Thursday, May 31, 2012

Title: Hawaii: Determining Exclusive Jurisdiction Over Issues Pertaining to Child Support and Custody. BY: Hannah M.


Link for Opinion: http://www.courts.state.hi.us/docs/opin_ord/ica/2011/nov/CAAP-11-0000312ada.pdf


On February 23, 2007 Catina Beam (now known as Catina Stefanik) and Bruce Beam joint legal custody, with Stefanik having physical custody. Beam was to have reasonable visitation and pay child support and temporary spousal support.

On August 1, 2008, Beam filed a custody motion and was awarded temporary sole legal and physical custody of the children. Stefanik was limited to supervised visits and child support payments were suspended.

The court entered its order on October 13, 2009 for two motions that it heard. Beam was awarded sole physical custody. Beam and Stefanik were awarded joint legal custody, and Stefanik’s request for unsupervised visitation was granted.

On December 21, 2010, Beam and Stefanik mutually consented to submit jurisdiction to the state of Louisiana. The Louisiana Court granted joint legal custody, with Stefanik having physical custody. Beam was granted reasonable visitation rights. The Louisiana Court further ordered that as long as one party resided in Louisiana, the state would have exclusive jurisdiction over the matter.

Stefanik filed a motion to vacate on January 19, 2011. Stefanik argued that the judgment entered on October 13, 2009 was “void” and “erroneous”, and that she should not be required to pay child support for the period of October 13, 2009 to December 21, 2010. Stefanik’s motion was denied. She appealed.

The Hawaii Intermediate Court of Appeals held in Beam v. Beam, (Haw. Ct. App. 2012), that the Hawaii Family Court had exclusive jurisdiction over this matter even after the parties moved away from Hawaii. It was not until both parties consented to jurisdiction in Louisiana that Hawaii no longer had jurisdiction.

Labels: Child Custody, Jurisdiction

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