Grandparent Visitation Petition (Hawaii)

CONSTITUTIONAL CAUTION — READ BEFORE FILING. Hawaii's grandparent-visitation statute, HRS § 571-46.3, was held facially unconstitutional in Doe v. Doe, 116 Hawai'i 323 (2007), for omitting a harm-to-the-child requirement. The statute was amended in 2023 to add a "significant harm" standard and a rebuttable presumption favoring the parent's decision. A petitioner must satisfy Troxel "special weight" and the Hawaii Constitution's privacy clause directly by demonstrating significant harm to the child absent visitation. This is a preparation guide, not the official court form. Confirm the current statute and consult Hawaii family-law counsel before filing.

IN THE FAMILY COURT OF THE [____] CIRCUIT

STATE OF HAWAI'I

FC No.: [________________________________]

PETITION FOR GRANDPARENT VISITATION

Petitioner, [________________________________], respectfully petitions this Court for an order of reasonable grandparent visitation pursuant to Haw. Rev. Stat. § 571-46.3, and alleges:

I. PARTIES

1. Petitioner is the:

☐ Maternal grandparent ☐ Paternal grandparent

of the minor child and resides at:

[________________________________], [________________________________], Hawai'i.

2. Co-Petitioner (if both grandparents petition jointly):

Name: [________________________________] Relationship: [________________________________]

3. Respondent, [________________________________], is the ☐ surviving parent ☐ custodial parent ☐ legal custodian of the minor child and resides at:

[________________________________].

4. The minor child who is the subject of this Petition:

5. Petitioner's child (a parent of the minor child) is: [________________________________].

II. JURISDICTION AND VENUE

6. This Court has subject-matter jurisdiction under Haw. Rev. Stat. §§ 571-11 and 571-14 and Chapter 571.

7. This Court has jurisdiction to make a child-custody/visitation determination under the Hawaii UCCJEA, Haw. Rev. Stat. § 583A-201, because Hawai'i is the home state of the child at the time of commencement of this proceeding (the child has lived in Hawai'i with a parent or person acting as a parent for at least 6 consecutive months immediately before the filing, or since birth if under 6 months old). This home-state finding is also an express statutory requirement under § 571-46.3(a)(1).

☐ Confirmed: Hawai'i is the child's home state.

8. Venue is proper in the [____] Circuit because the child resides there.

III. STANDING — STATUTORY TRIGGER UNDER § 571-46.3(a)

The court may award reasonable visitation ONLY if all of the following findings are made (§ 571-46.3(a)): (1) Hawai'i is the home state of the child; (2) the petitioner's child, who is a parent of the minor child, is otherwise unable to exercise parental visitation due to incarceration or death; and (3) denial of reasonable grandparent visitation would cause SIGNIFICANT HARM to the child.

9. Petitioner has standing because Petitioner's child — a parent of the minor child — is otherwise unable to exercise parental visitation due to:

☐ Death (date: [__/__/____]); or

☐ Incarceration (facility / dates: [________________________________]).

10. Hawai'i is the home state of the child (§ 571-46.3(a)(1)): ☐ Yes.

11. Denial of reasonable grandparent visitation would cause significant harm to the child (§ 571-46.3(a)(3)). Supporting facts:

[________________________________]

[________________________________]

IV. FACTUAL ALLEGATIONS

12. The nature, length, and quality of Petitioner's pre-existing relationship with the child:

[________________________________]

[________________________________]

13. The circumstances under which contact with the child was reduced or denied, and the reasons given:

[________________________________]

14. Specific facts demonstrating the significant harm the child will suffer if visitation is denied (e.g., loss of a primary caretaking relationship, severance of a bonded relationship that provided stability, demonstrable emotional injury):

[________________________________]

[________________________________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

15. Petitioner acknowledges that, under Troxel v. Granville, 530 U.S. 57 (2000), a fit parent's decision regarding visitation is entitled to special weight, and that under Article I, § 6 of the Hawai'i Constitution parents have a fundamental right to privacy and autonomy in child-rearing decisions.

16. Petitioner further acknowledges Doe v. Doe, 116 Hawai'i 323, 172 P.3d 1067 (2007), in which the Hawai'i Supreme Court held that the prior version of HRS § 571-46.3 was facially unconstitutional for failing to require a showing of harm, and held that a petitioner must "demonstrate that the child will suffer significant harm in the absence of visitation before the family court may consider what degree of visitation is in the child's best interests."

