STIPULATION AND ORDER FOR MODIFICATION OF CUSTODY
State of Hawai'i Family Court
Case No.: FC-P No. [________________________________]
or FC-D No. [________________________________]
Circuit: ☐ First Circuit (O'ahu) ☐ Second Circuit (Maui/Moloka'i/Lāna'i) ☐ Third Circuit (Hawai'i Island) ☐ Fifth Circuit (Kaua'i)
Family Court of the [____] Circuit, State of Hawai'i
PARTIES
Petitioner/Moving Party:
Name: [________________________________]
Address: [________________________________]
Island: [________________________________]
Respondent:
Name: [________________________________]
Address: [________________________________]
Island: [________________________________]
Minor Child(ren) Subject to This Modification:
| Child's Full Legal Name | Date of Birth | Age | Current Residence |
|---|---|---|---|
| [________________________________] | [__/__/____] | [____] | [________________________________] |
| [________________________________] | [__/__/____] | [____] | [________________________________] |
I. RECITALS AND PROCEDURAL HISTORY
A. Original Order. The custody of the above-named child(ren) is currently governed by:
☐ Divorce Decree entered [__/__/____] in FC-D No. [________________________________]
☐ Paternity/Custody Order entered [__/__/____] in FC-P No. [________________________________]
☐ Prior Stipulated Modification Order entered [__/__/____]
☐ Other: [________________________________]
(the "Original Order"), entered by the Family Court of the [____] Circuit.
B. Jurisdiction. This Court has continuing exclusive jurisdiction under HRS Chapter 583A (UCCJEA) because Hawai'i remains the home state of the child(ren) and/or the parties continue to reside in this State.
C. Material Change in Circumstances. Under HRS § 571-46(a)(6), custody awards may be modified "whenever the best interests of the child require or justify the modification." The parties represent that the following material change(s) in circumstances have occurred since the Original Order:
☐ Relocation of a parent (specify): [________________________________]
☐ Change in child(ren)'s educational needs: [________________________________]
☐ Change in child(ren)'s health or therapeutic needs: [________________________________]
☐ Change in parent's work schedule: [________________________________]
☐ Change in child(ren)'s age, maturity, or expressed preferences: [________________________________]
☐ Parent's completion of court-ordered programs (e.g., substance treatment, anger management, parenting classes): [________________________________]
☐ Domestic violence or safety concerns (HRS § 571-46(a)(9)-(16)): [________________________________]
☐ Other: [________________________________]
D. Best Interests Determination. The parties agree, and represent to the Court, that the modifications set forth herein serve the best interests of the child(ren) as evaluated under the HRS § 571-46(b) factors, including:
- ☐ History of caregiving by each parent before and after separation
- ☐ Quality of the parent-child relationship
- ☐ Each parent's cooperation in developing and implementing a plan for the child(ren)
- ☐ Physical, emotional, and educational needs of the child(ren)
- ☐ Child(ren)'s adjustment to home, school, and community
- ☐ The child(ren)'s expressed preference (if of sufficient age and maturity)
- ☐ Any history of family violence under HRS § 571-46(a)(9)
- ☐ Each parent's mental and physical health
- ☐ The interaction of the child(ren) with siblings and other household members
- ☐ Any history of drug or alcohol abuse
E. Voluntary Agreement. Both parties enter this Stipulation freely and voluntarily, without duress or coercion, and with full knowledge of their legal rights. Each party has had the opportunity to consult with independent legal counsel.
F. Kids First Compliance. ☐ Both parties have completed the Kids First parenting education program as required by the Family Court. ☐ Kids First completion is not required for this modification. ☐ Kids First attendance is pending and will be completed by [__/__/____].
II. MODIFICATIONS TO LEGAL CUSTODY
A. Current Legal Custody Arrangement: [________________________________]
B. Modified Legal Custody:
☐ No Change — Legal custody remains as set forth in the Original Order.
☐ Joint Legal Custody — Both parents shall share joint legal custody and decision-making authority as provided under HRS § 571-46(a)(1). Major decisions regarding the child(ren)'s education, non-emergency healthcare, mental health treatment, and extracurricular activities shall be made jointly after good-faith consultation.
