§577-7 Parents' control and duties.
(a) Parents or, in case they are both deceased, guardians, legally appointed,
shall have control over the conduct and education of their minor children.
They shall have the right, at all times, to recover the physical custody of
their children by habeas corpus. All parents and guardians shall provide, to
the best of their abilities, for the discipline, support, and education of
their children.
(b) To the extent that the minor child has a
beneficial interest in the income or principal of any trust which is applied
for such purposes, parents or guardians shall not be required to pay the costs
of registration, tuition, books, room and board, and other expenses incurred in
connection with the attendance of a minor child at any private grammar,
secondary, industrial arts or trade school, or at any college or university,
whether or not the college or university is a private institution or is maintained
by a state or any subdivision thereof. The power of the family court under
sections 580-47 and 580-74 to compel the parties to a divorce or separation to
provide for the education of a minor or an adult child shall not be limited by
any provision of this subsection. [L 1864, p 47; RL 1925, §3045; am L 1931, c
77, §3; RL 1935, §4513; RL 1945, §12264; RL 1955, §330-5; HRS §577-7; am L
1975, c 77, §1(2); am L 1982, c 84, §1]
Case Notes
Applied in allocating to the mother damages for child's loss
of support. 245 F. Supp. 981, 1014 (1965), aff'd 381 F.2d 965 (1967).
Where parents voluntarily parted and later seek recovery of
their child, the reasonable wishes of the child will have controlling
influence. 6 H. 386 (1883).
Parents are legal, proper and sole custodians of their
children until right forfeited. 26 H. 433 (1922).
In deciding question between divorced parents as to custody
of child, paramount consideration is welfare of child, technical rights not
controlling. 26 H. 465 (1922); 27 H. 742 (1924); 29 H. 85 (1926). See 32 H.
731 (1933).
Duty to support and right to service under §577-3 reciprocal
and correlative. 27 H. 671 (1924); 32 H. 608 (1933).
Wrongful death action of death of child, services, recovery.
37 H. 571 (1947).
Court has jurisdiction in equity to award support to child in
child's action against parent. 49 H. 200, 412 P.2d 638 (1966) (decided before
family court established by chapter 571).
Obligation enforceable in equitable action by child against
parent. 49 H. 200, 209, 412 P.2d 638 (1966).
Duty imposed on parents by section to provide for support of
their children includes reasonably necessary and available medical services.
73 H. 236, 831 P.2d 924 (1992).
The "physical harm" encompassed in the definition
of family violence in §571-2 would not preclude a parent's right to use force
to discipline a child as permitted by §703-309(1), and duty to discipline a
child under subsection (a). 88 H. 200 (App.), 965 P.2d 133 (1998).
Cited: 45 H. 69, 72, 361 P.2d 1054 (1961).
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1988–2025 · leading case:
State v. Matavale, 166 P.3d 322 (Haw. 2007).
State v. Matavale, 166 P.3d 322 (Haw. 2007).
· cites it 8× “The use of parental force is permissible under the penal law, for under appropriate circumstances, "a parent might justifiably believe that the use of physical force was the only proper alternative left to the parent to fulfill his or her obligation under HRS § 577-7 (1993) to…”
State v. Batson, 831 P.2d 924 (Haw. 1992).
· cites it 2× “See HRS § 577-7(a) (1985), imposing on parents, inter alia, a duty to “provide, to the best of their abilities, for the.”
Jaylo v. Jaylo, 248 P.3d 1219 (Haw. App. 2011).
· cites it 9× “” HRS § 577-7. Given this responsibility, when parents divorce, HRS § 580-47 expressly authorizes the family court to compel the parents, “or either of them to provide for the support, maintenance, and education of the children of the parties!,]” and “[p]rovision may be made for…”
State v. Tanielu, 922 P.2d 986 (Haw. App. 1996).
· cites it 4× “Where a parent’s non-physical disciplinary alternatives fail to prevent his or her minor child’s continuing misconduct, a parent might justifiably believe that the use of physical force was the only proper alternative left to the parent to fulfill his or her obligation under HRS…”
State v. Martinez, 68 P.3d 606 (Haw. 2003).
· cites it 2× “8 (1992) (HRS § 577-7(a) "imposes on parents, inter alia, a duty to provide, to tire best of their abilities, for the .”
State v. Faufata, 66 P.3d 785 (Haw. App. 2003).
· cites it 4× “8 (1992) (noting that HRS § 577-7(a) 9 (1985) imposes on parents a duty to provide support to their children to the best of them abilities and that “[s]uch support includes reasonably necessary and available medical services”) (citation omitted, footnote added). HRS § 701-109…”
Rezentes v. Rezentes, 965 P.2d 133 (Haw. App. 1998).
· cites it 4× “HRS § 577-7(a) (1993), which also relates to the discipline of children by their parents, provides, in relevant part, that parents “shall have control over the conduct and education of their minor children.”
MacK v. MacK, 749 P.2d 478 (Haw. App. 1988).
· cites it 2× “[5] HRS § 577-7(a) states in relevant part: "All parents and guardians shall provide, to the best of their abilities, for the discipline, support, and education of their children.”
Mack v. Mack, 749 P.2d 478 (Haw. App. 1988).
· cites it 2× “HRS § 577-7(a) states in relevant part: “AH parents and guardians shall provide, to the best of their abilities, for the discipline, support, and education of their children.”
Jaylo v. Jaylo, 262 P.3d 245 (Haw. 2011).
“Hawai'i Revised Statutes Section 577-7(a) provides, in pertinent part, that “[a]ll parents and guardians shall provide, to the *372 best of their abilities, for the discipline, support, and education of then’ children.”
In Re the Guardianship of the Person of Doe, 786 P.2d 519 (Haw. App. 1990).
· cites it 2× “” HRS § 577-7(a) (1985) states, in relevant part, that “[p]arents or, in case they are both deceased, guardians, legally appointed, .”
In re: Guardianship of I.W. & T.E. (Haw. App. 2025).
· cites it 4× “SK argues that HRS § 577-7(a)'s provision establishing parental control over the conduct and education of one's children is good cause requiring the Family Court to terminate the guardianship.”
— Haw. Rev. Stat. § 577-7(a) — 12 cases
State v. Matavale, 166 P.3d 322 (Haw. 2007).
“The use of parental force is permissible under the penal law, for under appropriate circumstances, "a parent might justifiably believe that the use of physical force was the only proper alternative left to the parent to fulfill his or her obligation under HRS § 577-7 (1993) to…”
State v. Batson, 831 P.2d 924 (Haw. 1992).
“See HRS § 577-7(a) (1985), imposing on parents, inter alia, a duty to “provide, to the best of their abilities, for the.”
Jaylo v. Jaylo, 248 P.3d 1219 (Haw. App. 2011).
“” HRS § 577-7. Given this responsibility, when parents divorce, HRS § 580-47 expressly authorizes the family court to compel the parents, “or either of them to provide for the support, maintenance, and education of the children of the parties!,]” and “[p]rovision may be made for…”
State v. Martinez, 68 P.3d 606 (Haw. 2003).
“8 (1992) (HRS § 577-7(a) "imposes on parents, inter alia, a duty to provide, to tire best of their abilities, for the .”
State v. Faufata, 66 P.3d 785 (Haw. App. 2003).
“8 (1992) (noting that HRS § 577-7(a) 9 (1985) imposes on parents a duty to provide support to their children to the best of them abilities and that “[s]uch support includes reasonably necessary and available medical services”) (citation omitted, footnote added). HRS § 701-109…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.