17. Rebuttable presumption (§ 571-46.3(c)). Petitioner acknowledges there is a rebuttable presumption that the parent's or custodian's decision regarding visitation is in the best interest of the child. Petitioner alleges this presumption is rebutted by clear and convincing evidence that denial of reasonable grandparent visitation would cause significant harm to the child, as set forth above.

VI. BEST-INTEREST CONSIDERATIONS (§ 571-46.3(d), incorporating § 571-46)

After (and only after) the significant-harm threshold is met, the Court is guided by the standards, considerations, and procedures for parental visitation under Haw. Rev. Stat. § 571-46, including:

☐ The child's safety and physical, emotional, and developmental needs.
☐ The nature and strength of the bond between the child and the grandparent.
☐ Each party's ability to encourage and allow a continuing relationship between the child and the parents.
☐ The history of caregiving and the child's adjustment to home, school, and community.
☐ The wishes of the child, if of sufficient age and maturity.
☐ Any history of family violence, abuse, or neglect.
☐ Other relevant factors: [________________________________]

VII. NOTICE TO LIVING PARENTS AND CUSTODIANS (§ 571-46.3(b))

No hearing may commence until each living parent and the child's custodians are provided due notice (actual or constructive) of the allegations of the petition and of the time and place of the hearing.

Living parents and custodians entitled to notice:

VIII. REQUESTED VISITATION SCHEDULE

Should the Court find significant harm and that visitation is appropriate, Petitioner requests reasonable visitation as follows:

IX. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Hawai'i is the home state of the child and that Petitioner has standing under Haw. Rev. Stat. § 571-46.3(a);

B. Ensure that all living parents and custodians are provided due notice before any hearing, as required by § 571-46.3(b);

C. Find, by clear and convincing evidence rebutting the parental presumption, that denial of reasonable grandparent visitation would cause significant harm to the child;

D. Award Petitioner reasonable grandparent visitation, guided by Haw. Rev. Stat. § 571-46, as set out above or as the Court deems appropriate and in the child's best interest;

E. Enter such enforcement orders as are authorized under § 571-46.3(e); and

F. Grant such other and further relief as the Court deems just and proper.

X. VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of Hawai'i that I am the Petitioner herein, that I have read the foregoing Petition for Grandparent Visitation, and that the facts stated therein are true and correct to the best of my knowledge and belief.

Date: [__/__/____]

Signature of Petitioner: _______________________________________________

Printed Name: [________________________________]

XI. SIGNATURE

Respectfully submitted,

Date: [__/__/____]

Signature: _______________________________________________

☐ Petitioner, pro se ☐ Attorney for Petitioner

Printed Name: [________________________________]

Hawai'i Bar No. (if attorney): [________________________________]

Firm / Address: [________________________________]

Telephone: [________________________________] Email: [________________________________]

XII. NOTICE TO RESPONDENT

TO THE RESPONDENT: A Petition for Grandparent Visitation has been filed against you under Haw. Rev. Stat. § 571-46.3. You are required to file a written response with the Family Court and to serve a copy on the Petitioner (or Petitioner's attorney) within the time stated in the summons issued by the court. If you fail to respond, the Court may proceed and enter orders in your absence. You are entitled to appear, to be represented by counsel, and to present evidence. You are presumed to act in your child's best interest; that presumption may be rebutted only by clear and convincing evidence of significant harm to the child.

XIII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing, together with notice of the time and place of hearing, was served on the following by the method indicated:

Signature: _______________________________________________

Printed Name: [________________________________]

Sources and References

• Haw. Rev. Stat. § 571-46.3 — Grandparents' visitation rights (Justia, 2025)
• Haw. Rev. Stat. § 571-46 — Criteria and procedure in awarding custody and visitation
• Haw. Rev. Stat. § 583A-201 — UCCJEA initial child-custody jurisdiction
• Doe v. Doe, 116 Hawai'i 323, 172 P.3d 1067 (2007) (Hawaii Judiciary opinion)
• SC v. JC, CAAP-20-0000618 (Haw. App. 2022) — applying Doe's harm-to-the-child standard
• Troxel v. Granville, 530 U.S. 57 (2000)
• Hawai'i State Judiciary — Family Court / Self-Help Forms