☐ Sole Legal Custody to [________________________________] — Sole legal custody is awarded due to: [________________________________]
C. Decision-Making Allocation (if joint legal custody):
| Decision Category | Joint | Parent A | Parent B |
|---|---|---|---|
| Education / School Enrollment | ☐ | ☐ | ☐ |
| Non-Emergency Medical Care | ☐ | ☐ | ☐ |
| Mental Health / Counseling | ☐ | ☐ | ☐ |
| Extracurricular Activities | ☐ | ☐ | ☐ |
| Religious Upbringing | ☐ | ☐ | ☐ |
| Travel Outside Hawai'i | ☐ | ☐ | ☐ |
D. Dispute Resolution for Deadlocked Decisions. If the parties cannot agree on a major decision after good-faith consultation, the dispute shall be submitted to:
☐ A qualified family mediator before filing any motion with the Court
☐ A Parenting Coordinator appointed by the Court
☐ The Family Court upon motion under HRS § 571-46
III. MODIFICATIONS TO PHYSICAL CUSTODY AND PARENTING TIME
A. Current Physical Custody Arrangement: [________________________________]
B. Modified Physical Custody:
☐ No Change — Physical custody schedule remains as set forth in the Original Order.
☐ Joint Physical Custody — The child(ren) shall reside with each parent on a substantially equal basis per the schedule below.
☐ Primary Physical Custody to [________________________________] with parenting time to the other parent as set forth below.
C. Modified Regular Parenting Time Schedule:
Parent A's time: [________________________________]
Parent B's time: [________________________________]
☐ Week-on/Week-off
☐ 2-2-3 rotation
☐ 5-2-2-5 rotation
☐ Every other weekend plus midweek overnight
☐ Custom schedule as follows: [________________________________]
D. Exchange Details:
Exchange location: [________________________________]
Exchange time: [________________________________]
Transportation responsibility: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Shared equally ☐ Other: [________________________________]
IV. MODIFIED HOLIDAY AND VACATION SCHEDULE
The holiday schedule in the Original Order is modified as follows. Holidays supersede the regular schedule.
Hawai'i-Specific Holidays
| Holiday | Even Years | Odd Years | Times |
|---|---|---|---|
| New Year's Day (Jan 1) | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | [________________________________] |
| Prince Kūhiō Day (Mar 26) | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | [________________________________] |
| Memorial Day Weekend | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | [________________________________] |
| King Kamehameha Day (Jun 11) | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | [________________________________] |
| Independence Day (Jul 4) | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | [________________________________] |
| Statehood Day (3rd Fri in Aug) | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | [________________________________] |
| Labor Day Weekend | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | [________________________________] |
| Thanksgiving Break | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | [________________________________] |
| Winter Break (1st half) | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | [________________________________] |
| Winter Break (2nd half) | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | [________________________________] |
| Spring Break | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | [________________________________] |
| Mother's Day | Mother (every year) | Mother (every year) | [________________________________] |
| Father's Day | Father (every year) | Father (every year) | [________________________________] |
| Child(ren)'s Birthday(s) | ☐ Shared ☐ Alternating | ☐ Shared ☐ Alternating | [________________________________] |
Summer Vacation
Each parent shall have [____] consecutive weeks of summer vacation time with the child(ren), with at least [____] days' advance written notice.
Modified from Original Order: ☐ Yes — Describe change: [________________________________] ☐ No change
V. RELOCATION PROVISIONS (HRS § 571-46.1)
A. If either parent intends to relocate the child(ren)'s principal residence to another island or out of state, the relocating parent shall provide at least sixty (60) days' advance written notice to the other parent specifying:
- The proposed new address
- The reason for relocation
- A proposed revised parenting time schedule
- The proposed date of relocation
B. Under the Waldecker v. O'Scanlon, 137 Hawai'i 460 (2016) framework, any relocation that substantially impairs the existing custody arrangement requires a best-interests analysis by the Court before implementation.
C. Inter-island relocation notice: Given Hawai'i's unique geography, relocation from one island to another constitutes a material change requiring renegotiation or court approval.
D. No parent shall relocate the child(ren) outside of Hawai'i without:
☐ Written consent of the other parent, or
☐ Prior Family Court approval
VI. DOMESTIC VIOLENCE CONSIDERATIONS (HRS § 571-46(a)(9)-(16))
☐ Not Applicable — No history of family violence is alleged or found.
☐ Applicable — Family violence findings apply as follows:
Under HRS § 571-46(a)(9), a determination that family violence has been committed by a parent raises a rebuttable presumption that it is detrimental to the child and not in the child's best interest to be placed in sole custody or joint custody with the perpetrator. The following provisions apply:
☐ Supervised visitation ordered per HRS § 571-46(a)(11)
☐ Perpetrator required to complete a certified domestic violence intervention program
☐ Perpetrator ordered to abstain from alcohol and controlled substances (HRS § 571-46(a)(12))
☐ Address of the child(ren) and/or protected parent shall remain confidential (HRS § 571-46(a)(13))
☐ Existing TRO/protective order under HRS Chapter 586: Case No. [________________________________]
☐ Other conditions: [________________________________]
VII. CHILD'S PREFERENCE
☐ The child(ren) is/are of sufficient age and maturity to express a preference regarding custody. The Court may give "due weight" to the child(ren)'s wishes under HRS § 571-46(a)(2).
