Bill > HB1283

This bill establishes protections for individuals alleging domestic abuse in paternity and divorce proceedings by creating detailed exemptions from mandatory mediation. Specifically, the bill requires courts to not compel participation in mediation for parties who allege domestic abuse, and mandates that mediators screen for domestic abuse before proceeding. If domestic abuse is alleged, mediation can only occur if the alleged victim authorizes it and the mediation is conducted by a specially trained mediator who can ensure the victim's safety. The bill allows alleged victims to have a supporting person (like an attorney or advocate) present during mediation, and provides these protections both in divorce proceedings involving child custody and in paternity proceedings. The legislation defines "domestic abuse" by referencing an existing legal definition in Hawaii state law and applies these protections whether or not a temporary restraining order or protective order is currently in effect. By making these changes, the bill aims to protect potentially vulnerable parties from being forced into potentially unsafe mediation situations while still preserving the option for mediation if the alleged victim feels comfortable proceeding.

Health and Social Services, Housing and Urban Affairs, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=1283&year=2026