Although the focus of our blog is land use and related topics, our practice involves more than that -- we also take appeals in other areas of law that present unsettled or untested questions. Here's the latest example, a case that asks what standards govern the Family Court's evaluation of an application for a civil TRO in light of a parent's fundamental right to discipline his or her children (which includes the right to use reasonable corporal punishment).
In Hamilton v. Lethem, No. 27580 (Haw. Ct. App. June 30, 3011), the Hawaii Intermediate Court of Appeals concluded that the TRO process did not violate a parent's rights, and affirmed the Family Court's issuance of a restraining order. Earlier this week, the Hawaii Supreme Court agreed to review these Questions Presented:
1. When determining whether to issue a TRO, does the parental right to discipline children require the application of clear and articulable guidelines to distinguish truly abusive behavior from actions that are "moderate or reasonable discipline [that] is often part and parcel of the real world of parenting?"
2. When considering whether to issue a TRO, must the Family Court recognize that a non-custodial parent maintains a "residual parental right" to discipline his child during a period of unsupervised visitation, including the right to discipline the child for morals?
This case has been to the Hawaii Supreme Court before. In Hamilton v. Lethem, 193 P.3d 839 (Haw. 2008), the court held that the issues were not mooted by the expiration of the TRO, because the "collateral consequences" of a TRO.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Published In: Civil Procedure Updates, Constitutional Law Updates, Criminal Law Updates, Family Law Updates
Reference Info:Appellate Brief | State, 9th Circuit, Hawaii | United States
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Robert Thomas, Damon Key Leong Kupchak Hastert | Attorney Advertising