Legal Question in Family Law in Hawaii

help

My husband used a para-legal to file a divorce in the state of Hawaii. I responded to the state of Hawaii that I no longer lived in Hawaii and that I had filed for a divorce in the state of Washington where I live and request jurisdiction to be over our 7 year old son. The state of Hawaii has now put my husbands motion for divorce into a limbo state and has said it will remain there until it is dismissed July 7 2007 if no further action is taken until then. I don't believe that he is aware of this and the State of Washington want's that motion to be dismissed before they make a determination as to jurisdiction not to mention child support or anything else for that matter. Is there a way to get that motion dismissed in Hawaii since it is just sitting there? Or do I just have to wait and hope it gets dismissed before he realizes he could motion to proceed. I really don't want to fly back over there and hire an attorney . What to do?


Asked on 2/06/07, 3:29 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: help

You need to hire counsel here to determine the jurisdictional question. The UCCJEA says that jurisdiction is where the child is - and where the child has been for the last six months.

You don't say how long the child has been here, so I can't really answer your question.

Your best bet is to hire somebody local who understands family law interstate issues. A member of the Family law section of the state Bar will understand your question and provide you with an answer.

based on what you said, it does not sound to me as though you need to go to HI to deal with this, but your lawyer here should set up a hearing via phone with the HI court to explain the jurisdictional issue so the two courts can confer (yes, they do this) and make a decision that will be effective in both courts.

Or, you can ask your ex to dismiss the HI action.

Hope this helps.

Powell

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Answered on 2/06/07, 3:43 pm


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