STIPULATION FOR JOINT CUSTODY AGREEMENT

State of Hawai'i Family Court

Case No.: FC-P No. [________________________________] / 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

ARTICLE I: PARTIES AND CHILDREN

1.1 Parent A (Petitioner)

Full Legal Name: [________________________________]
Address: [________________________________]
Island: [________________________________]
Phone: [________________________________]
Email: [________________________________]

1.2 Parent B (Respondent)

Full Legal Name: [________________________________]
Address: [________________________________]
Island: [________________________________]
Phone: [________________________________]
Email: [________________________________]

1.3 Minor Child(ren)

1.4 Recitals

A. Both parties are the legal parents of the above-named child(ren).
B. Both parties desire to establish joint custody arrangements that serve the best interests of the child(ren) under HRS § 571-46.
C. Under HRS § 571-46(a)(1), custody should be awarded "to ensure the child(ren) frequent, continuing, and meaningful contact" with both parents, provided this is in the child(ren)'s best interests.
D. Under HRS § 571-46(a)(3), the Court may award joint custody even in the absence of mutual agreement if it serves the child(ren)'s best interests. The parties enter this agreement voluntarily.
E. Both parties affirm their ability to cooperate in co-parenting and to make joint decisions in the child(ren)'s best interests.
F. Both parties have completed or are enrolled in the Kids First parenting education program as required by the Hawai'i Family Court.

ARTICLE II: JOINT LEGAL CUSTODY

2.1 Grant of Joint Legal Custody

Both parents shall share joint legal custody of the child(ren). Each parent shall have equal rights and responsibilities to participate in major decisions affecting the child(ren)'s health, education, and welfare.

2.2 Major Decisions Requiring Mutual Agreement

The following decisions shall be made jointly after good-faith consultation:

A. Education:
- School selection, enrollment, and withdrawal
- Special education services, IEP, and 504 plans
- Tutoring and educational support programs
- Decisions regarding homeschooling
- College planning and applications

B. Healthcare:
- Selection of physicians, dentists, and specialists
- Non-emergency medical procedures and treatments
- Vaccinations and immunizations
- Mental health counseling and therapy
- Psychiatric treatment and medication
- Elective surgical procedures

C. Other Major Decisions:
- Religious education and practice
- Extracurricular activities involving significant time or financial commitment
- Travel outside the State of Hawai'i
- International travel and passport applications
- Name changes
- Body modifications (piercing, tattoos) for older children

2.3 Consultation Protocol

A. The parent proposing a major decision shall provide written notice to the other parent with sufficient detail and supporting information.
B. The other parent shall respond within [____] business days.
C. If no response is received within the specified period, the proposing parent may proceed with the decision, unless the matter involves: (i) non-emergency surgery; (ii) school change; (iii) relocation; or (iv) international travel — in which case court approval is required.

2.4 Emergency Decisions

The parent exercising parenting time may authorize emergency medical treatment necessary for the child(ren)'s immediate health and safety. The other parent shall be notified within twenty-four (24) hours.

2.5 Deadlocked Decisions

If the parents cannot reach agreement on a major decision after good-faith efforts:

Step 1: The parents shall attempt to resolve the disagreement through a single mediation session with a qualified family mediator.

Step 2: If mediation is unsuccessful, either parent may file a motion with the Family Court under HRS § 571-46 requesting the Court to decide the disputed issue.

ARTICLE III: JOINT PHYSICAL CUSTODY

3.1 Physical Custody Arrangement

The parents shall share joint physical custody with the child(ren) spending substantially equal time with each parent, as set forth in the schedule below.

3.2 Primary Residence for Administrative Purposes

For school enrollment, mailing, and other administrative purposes, the child(ren)'s primary residence shall be:
☐ Parent A's residence
☐ Parent B's residence
This designation does not confer any preference in future custody proceedings.

