Child Custody Agreement - Hawaii
PROPOSED PARENTING PLAN — NOT A COURT ORDER
This document records a proposal for attorney and court review. It does not create, transfer, or modify legal or physical custody unless and until the court with authority enters an order adopting the terms.
HAWAIʻI PROPOSED CHILD CUSTODY AND PARENTING PLAN
Haw. Rev. Stat. § 571-46
1. CASE, PARENTAGE, AND EXISTING-ORDER CONTROL
Court and circuit: [________________________________]
Case number: [________________________________]
Child 1: [FULL LEGAL NAME], born [__/__/____]
Child 2: [FULL LEGAL NAME], born [__/__/____]
Parent 1: [FULL LEGAL NAME], address or protected-address notation [________________________________]
Parent 2: [FULL LEGAL NAME], address or protected-address notation [________________________________]
Parentage established by: [BIRTH / ACKNOWLEDGMENT / ADOPTION / ORDER / OTHER]
Current custody or visitation order: [DATE / COURT / DOCKET / NONE]
Current protective, no-contact, criminal, child-welfare, or guardianship order: [DETAILS / NONE]
Current child-support and health-coverage order: [DETAILS / NONE]
☐ The proposed plan has been checked against every existing order.
☐ The court's current jurisdiction and venue have been confirmed.
☐ Every person or agency with custody, visitation, guardianship, child-welfare, or support rights has been identified.
STOP: Do not use this plan to override an existing order, conceal an address that must be disclosed, disclose a protected address, or create a private guardianship or parentage determination.
2. SAFETY AND FAMILY-VIOLENCE GATE
Section 571-46(a)(9)-(16) makes safety central when family violence is found and supplies court-controlled visitation protections. Complete this section before proposing joint decision-making, direct exchanges, mediation, or electronic contact.
| Safety Question | Parent 1 | Parent 2 | Child / Other Person | Order or Evidence Reference |
|---|---|---|---|---|
| Family violence alleged or found | ☐ No ☐ Yes | ☐ No ☐ Yes | [____] | [____] |
| Protective or no-contact order | ☐ No ☐ Yes | ☐ No ☐ Yes | [____] | [____] |
| Stalking, coercive control, threats, or weapon concern | ☐ No ☐ Yes | ☐ No ☐ Yes | [____] | [____] |
| Substance-use safety concern | ☐ No ☐ Yes | ☐ No ☐ Yes | [____] | [____] |
| Child abuse, neglect, or emotional-abuse concern | ☐ No ☐ Yes | ☐ No ☐ Yes | [____] | [____] |
| Safe direct communication possible | ☐ No ☐ Yes | ☐ No ☐ Yes | [____] | [____] |
Court-ordered or proposed safeguards:
☐ Protected exchange setting
☐ Supervised visitation by [PERSON / AGENCY]
☐ No overnight visitation pending court review
☐ Confidential child or victim address
☐ No direct parent-to-parent contact; use [APP / COUNSEL / THIRD PARTY]
☐ Conditions concerning alcohol, controlled substances, weapons, or specified persons
☐ Other current court-approved protection: [________________________________]
No mediation, joint meeting, or informal dispute process is required by this proposal when unsafe, prohibited, or inconsistent with a protective order.
3. BEST-INTEREST FACTOR RECORD
Under § 571-46(a)(1), custody is awarded according to the child's best interests. Section 571-46(b) supplies a nonexclusive factor list. Record child-specific facts and evidence; do not use labels or conclusions alone.
| Statutory Topic | Child-Specific Facts | Supporting Record / Witness | Proposed Plan Response |
|---|---|---|---|
| Sexual or physical abuse history | [____] | [____] | [____] |
| Neglect or emotional-abuse history | [____] | [____] | [____] |
| Parent-child relationship quality | [____] | [____] | [____] |
| Caregiving history before and after separation | [____] | [____] | [____] |
| Cooperation on the child's needs, if the factor may be considered | [____] | [____] | [____] |
| Physical-health needs | [____] | [____] | [____] |
| Emotional needs | [____] | [____] | [____] |
| Safety needs | [____] | [____] | [____] |
| Educational needs | [____] | [____] | [____] |
| Sibling relationships | [____] | [____] | [____] |
| Family connections and activities, if the factor may be considered | [____] | [____] | [____] |
| Ability to separate the child's needs from a parent's needs | [____] | [____] | [____] |
| Drug or alcohol abuse evidence | [____] | [____] | [____] |
| Parent mental-health facts relevant to parenting | [____] | [____] | [____] |
| Areas and levels of family conflict | [____] | [____] | [____] |
| Protection-from-abuse process issue requiring the statute's special proof and findings | [____] | [____] | [____] |
| Other child-specific factor | [____] | [____] | [____] |
4. LEGAL CUSTODY AND DECISION-MAKING PROPOSAL
Select a proposal only after the safety and factor review.
