(a) Deployment or the potential for future deployment shall not be the sole factor in awarding custody and must be considered in relation to all of the factors in section 571-46.
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Terms Used In Hawaii Revised Statutes 571-95

  • Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
  • deployed: means military services performed in compliance with a valid order received by an active duty or reserve member of the armed forces of the United States or National Guard to report for combat operations, contingency operations, peacekeeping operations, temporary duty greater than sixty days, a remote tour of duty, or other active service for which the deploying parent reports unaccompanied by any family member. See Hawaii Revised Statutes 571-91
  • deployed parent: means a legal parent or a legal guardian of a child under the age of eighteen, who is deployed, will likely deploy within the next sixty days, or who has received written orders to deploy. See Hawaii Revised Statutes 571-91
  • Other parent: means the legal parent or legal guardian other than the deploying parent. See Hawaii Revised Statutes 571-91
(b) If deployment or the potential for future deployment results in the modification of the custody or visitation terms established by a prior order, the court order shall include, without limitation, the following conditions:

(1) A specific transition schedule to facilitate return to the prior order over the shortest reasonable time period after the deployment ends, taking into consideration the best interest of the child;
(2) A specific date at which time the prior order will return to full force and effect; and
(3) If the deployment is extended or shortened, then:

(A) The deployed parent has a duty to inform the other parent of the change as soon as the information is available;
(B) The other parent has the responsibility to return to court to change the effective date of the modification of the prior order made pursuant to this subsection; and
(C) The transition schedule shall take effect at the end of the modified deployment.
(c) Upon request of either parent the court may set a review hearing to occur within thirty days of the deployed parent’s return from deployment at which time the court may make such orders as are in the best interest of the child.

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