3.3 Regular Parenting Time Schedule

Select one or specify a custom arrangement:

☐ Week-on/Week-off:
Exchange day: [____]day at [____] ☐ AM ☐ PM
Exchange location: [________________________________]

☐ 2-2-3 Rotation:
Monday-Tuesday: Parent [____]
Wednesday-Thursday: Parent [____]
Friday-Sunday: Alternating (Week 1: Parent A; Week 2: Parent B)
Exchange time: [____] ☐ AM ☐ PM

☐ 5-2-2-5 Rotation:
Monday-Tuesday: Parent [____] (every week)
Wednesday-Thursday: Parent [____] (every week)
Friday-Monday: Alternating weekends

☐ Custom Schedule:
[________________________________]

3.4 Exchange Protocol

A. Location: ☐ Child(ren)'s school ☐ Parent A's residence ☐ Parent B's residence ☐ Neutral location: [________________________________]

B. Transportation: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Shared equally

C. Punctuality: Both parents shall be prompt for exchanges. If a parent will be more than fifteen (15) minutes late, that parent shall notify the other parent.

D. Conduct at Exchanges: Exchanges shall be conducted in a calm, respectful manner. The child(ren) shall not be exposed to conflict during transitions.

3.5 Inter-Island Provisions

If both parents reside on different islands within Hawai'i:
- The parenting time schedule shall be: [________________________________]
- Air transportation costs shall be: ☐ Shared equally ☐ Proportionate to income ☐ Paid by [________________________________]
- Airport exchange procedures: [________________________________]
- Unaccompanied minor protocols (if applicable): [________________________________]

ARTICLE IV: HOLIDAY AND VACATION SCHEDULE

4.1 Holiday Schedule

Holidays supersede the regular parenting time schedule. Major holidays alternate annually unless otherwise specified.

4.2 Special Occasions

• Mother's Day: With Mother every year, Sat [____] AM to Sun [____] PM
• Father's Day: With Father every year, Sat [____] AM to Sun [____] PM
• Child(ren)'s Birthday(s): ☐ Alternating years ☐ Shared celebration ☐ Each parent hosts separately
• Parent A's Birthday: With Parent A [________________________________]
• Parent B's Birthday: With Parent B [________________________________]

4.3 Cultural and Community Events

Both parents recognize the importance of Hawai'i's multicultural traditions and shall cooperate to facilitate the child(ren)'s participation in:
☐ Hawaiian cultural events and practices
☐ Lei Day celebrations (May 1)
☐ Makahiki season observances
☐ Merrie Monarch Festival (if family attends)
☐ Chinese New Year
☐ Obon / Bon Dance
☐ Other: [________________________________]

4.4 Vacation Time

A. Each parent shall have [____] weeks of vacation time per calendar year with the child(ren).
B. Written notice of vacation plans shall be provided at least [____] days in advance.
C. Vacation time supersedes the regular schedule but not the other parent's designated holiday time.
D. Neither parent shall travel outside the State of Hawai'i with the child(ren) without providing the other parent with: (i) travel dates; (ii) destination and lodging information; (iii) itinerary; and (iv) emergency contact information.

ARTICLE V: COMMUNICATION AND INFORMATION SHARING

5.1 Co-Parenting Communication

Parents shall communicate about the child(ren) in a respectful, business-like manner through:
☐ Telephone ☐ Text message ☐ Email ☐ Co-parenting app: [________________________________]

5.2 Parent-Child Communication

Each parent shall facilitate the child(ren)'s reasonable communication with the other parent during their parenting time:
☐ Daily phone/video call at approximately [____] ☐ AM ☐ PM for up to [____] minutes
☐ Unrestricted reasonable access to phone/video with the other parent

5.3 Information Sharing

Both parents shall have full and equal access to:
- School records, report cards, teacher communications, and progress reports
- Medical, dental, and mental health records
- Extracurricular activity schedules and information
- Daycare and childcare provider information

Both parents shall be listed as authorized contacts and emergency contacts at all schools, healthcare providers, and childcare facilities.

