ARTICLE 2.

428 words·~2 min read·/hi/2-12

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

ARTICLE 2. JURISDICTION

Note

Article heading reenacted by L 2015, c 77, pt of §1.

Parts I, II, and III headings in this Article deleted by L 2015, c 77, pt of §1.

§576B-201 Bases for jurisdiction over nonresident.

(a)In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(1)The individual is personally served with summons or notice within this State;

(2)The individual submits to the jurisdiction of this State by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3)The individual resided with the child in this State;

(4)The individual resided in this State and provided prenatal expenses or support for the child;

(5)The child resides in this State as a result of the acts or directives of the individual;

(6)The individual engaged in sexual intercourse in this State and the child may have been conceived by that act of intercourse;

(7)The individual asserted parentage of the child in the office of health status monitoring maintained in this State by the department of health; or

(8)There is any other basis consistent with the constitutions of this State and the United States for the exercise of personal jurisdiction.

(b)The bases of personal jurisdiction set forth in subsection

(a)or in any other law of this State may not be used to acquire personal jurisdiction for a tribunal of this State to modify a child support order of another state unless the requirements of section 576B-611 are met, or in the case of a foreign support order, unless the requirements of section 576B‑615 are met. [L 1997, c 295, pt of §1; am L 2015, c 77, pt of §1]

Case Notes

As Hawaii retains its continuing jurisdiction to enforce a child support order as long as the order has not been modified by a tribunal of another state pursuant to chapter 576B or a law substantially similar to it, this section authorized the family court to enforce the child support order even though the father, mother, and children were no longer residents of this State. 98 H. 168 (App.), 45 P.3d 368 (2002).

Where family court had neither general nor specific jurisdiction over father, court erred in entering default judgment against father in mother's child support action. 110 H. 294 (App.), 132 P.3d 862 (2006).