent; or
ii. An order of the Hawaiʻi Family Court finding relocation in the Child’s best interests.
d. Burden of Proof. The Relocating Parent bears the burden of demonstrating compliance with Best Interest Factors.

3.7 Right of First Refusal

If either parent is unable to exercise a scheduled parenting period exceeding [6] hours, that parent shall offer the time to the other parent before engaging alternate childcare.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Party represents that he or she has full legal right and authority to enter into and perform this Agreement.
4.2 No Conflicting Agreements. Each Party warrants that no prior court orders or agreements conflict with this Agreement.
4.3 Truthfulness. Each Party represents that all disclosures made herein are complete and accurate to the best of his or her knowledge.

The representations and warranties shall survive execution and remain in effect for the duration of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Non-Disparagement. Neither parent shall speak negatively of the other in the Child’s presence.
5.2 Substance Use. Neither parent shall consume alcohol or controlled substances within [8] hours of or during custodial time.
5.3 Firearms & Hazardous Materials. Firearms shall be safely stored, unloaded, and locked per Hawaiʻi law during custodial periods.
5.4 Ongoing Cooperation. Parents shall cooperatively adjust minor scheduling issues in the Child’s best interests.
5.5 Notice of Significant Events. Each parent shall promptly inform the other of significant events affecting the Child (e.g., illnesses, school changes).

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party is in default if he or she:
a. Fails to comply with the Parenting Schedule without good cause;
b. Unreasonably withholds consent required under Section 3.6;
c. Violates any court order related to the Child.

6.2 Notice & Cure. The non-defaulting Party shall give written notice specifying the default and allowing [10] days to cure, unless immediate court action is warranted for the Child’s safety.

6.3 Graduated Remedies.
a. Mediation (mandatory) →
b. Family Court enforcement →
c. Contempt sanctions, modification of custody, attorney’s fees.

6.4 Attorney’s Fees. The defaulting Party shall pay reasonable attorney’s fees and costs incurred in enforcing this Agreement.

7. RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority. Each Party (“Indemnifying Parent”) shall indemnify, defend, and hold harmless the other Party from any losses, claims, or liabilities arising out of the Indemnifying Parent’s breach of this Agreement or conduct endangering the Child’s welfare.

7.2 Limitation of Liability. Not applicable. Nothing herein limits a court’s authority to protect the Child.

7.3 Insurance. Each parent shall maintain health insurance for the Child as available through employment at reasonable cost. Unreimbursed medical expenses shall be allocated [PROPORTION OR CHILD-SUPPORT ORDER REFERENCE].

7.4 Force Majeure. Temporary inability to comply due to events outside a Party’s control (e.g., natural disasters, military deployment) shall not constitute default, provided the affected Party gives prompt notice and works in good faith to resume compliance.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaiʻi, without regard to conflict-of-laws principles.

8.2 Mediation. Except in emergencies, the Parties shall attempt in good faith to resolve disputes through a mediator mutually selected or appointed by the Family Court.

8.3 Arbitration. By statutory limitation, custody matters are within exclusive Family Court jurisdiction; however, the Parties may agree to binding arbitration for discrete financial or property issues related to this Agreement. Any such arbitration shall be conducted pursuant to Hawaiʻi’s Uniform Arbitration Act.

8.4 Forum Selection. The First Circuit Family Court of the State of Hawaiʻi (or other circuit with proper venue) shall have exclusive jurisdiction over all matters arising from or related to this Agreement.

8.5 Injunctive Relief. Nothing herein limits the Family Court’s power to issue temporary restraining orders, modification orders, or other injunctive relief to protect the Child.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No modification shall be valid unless in writing, signed by both Parties, and approved by the Family Court. Waiver of any breach shall not operate as waiver of any subsequent breach.

9.2 Assignment & Delegation. Neither Party may assign rights or delegate duties under this Agreement.

9.3 Successors & Assigns. This Agreement shall inure to the benefit of and bind the Parties and their respective heirs and legal representatives.

9.4 Severability. If any provision is held invalid, the remaining provisions shall remain in full force, provided the essential terms and intent are preserved.

9.5 Integration. This Agreement constitutes the entire understanding of the Parties with respect to custody and visitation and supersedes all prior agreements, whether written or oral.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted electronically or by facsimile shall be deemed originals.

9.7 Headings. Section headings are for convenience only and shall not affect interpretation.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

NOTARIZATION

State of Hawaiʻi
County of ___

On this _ day of _, 20____, before me, the undersigned Notary Public, personally appeared [NAME(S)], proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to this instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.

Notary Public, State of Hawaiʻi
My commission expires: _____

[// GUIDANCE: Confirm whether your local Family Court requires additional witness signatures or judicial endorsement pages.]

DRAFTED FOR PROFESSIONAL LEGAL REVIEW. Counsel should tailor all bracketed provisions to client-specific facts and ensure filing in compliance with Hawaiʻi Family Court Rules and any applicable local directives.