5.4 Notification Requirements

Each parent shall promptly notify the other of:
- Any illness, injury, or hospitalization of the child(ren)
- Any emergency involving the child(ren)
- School disciplinary actions
- Changes in the child(ren)'s behavior or emotional well-being
- Any contact by law enforcement or child protective services
- Change of address, phone number, or employment

ARTICLE VI: PARENTAL CONDUCT AND COVENANTS

6.1 Non-Disparagement

Neither parent shall make negative, derogatory, or disparaging remarks about the other parent, the other parent's family, cultural practices, or household in the presence or hearing of the child(ren).

6.2 Friendly Parent Provision

Consistent with HRS § 571-46(a)(1), each parent shall actively support and facilitate the child(ren)'s relationship with the other parent. Neither parent shall engage in conduct designed to undermine the child(ren)'s relationship with the other parent.

6.3 'Ohana Values

Both parents commit to honoring the Hawai'i value of 'ohana (family) by:
- Supporting the child(ren)'s relationships with extended family on both sides, including grandparents, aunts, uncles, cousins, and hānai relatives
- Encouraging respect for each parent's cultural heritage and traditions
- Promoting the child(ren)'s connection to the Hawaiian community and land

6.4 Substance Use Restrictions

Neither parent shall consume alcohol to impairment or use illegal substances during or within twelve (12) hours prior to parenting time.

6.5 Firearms Safety

All firearms in either household shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

6.6 New Partners

☐ Neither parent shall have a new romantic partner present overnight during parenting time until the relationship has been stable for at least [____] months.
☐ No restriction; parents shall exercise good judgment regarding the child(ren)'s exposure to new partners.

6.7 Consistency Across Households

Parents shall make reasonable efforts to maintain consistent rules, discipline approaches, bedtimes, homework expectations, and screen time limits across both households.

6.8 Attendance at Child(ren)'s Events

Both parents are welcome and encouraged to attend the child(ren)'s school events, extracurricular activities, sports, performances, and other important occasions. Parents shall conduct themselves respectfully toward each other at all events.

ARTICLE VII: RELOCATION (HRS § 571-46.1)

7.1 Intra-Island Relocation

Either parent relocating within the same island shall provide at least thirty (30) days' advance written notice, including the new address.

7.2 Inter-Island Relocation

Given Hawai'i's island geography, relocation to a different island substantially affects the joint custody arrangement. The relocating parent must:
A. Provide at least sixty (60) days' advance written notice
B. Include the new address, reason for the move, and a proposed revised parenting schedule
C. Obtain either: (i) the other parent's written consent, or (ii) Family Court approval

7.3 Out-of-State Relocation

Under Waldecker v. O'Scanlon, 137 Hawai'i 460 (2016), out-of-state relocation with the child(ren) requires:
A. At least ninety (90) days' advance written notice
B. The other parent's written consent, or
C. Family Court approval after a best-interests analysis under HRS § 571-46(b)

7.4 Relocation Due to Family Violence

Under HRS § 571-46(a)(15), a parent's relocation due to family violence by the other parent shall not weigh against the relocating parent in custody or visitation determinations.

ARTICLE VIII: DOMESTIC VIOLENCE SAFEGUARDS (HRS § 571-46(a)(9)-(16))

☐ No history of family violence — This article does not apply.

☐ Family violence findings apply — Under HRS § 571-46(a)(9), a finding that a parent has committed family violence creates a rebuttable presumption that it is detrimental to the child and not in the child's best interest to be placed in sole or joint custody with the perpetrator.

If family violence is later found:
- This joint custody arrangement may be modified by the Court
- Conditions may include supervised visitation, intervention programs, substance abstinence, and address confidentiality per HRS § 571-46(a)(11)-(14)

ARTICLE IX: RIGHT OF FIRST REFUSAL

☐ Not applicable

☐ Applicable — If either parent is unavailable during their scheduled parenting time for more than [____] consecutive hours, that parent shall first offer the other parent the opportunity to care for the child(ren) before arranging alternative childcare.

Regular school, daycare, and established childcare arrangements are excluded.
Response time: [____] hours.

ARTICLE X: DISPUTE RESOLUTION

10.1 Good-Faith Communication

Parents shall first attempt to resolve disputes through direct, respectful discussion.

