Relocating to the Mainland with a Child: Hawaii Child Custody Laws Explained

Moving Off-Island With a Child

Relocating from Hawaii to the mainland is uniquely challenging. Unlike moving across a state line on the continent, leaving Hawaii involves crossing thousands of miles of ocean, making weekend visitations practically impossible. Because of this, Hawaii Family Courts take relocation requests incredibly seriously. If you have a joint custody agreement or the other parent has visitation rights, you cannot simply pack up and move to California or Texas with your child.

Under Hawaii law, specifically Haw. Rev. Stat. § 571-46, the court must heavily scrutinize any attempt to move a child away from a parent. Whether you are moving for a new job, affordable housing, or family support, you must navigate a strict legal process. By using our directory of US Lawyers, you can connect with a Hawaii family law attorney to help you build a compelling case for or against relocation.

Step-by-Step Process for Relocating in Hawaii

The landmark Hawaii Supreme Court case, Waldecker v. O'Scanlon, 137 Hawai'i 460 (HI Supreme Court 2016), eliminated the prior two-step test requiring an independent threshold showing of a material change in circumstances, establishing that Hawaii Family Courts must conduct a single inquiry focused directly on whether modifying custody for the relocation serves the child's best interests. Here is how the process works.

Providing Notice to the Non-Relocating Parent

The first step is always communication. You must provide formal written notice to your ex-spouse outlining your intent to move, your destination, and your proposed modifications to the parenting plan. If the other parent agrees to the move, you can draft a stipulation and submit it to the court for approval without a trial. If they disagree, you must prepare for litigation.

Filing a Motion for Relocation

If there is no mutual agreement, you must file a formal legal request. You will typically file a post-decree motion, such as Form 1F-P-878, Hawaii, Family Court of the First Circuit, Motion and Declaration for Post-Decree Relief (or Form 1F-P-996, Hawaii, Family Court of the First Circuit, Motion for Relief After Judgment or Order and Declaration in paternity cases), at your local courthouse. Depending on your island, this could be the Family Court of the First Circuit, Kapolei on Oahu, or the Family Court of the Fifth Circuit, Lihue on Kauai. In your motion, you must detail exactly why the move benefits the child, such as access to better schools, a higher standard of living, or proximity to extended family support.

Defeating a Relocation Request

If you are the parent staying in Hawaii and you want to block the move, your goal is to show the court that the relocation will irreparably harm your relationship with your child. The court will consider the child's ties to their current community, school, and friends in Hawaii. You can argue that the other parent's reasons for moving do not outweigh the emotional damage the child will suffer by being separated from you by an ocean.

Structuring Long-Distance Parenting Time

If the judge grants the relocation, they will issue a new long-distance parenting plan. Because alternate weekends are impossible, the non-relocating parent in Hawaii is typically awarded large blocks of time. This often includes the entire summer break, alternating winter holidays, and spring break. The court order must also address who will bear the significant financial burden of the child's airfare between the mainland and Hawaii.

How Much Does it Cost in Hawaii?

Litigating a relocation case is one of the most expensive types of family law disputes:

• Court Fees: Filing a motion for post-decree relief usually costs between $50 and $100.
• Custody Evaluator (CE): Judges frequently appoint an independent custody evaluator or Guardian ad Litem to investigate what is best for the child. This professional can cost between $3,000 and $10,000, usually split between the parents.
• Lawyer Fees: Because relocation cases almost always go to a full evidentiary hearing or trial, attorney fees often range from $10,000 to $25,000 or more in Hawaii.

How Long Does the Process Take?

You should never plan a move to the mainland on short notice if you need court approval. A contested relocation case in a Hawaii Family Court typically takes anywhere from 6 to 12 months to reach a final trial. The court must allow time for mediation, discovery, and the completion of a formal custody evaluation before the judge will make a final ruling.

Frequently Asked Questions (FAQ)