☐ Joint legal custody proposed, subject to court approval and the decision process below.
☐ Sole legal custody to Parent 1 proposed, with information-sharing or consultation as stated below.
☐ Sole legal custody to Parent 2 proposed, with information-sharing or consultation as stated below.
☐ Issue-specific allocation proposed: [________________________________]
| Decision Area | Parent 1 Authority | Parent 2 Authority | Consultation / Notice | Tie or Impasse Route |
|---|---|---|---|---|
| Education | [____] | [____] | [____] | [COURT / COUNSEL / SAFE FACILITATION] |
| Nonemergency health care | [____] | [____] | [____] | [____] |
| Mental-health care | [____] | [____] | [____] | [____] |
| Activities and childcare | [____] | [____] | [____] | [____] |
| Religious or cultural matters | [____] | [____] | [____] | [____] |
| Passport and travel consent | [____] | [____] | [____] | [____] |
| Other | [____] | [____] | [____] | [____] |
An impasse does not automatically give either parent a private tie-breaking power unless the entered order says so.
5. PHYSICAL CUSTODY AND BASE SCHEDULE
School-year schedule begins: [__/__/____]
| Day / Period | Start Time and Location | End Time and Location | Parent Responsible | Transportation / Exchange Method |
|---|---|---|---|---|
| Monday | [____] | [____] | [____] | [____] |
| Tuesday | [____] | [____] | [____] | [____] |
| Wednesday | [____] | [____] | [____] | [____] |
| Thursday | [____] | [____] | [____] | [____] |
| Friday | [____] | [____] | [____] | [____] |
| Saturday | [____] | [____] | [____] | [____] |
| Sunday | [____] | [____] | [____] | [____] |
School pickup/drop-off controls: [________________________________]
No-school or unexpected-closure rule: [________________________________]
Childcare and right-of-first-contact proposal, if appropriate: [________________________________]
Child's belongings, medication, devices, and school materials: [________________________________]
6. HOLIDAYS, BREAKS, AND SPECIAL DAYS
The completed holiday schedule controls over the base schedule only as stated here.
| Holiday / Break | Even Years | Odd Years | Start / End | Transportation | Safety or Cultural Note |
|---|---|---|---|---|---|
| Winter break — first segment | [____] | [____] | [____] | [____] | [____] |
| Winter break — second segment | [____] | [____] | [____] | [____] | [____] |
| Spring break | [____] | [____] | [____] | [____] | [____] |
| Summer schedule | [____] | [____] | [____] | [____] | [____] |
| Thanksgiving | [____] | [____] | [____] | [____] | [____] |
| Child's birthday | [____] | [____] | [____] | [____] | [____] |
| Parent 1 special day | [____] | [____] | [____] | [____] | [____] |
| Parent 2 special day | [____] | [____] | [____] | [____] | [____] |
| Cultural / religious observance | [____] | [____] | [____] | [____] | [____] |
| Other | [____] | [____] | [____] | [____] | [____] |
Vacation-request process and contractual notice target: [________________________________]
Any notice target written here is a proposed plan term, not a statement of a universal statutory deadline.
7. EXCHANGES, TRAVEL, AND EMERGENCIES
Ordinary exchange location: [________________________________]
Protected exchange location or supervisor, if applicable: [________________________________]
Late or missed exchange communication method: [________________________________]
Authorized pickup persons: [________________________________]
Interisland travel information and delivery method: [________________________________]
Out-of-state or international travel notice and consent process: [________________________________]
Passport custody and access: [________________________________]
Emergency medical authority during a parenting period: [________________________________]
Emergency notice method and available records: [________________________________]
This proposal does not predetermine emergency, travel, passport, protective-order, or law-enforcement outcomes controlled by other law or orders.
8. INFORMATION, RECORDS, AND COMMUNICATION
| Topic | Access / Delivery | Timing Target | Privacy / Safety Limit |
|---|---|---|---|
| School records and notices | [____] | [____] | [____] |
| Medical and dental records | [____] | [____] | [____] |
| Activity schedules | [____] | [____] | [____] |
| Emergency information | [____] | [____] | [____] |
| Parent contact information | [____] | [____] | [____] |
| Child's travel itinerary | [____] | [____] | [____] |
Parent communication platform: [________________________________]
Child's telephone or video contact schedule: [________________________________]
Under § 571-46(a)(15)-(16), a court may include electronic visitation with safety conditions. Electronic contact does not itself replace physical custody or justify relocation.
