Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 571

Haw. Rev. Stat. § 571-3

  Family courts, divisions of circuit courts

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     §571-3  Family courts, divisions of circuit courts.  The family courts shall be divisions of the circuit courts of the State and shall not be deemed to be other courts as that term is used in the State Constitution.  A family court shall be held at the courthouse in each circuit, or other duly designated place, by the judge or judges of the respective family courts as herein defined.  The chief justice of the supreme court may temporarily assign a family court judge to preside in another circuit when the urgency of one or more cases requires the chief justice to do so.  In any case in which it has jurisdiction the court shall exercise general equity powers as authorized by law. [L 1965, c 232, pt of §1; Supp, §333-3; HRS §571-3; am L 1973, c 211, §1(a); am L 1979, c 111, §20; gen ch 1985]

 

Cross References

 

  Courts, see Const. Art. VI, §1.

 

Rules of Court

 

  Applicability, see HRCP rules 1, 81; HRPP rules 1, 54; RCC rules 31, 32.

 

Case Notes

 

  As family courts are divisions of, and not separate and distinct courts from, the circuit courts of this State, error misidentifying indictment as a family court criminal matter was harmless.  104 H. 311 (App.), 88 P.3d 683 (2004).

 

 

Notes of Decisions
Cited in 18 cases (4 in the last 5 years), 1970–2024 · leading case: Adams v. State
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Adams v. State (2003) haw · cites it 4× “]” HRS § 571-3 (1993) (emphasis added). They are not separate and distinct courts from the circuit courts of the State.”
In the Interest of Doe Children (2004) haw · cites it 3× “) HRS § 571-3 (1993) provides that "[i]n any case in which it has jurisdiction the [family] court shall exercise general equity powers as authorized by law.”
State v. Milne. ICA mem. op., filed 06/26/2020. (2021) haw · cites it 2× “Rather, as our family courts are a division of our circuit courts, see HRS § 571-3 (2006) (“The family courts shall be divisions of the circuit courts of the State and shall not be deemed to be other courts as that term is used in the State Constitution.”
State v. Pedro. (2021) haw · cites it 2× “Any potential jurisdictional defect is, however, immaterial. The Circuit Court of the Second Circuit had jurisdiction under HRS § 603-21.”
Labayog v. Labayog (1996) hawapp · cites it 4× “[15] HRS § 571-3 (1993) states in relevant part as follows: Family courts, divisions of circuit courts.”
Winterborne v. State (2004) hawapp · cites it 10× “” 10 Indeed, in Hawai'i, the family courts are “divisions of the circuit courts of the State[J” HRS § 571-3 (1993) (emphasis added). 11 They are not separate and distinct courts from the circuit courts of the State.”
KS v. RS. Consolidated With Case No. CAAP-20-0000489. (2022) hawapp · cites it 4× “16 HRS § 571-3 (2018), entitled "Family courts, divisions of circuit courts," provides: The family courts shall be divisions of the circuit courts of the State and shall not be deemed to be other courts as that term is used in the State Constitution.”
In Re the Guardianship of Carlsmith (2007) haw · cites it 2× “” HRS § 571-3 (1993). Part and parcel of the family court’s authority, in relevant part, are the following statutorily-conferred powers: (2) Subpoena, summon, and compel the attendance of parties and witnesses from any part of the State, and compel the production of books,…”
Linson v. Linson (1980) hawapp · cites it 2× “According to HRS § 571-3, “[i]n any case in which it has jurisdiction the [family] court shall exercise general equity powers as authorized by law”.”
State v. Malave. (2020) haw · cites it 2× “3d 394, 402 (2003) (citing HRS § 571-3 (1993)). HRS § 571-14(a) (2018) gives the family court exclusive original jurisdiction “[t]o try any offense committed against a child by the child’s parent or guardian or by any other person having the child’s legal or physical custody.”
Linson v. Linson (1980) hawapp · cites it 2× “According to HRS § 571-3, "[i]n any case in which it has jurisdiction the [family] court shall exercise general equity powers as authorized by law".”
In Re Doe (1970) haw · cites it 4× “Under HRS § 571-3, the family courts exercise general powers of equity in any case in which they have jurisdiction.”
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