§580-11 Care, custody, education, and
maintenance of children pendente lite. During the pendency of any action
for divorce or separation the court may make such orders concerning the care,
custody, education, and maintenance of the minor children of the parties to the
action as law and justice may require and may enforce the orders by summary
process. The court may revise and amend the orders from time to time. [L 1931,
c 49, §1; RL 1935, §4474; RL 1945, §12225; RL 1955, §324-36; HRS §580-11; am L
1973, c 211, §5(g)]
Cross References
Custody, see §571-46.
Case Notes
Where joint custodial parents are deadlocked regarding an
important decision implicating their child's future or welfare, such an impasse
qualifies as a material change in circumstances sufficient to warrant the
family court's consideration of a change in the custody order's terms with
respect to the deadlocked matter. 133 H. 415 (App.), 329 P.3d 320 (2014).
Family court did not abuse its discretion by extending wife's
temporary support award during the pendency of the case. 134 H. 431 (App.),
341 P.3d 1231 (2014).
Cited: 35 H. 382, 383 (1940); 38 H. 233, 235 (1948).
Notes of Decisions
Hollaway v. Hollaway, 329 P.3d 320 (Haw. App. 2014).
· cites it 5× “” Haw. RevStat. § 580-11 (2006). HRS § 571-46(6) provides that “[a]ny custody award shall be subject to modification or change whenever the best interests of the child require or justify the modification or change[.”
Cleveland v. Cleveland, 559 P.2d 744 (Haw. 1977).
· cites it 2× “With respect to custody of the children during the pendency of a divorce proceeding, HRS § 580-11 provides: During the pendency of any action for divorce or separation the court may make such orders concerning the care, custody, education, and maintenance of the minor children…”
Jacoby v. Jacoby, 341 P.3d 1231 (Haw. App. 2014).
· cites it 2× “” Under HRS § 580-11 (2006), it may award pendente lite child support “[d]uring the pendency of any action for divorce.”
Doe v. v. ROE V., 704 P.2d 940 (Haw. App. 1985).
· cites it 2× “ing marriage, despite the questions of custody and support of minor children being reserved for future determination, was found in (1) HRS § 580-11 authorizing the family court to make orders for the care, custody, education, and maintenance of minor children during the pendency…”
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