☐ Child(ren)'s preference has been considered in reaching this stipulation.
☐ Not applicable — child(ren) too young.
VIII. CUSTODY EVALUATION
☐ A custody evaluation pursuant to HRS § 571-46(a)(4) was conducted by [________________________________], a court-appointed custody evaluator.
☐ No custody evaluation was ordered or required.
☐ A custody evaluation is requested and shall be ordered by the Court. The cost shall be borne: ☐ Equally ☐ By Petitioner ☐ By Respondent ☐ As ordered by the Court.
IX. COMMUNICATION AND COOPERATION
A. Co-Parenting Communication. The parties shall communicate regarding the child(ren) through:
☐ Telephone ☐ Text message ☐ Email ☐ Co-parenting application (e.g., OurFamilyWizard, TalkingParents)
B. Non-Disparagement. Neither parent shall make negative or disparaging remarks about the other parent, the other parent's family, or the other parent's cultural practices in the presence or hearing of the child(ren).
C. Cultural Considerations. Consistent with Hawai'i's multicultural heritage and the concept of 'ohana (extended family), both parents shall:
- Respect and support the child(ren)'s connection to Hawaiian and other cultural traditions
- Facilitate the child(ren)'s relationships with extended family members on both sides
- Support the child(ren)'s participation in culturally significant activities and events
D. Information Sharing. Both parents shall have full and equal access to the child(ren)'s school, medical, dental, and therapeutic records, and both shall be listed as emergency contacts.
E. Right of First Refusal. If the custodial parent is unavailable for more than [____] consecutive hours during scheduled parenting time, the other parent shall be offered the opportunity to care for the child(ren) before third-party childcare is arranged.
X. PROVISIONS REMAINING UNCHANGED
All terms of the Original Order not expressly modified herein remain in full force and effect.
XI. FILING AND COURT APPROVAL
This Stipulation shall be submitted to the Family Court of the [____] Circuit for approval and entry as a modified order. Both parties acknowledge that the Court retains ultimate authority to accept, reject, or modify this Stipulation if it does not serve the child(ren)'s best interests.
Filing Requirements:
☐ Form 1F-P-878 (Motion and Declaration for Post-Decree Relief) — First Circuit
☐ Applicable motion for modification form — [____] Circuit
☐ Proposed order attached
☐ Filing fee paid: ☐ Yes ☐ Fee waiver requested
XII. EXECUTION
We, the undersigned, declare under penalty of perjury under the laws of the State of Hawai'i that the foregoing is true and correct and that we enter into this Stipulation voluntarily and in the best interests of our child(ren).
Petitioner/Parent A:
Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]
Respondent/Parent B:
Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]
APPROVAL OF COUNSEL (if represented)
Attorney for Petitioner:
[________________________________], Esq.
Bar No. [________________________________]
Date: [__/__/____]
Attorney for Respondent:
[________________________________], Esq.
Bar No. [________________________________]
Date: [__/__/____]
ORDER
The Court, having reviewed the foregoing Stipulation and having considered the best interests of the child(ren) under HRS § 571-46(b), hereby:
☐ APPROVES the Stipulation in its entirety and incorporates it as a modified order of this Court.
☐ APPROVES WITH MODIFICATIONS as noted: [________________________________]
☐ DENIES the Stipulation for the following reasons: [________________________________]
☐ ORDERS a custody evaluation under HRS § 571-46(a)(4) before ruling on this Stipulation.
IT IS SO ORDERED.
Date: [__/__/____]
_________________________________
Judge, Family Court of the [____] Circuit
State of Hawai'i
SOURCES AND REFERENCES
- HRS § 571-46 — Criteria and procedure in awarding custody and visitation; best interest of the child
- HRS § 571-46(a)(6) — Modification standard: "whenever the best interests of the child require or justify"
- HRS § 571-46(b) — Sixteen best-interest factors
- HRS § 571-46.1 — Relocation provisions
- HRS § 571-46.5 — Parenting plan requirements
- HRS § 571-46(a)(9)-(16) — Family violence provisions and rebuttable presumption
- HRS Chapter 583A — Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
- HRS Chapter 586 — Domestic Abuse Protective Orders
- Waldecker v. O'Scanlon, 137 Hawai'i 460, 375 P.3d 239 (2016) — Relocation and best-interests framework
- Hawai'i Family Court Forms: courts.state.hi.us
- Kids First Parenting Education Program: Hawai'i State Judiciary
About This Template
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This template is drafted specifically for Hawaii, incorporating applicable state statutes, local court rules, and jurisdiction-specific compliance requirements.
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Last updated: April 2026