10.2 Mediation

If good-faith communication fails, the parents shall participate in mediation with a qualified family mediator before filing any motion with the Court.
- Mediation costs: ☐ Shared equally ☐ Proportionate to income
- Exception: Mediation is not required where family violence has been found (HRS § 571-46.5(d))

10.3 Court Intervention

If mediation fails, either parent may file a motion with the Family Court of the [____] Circuit for resolution.

10.4 Attorneys' Fees

In any enforcement proceeding, the prevailing party may be awarded reasonable attorneys' fees and costs at the Court's discretion.

ARTICLE XI: FINANCIAL PROVISIONS

11.1 Health Insurance

☐ Parent A ☐ Parent B ☐ Both parents shall maintain health, dental, and vision insurance for the child(ren).

11.2 Unreimbursed Medical Expenses

Unreimbursed medical, dental, vision, and mental health expenses shall be divided:
☐ Equally (50/50) ☐ Proportionate to income: Parent A [____]% / Parent B [____]%

11.3 Childcare and Education Expenses

• Childcare: ☐ Equally ☐ Proportionate to income ☐ Other: [________________________________]
• Extracurricular activities: ☐ Mutually agreed activities shared ☐ Equally ☐ Proportionate to income
• Private school tuition (if applicable): [________________________________]

11.4 Transportation

• Regular exchange transportation: ☐ Shared equally ☐ Other: [________________________________]
• Inter-island travel costs (if applicable): ☐ Shared equally ☐ Proportionate to income

ARTICLE XII: GENERAL PROVISIONS

12.1 Governing Law. This Agreement is governed by HRS Chapter 571 and the laws of the State of Hawai'i.

12.2 Jurisdiction. The Family Court of the [____] Circuit retains continuing exclusive jurisdiction under HRS Chapter 583A (UCCJEA).

12.3 Amendment. This Agreement may be modified only by written agreement of both parents approved by the Court, or by Court order upon motion.

12.4 Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.

12.5 Integration. This Agreement, together with the Parenting Plan (if filed separately under HRS § 571-46.5), constitutes the entire understanding between the parents regarding custody.

12.6 Annual Review. The parents agree to review this Agreement annually and consider modifications to address the child(ren)'s evolving needs.

12.7 Counterparts. This Agreement may be executed in counterparts, each deemed an original.

ARTICLE XIII: EXECUTION

We, the undersigned parents, declare under penalty of perjury under the laws of the State of Hawai'i that we enter into this Joint Custody Agreement voluntarily, without duress or coercion, and in the best interests of our child(ren). We have read and understand all terms of this Agreement.

Parent A:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

Parent B:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

APPROVAL OF COUNSEL (if represented)

Attorney for Parent A:
[________________________________], Esq. (Hawai'i Bar No. [________________________________])
Date: [__/__/____]

Attorney for Parent B:
[________________________________], Esq. (Hawai'i Bar No. [________________________________])
Date: [__/__/____]

ORDER

The Court, having reviewed the foregoing Stipulation for Joint Custody Agreement and having considered the sixteen best-interest factors under HRS § 571-46(b), the requirements for joint custody under HRS § 571-46(a)(3), and the parents' demonstrated ability to cooperate in co-parenting, hereby:

☐ APPROVES the Stipulation and incorporates it as an order of this Court.
☐ APPROVES WITH MODIFICATIONS as follows: [________________________________]
☐ DENIES the Stipulation. Reasons: [________________________________]
☐ ORDERS a custody evaluation under HRS § 571-46(a)(4) before ruling.

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)(1) — Frequent, continuing, and meaningful contact standard
• HRS § 571-46(a)(3) — Court may award joint custody even without mutual agreement
• HRS § 571-46(b) — Sixteen best-interest factors
• HRS § 571-46.5 — Parenting plans in contested custody actions
• HRS § 571-46.1 — Relocation provisions
• HRS § 571-46(a)(9)-(16) — Family violence provisions and rebuttable presumption
• HRS Chapter 583A — UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act)
• 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
• Kids First Parenting Education Program — Hawai'i State Judiciary
• Hawai'i Family Court Forms: courts.state.hi.us