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Partner R. Laree McGuire was a featured panelist at the June 12th Hawaii Council of Community Associations (HCCA) Board of Director Training Webinar. McGuire spoke on Association and Board Governance covering HRS 514B-121-126 and 421J, as well as an update on the new laws passed during the 2021 Legislative Session, Fair Housing and Foreclosure Law.

Posting anything on social media during a contested legal case – especially one involving divorce or child custody – can create a minefield of problems.  

Family court judges will consider any communication made by either party as evidence. That includes anything posted on a public space, such as Facebook, Instagram, Twitter, dating apps, or any other social media platform.  

The best strategy while the legal case is pending is to stay off social media completely. But if you do go on social media, there are some particularly thorny topics to stay away from:  

• Anything to suggest you are not a good parent  

• Any comments concerning your current or former spouse  

• Information about a relationship with a new significant other 

• Content that causes you to appear unstable  

• Information about large purchases you’ve made or monetary gifts anyone has given to you   

• Photos showing conduct that would negatively impact the perception of you as a parent, such as consumption of illegal drugs or alcohol 

In summary, never assume your social media posts are invisible to your current or former spouse, or anyone else. Consider staying off social media completely until your divorce is finalized.  

Seth Harris, an experienced attorney with the PMK Family Law Division, is available to provide compassionate and practical advice to guide you through all aspects of a divorce, from start to finish.

Although it is extremely rare, there are times when a family court judge may decide to terminate an adult’s legal rights as a parent. Such action is almost always linked to foster custody or an adoption proceeding.  

In some instances, such action is involuntary, and it may occur over the objection of the parent whose rights are being terminated. In other cases, the parent may request that the court terminate their parental rights. In either case, the court uses very strict standards to terminate a parent’s legal rights to their child.  

When it comes to involuntary termination of a parent’s legal rights, the court will consider any way in which the parent has made an effort to be a part of the child’s life. For example, even a parent who is incarcerated may be able to send letters to their child or provide minimal financial support in some form.  

 Some of the circumstances under Hawaii state law in which the court will involuntarily terminate a parent’s legal rights to their child include: 

• If the parent surrendered care of the child to another person for at least two years  
• If the parent failed to communicate with the child for at least one year  
• When the parent fails to provide care and support to the child for at least one year 
• When the child was removed from the parent’s physical custody due to a legal action 
• If the parent is found by the court to be mentally ill or intellectually disabled and unable to give consent to an adoption or from providing the care necessary for the well-being of the child
• If it is determined that the father is not the natural or adoptive father  

If a parent wishes to relinquish their parental rights to their child, the family court judge will ask for the specific reasons for the request. The most common circumstances in which the court might grant a parents’ request to relinquish their parental are when the child is adopted by another, such as a stepparent or new adoptive parents.  

Whether voluntary or involuntary, the termination of parental rights is not something that the Family Court takes lightly. Seth Harris, a senior associate with PMK’s family law division is available to assist with any legal cases related to the termination of parental rights or any other family law needs. For more information, go to https://www.hawaiilegal.com/practice-areas/family-law-2/.

Partner R. Laree McGuire was a featured panelist at the April 1st Hawaii Chapter Community Association Institute Webinar, “Fire & Life Safety; Sprinklers Updates.” McGuire spoke about Ordinance 21-3 which addresses fire safety, sprinkler system and alarm requirements and emergency plans for residents.

The Family Court is seeing an increased backlog of unresolved cases, especially because of the complications created by the COVID-19 pandemic. Hearings – even those deemed urgent – are being scheduled months out. Even more so than in the past, the court is encouraging people to seek alternative dispute resolution (ADR) to avoid what can be a months-long wait for a hearing. Alternative dispute resolution can also be less expensive than going through the Family Court.  

Parents or spouses can use alternative dispute resolution to navigate divorces, and custody or child support disputes.  

Forms of alternative dispute resolution include:  

• Mediation – The parties work together with a trained mediator to facilitate conversation and resolution.  
• Arbitration – The parties hire a family law attorney or expert who acts as a private judge to resolve the remaining disputes.   
• Custody Issues – Third-party evaluators, such as a Family Court-approved, licensed,  trained custody evaluator, can determine what arrangement is in the best interest of the child. 

 Seth Harris, senior associate at the PMK family law division, can help determine if alternative dispute resolution is a good option for you. For more information, go to https://www.hawaiilegal.com/practice-areas/family-law-2/.