The Intermediate Court of Appeals in Hawaiʻi has overturned a family court’s decision to dismiss a divorce case, ruling that the lower court didn’t follow the proper procedures when deciding it was an “inconvenient forum.” This means the case is being sent back to the family court for further review.
The Background of the Case
The case involves G.K. (Husband) and O.K. (Wife), who were married in Utah in 2014 and had a child, G.S.K., in 2022. The couple moved to Maui in October 2023. In March 2024, Husband filed for divorce in the family court. However, he withdrew the complaint in May 2024. Wife then filed for legal separation and later divorce in New Mexico.
In December 2024, Husband filed another divorce complaint in Hawaiʻi, seeking sole custody of the child. He also filed a motion to have the child returned to Maui. The family court scheduled a hearing on the motion, but Husband did not attend. The court then denied Husband’s motion to return the child and dismissed the divorce complaint, declaring Hawaiʻi an inconvenient forum. The court stated that New Mexico was the more appropriate place for the case.
Husband’s Challenges and the Court’s Decision
Husband appealed the family court’s decision. He argued that the court erred by deciding Hawaiʻi was an inconvenient forum without holding an evidentiary hearing and properly considering the factors outlined in Hawaiʻi Revised Statutes (HRS) § 583A-207(b). This statute sets out the rules for determining which state should handle a child custody case when there’s a dispute between states.
The appeals court agreed with Husband. It found that the family court did not follow the requirements of HRS § 583A-207. Specifically, the lower court did not make the necessary findings related to the factors outlined in the statute before deciding that Hawaiʻi was an inconvenient forum. The appeals court noted that the family court’s decision to dismiss the case was made without fully considering the relevant factors, such as domestic violence concerns, the child’s residence, and the parties’ financial situations.
The appeals court also pointed out that the family court did not specify the legal basis for dismissing the divorce proceeding itself, even though it could have chosen to keep jurisdiction over the divorce while letting New Mexico handle the child custody issues.
What Happens Now?
As a result of the appeals court’s ruling, the following orders from the family court have been vacated:
* The December 31, 2024, Dismissal Order
* The February 13, 2025, Order Denying Relief
* The February 27, 2025, Order Denying Reconsideration
* The May 14, 2025, Findings of Fact and Conclusions of Law
The case is now sent back to the family court for further proceedings. The appeals court has instructed the family court to make sure any written findings of fact include citations to the record to support each finding.