[§583A-202] Exclusive, continuing jurisdiction.
242 words·~1 min read·
/hi/583a-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[§583A-202] Exclusive, continuing jurisdiction.
(a)Except as otherwise provided in section 583A-204, a court of this State which has made a child-custody determination consistent with section 583A-201 or 583A-203 has exclusive, continuing jurisdiction over the determination until:
(1)A court of this State determines that the child, the child's parents, and any person acting as a parent do not have a significant connection with this State and that substantial evidence is no longer available in this State concerning the child's care, protection, training, and personal relationships; or
(2)A court of this State or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this State.
(b)A court of this State which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 583A-201. [L 2002, c 124, pt of §2]
Case Notes
Where family court correctly concluded that Hawaii no longer had exclusive, continuing jurisdiction because Louisiana "took exclusive jurisdiction over issues pertaining to the custody and support of the children with the consent of both father and mother", Hawaii no longer had jurisdiction and the family court thus had no authority to modify the October 13, 2009 order. 126 H. 58 (App.), 266 P.3d 466 (2011).
Discussed: 133 H. 436 (App.), 329 P.3d 341 (2014).