9. PROPOSED MOVE OR RELOCATION REVIEW
This template does not invent a statewide mileage definition or fixed 90-day notice period. A proposed move requires review of the current order, the child's circumstances, jurisdiction, safety, travel, school, cost, and best-interest evidence.
Parent considering move: [________________________________]
Current residence: [________________________________]
Proposed residence and move date: [________________________________]
Reason and supporting records: [________________________________]
Effect on school, care, health, siblings, culture, activities, and each parent-child relationship: [________________________________]
Proposed revised schedule and transportation-cost allocation: [________________________________]
Current order's notice/consent/motion requirement: [________________________________]
Court filing or stipulation required before move: [________________________________]
No automatic custody change applies under this proposal. Any requested change must be presented through the lawful court process and evaluated under the child's best interests.
10. CHILD SUPPORT, HEALTH COVERAGE, AND EXPENSES — SEPARATE ORDER CONTROL
This parenting proposal does not establish, waive, recalculate, or enforce child support.
Current support order / agency case: [________________________________]
Health-coverage order: [________________________________]
Unreimbursed health-expense process: [________________________________]
Childcare, school, activity, travel, and extraordinary expenses: [________________________________]
Separate worksheet, guideline, agency, or court filing required: [________________________________]
11. CHANGES, DISAGREEMENTS, AND COURT REVIEW
Safe direct discussion permitted: ☐ Yes ☐ No
Optional neutral facilitation or mediation, if safe and agreed: [________________________________]
Counsel-to-counsel route: [________________________________]
Emergency or prohibited-contact route: [COURT / COUNSEL / LAW ENFORCEMENT / OTHER]
Section 571-46(a)(6) places custody modification under the child's best interests and refers to a motion or petition concerning the prior award. A parent should not use self-help, withheld support, a private “default,” an automatic fee clause, indemnity, force majeure, arbitration, or a unilateral custody change as a substitute for the controlling order and lawful court process.
12. PROPOSAL SIGNATURES AND COURT-ORDER HANDOFF
The signatures below show that the proposal was reviewed; they do not make it a custody order.
| Parent 1 | Parent 2 |
|---|---|
| Signature: ______________________________ | Signature: ______________________________ |
| Printed name: [________________________] | Printed name: [________________________] |
| Date: [__/__/____] | Date: [__/__/____] |
| Counsel: [_____________________________] | Counsel: [_____________________________] |
Current court form, stipulation, motion, or proposed order used for submission: [________________________________]
Filed on: [__/__/____]
Court hearing or review date: [__/__/____]
Order entered on: [__/__/____]
Terms adopted, rejected, or changed by the court: [________________________________]
Certified or filed copy delivered to each parent on: [__/__/____]
SOURCES AND REFERENCES
About this template
- Last updated
- August 23, 2026
- Citations checked
- August 23, 2026
- Jurisdiction
- Hawaii
- Category
- Family Law
Legal authority
- Haw. Rev. Stat. § 571-46(a)(1) (custody according to the child's best interests)
- Haw. Rev. Stat. § 571-46(a)(6) (court modification when the child's best interests require or justify it)
- Haw. Rev. Stat. § 571-46(a)(9)-(16) (family-violence safety rules and electronic visitation)
- Haw. Rev. Stat. § 571-46(b) (nonexclusive best-interest factors)
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on August 23, 2026.
Haw. Rev. Stat. § 571-46(a) (checked August 23, 2026): "In actions where there is at issue a dispute as to the custody of a minor child, the court, during the pendency of the action, at the final hearing, or any time during the minority of the child, may make an order for the custody of the minor child as may seem necessary or proper."
Haw. Rev. Stat. § 571-46(a)(1) (checked August 23, 2026): "Custody should be awarded to either parent or to both parents according to the best interests of the child, and the court also may consider frequent, continuing, and meaningful contact of each parent with the child unless the court finds that a parent is unable to act in the best interest of the child."
Haw. Rev. Stat. § 571-46(a)(6) (checked August 23, 2026): "Any custody award shall be subject to modification or change whenever the best interests of the child require or justify the modification or change and, wherever practicable, the same person who made the original order shall hear the motion or petition for modification of the prior award."
Haw. Rev. Stat. § 571-46(a)(9)-(12) (checked August 23, 2026): "In every proceeding where there is at issue a dispute as to the custody of a child, a determination by the court that family violence has been committed by a parent raises a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of family violence. The court shall consider as the primary factor the safety and well-being of the child and of the parent who is the victim of family violence. A court may award visitation to a parent who has committed family violence only if the court finds that adequate provision can be made for the physical safety and psychological well-being of the child and for the safety of the parent who is a victim of family violence."
Draft your Child Custody Agreement in the editor
Answer a few questions, let the AI editor draft each section from your answers, review it, and download Word and PDF. $99 one time, or $249 per month for every document and every Ezel app.